رضا عرب زاده

The patent claims as an important legal part of the patent certificate are the most cited and the most challenging part of the patent certificate in patent infringement lawsuits. The evaluation of the jurisprudence of various countries proves that despite the significant impact that this part of the patent certificate has on the fate of infringement lawsuits, due to the arbitrary constructions, it has lost its pioneering role and the judgements are clearly incoherent. This article, in addition examining the judicial procedure of American courts and identifying the seven principles cited by judges, shows the necessity and importance of uniform, methodical and predictable construction by parties. Also, while refining and evaluating these principles in Iran's patent law, this research aims to provide clear guidance for Iranian judges when interpreting claims in settling disputes of infringement lawsuits. Nevertheless, the authors of this article, while acknowledging the special nature of the strategic findings of the judges of the American federal courts, use the aforementioned principles only for face these concepts, to explain the necessity of systematizing claims construction with the aim of preventing occurrence of conflicting opinions when interpreting claims in Infringement claims are suggested. Nevertheless, the authors of this article, while acknowledging the special nature of the strategic findings of the judges of the American courts, use the aforementioned principles only to face these concepts, to explain the necessity of systematizing the interpretation of claims with the aim of preventing the occurrence of conflicting opinions when interpreting claims are suggested.

Amendment of claim in application before issuance of the patent is considered accepted in most legal systems of the world. What is being challenged is allowance of the amendment of the claims in the application after the issuance of the patent. The Iranian legislature has limited the possibility of amendment before the issuance of the patent, and his silence regarding the possibility of amendment after the issuance of the patents indicates on impermissibility of them. American and British judicial proceedings insist on the permission of amendments even after the issuance of the patent. The European Patent Convention (EPC) is an important regional document that allows these amendments in terms of legal conditions despite the enumeration of the competitive risks of allowing amendments on the one hand and requirements of balance between rights of inventors and the standards of competition right and antitrust norms on the other hand. Our research is primarily library-based. The authors are trying to draw the legislator's attention to the benefits of the permission of the amendments even after issuance of the patent. And they are also trying to mention the rules governing the limitations of the amendments in the light of discussed jurisdictions

Legal protection of trademarks in first to file systems is subject to registration of trademarks. Yet, the important question is that if a person makes using from the trademark without complying the registration formalities, whether can he/she claim legal protection based on this prior use or not? It should be said that despite the fact that trademark registration creates an exclusive right, it is not possible to completely ignore the prior use of the trademark as well as the reputation achieved by trademarks used in commercial markets and rights of prior users cannot be denied simply because those marks are not registered. The present research tries to analyze the efforts of various legal systems in weighing and adjusting the need for trademark registration on the one hand and the need to protect the rights arising from the prior use and acquired rights of prior users and try to prevent consumers from being misled, and seeks to enumerate the conditions and criteria of applying the right of priority due to use based on the existing legislative and judicial sources of legal systems studied. The authors have considered the verdicts of domestic and foreign courts, the legal texts of countries and international documents.

This article has introduced the public domain, the intellectual works which are not in protection of intellectual property. In other word,  by analyzing this concept has tried to clarify its position and importance. Public domain attempts to cause balance among the rights of authors, society and third parties. Although the public domain has a long history in intellectual property law, but unfortunately little attention has been theorists and decision-makers in this very important field. While the public domain can play an important role in the free flow of information, increase public information, the achievement of a democratic society, creating an atmosphere for the development of creativity, broad access to cultural heritage, development of public health and safety. The analysis of this concept reviewed in three section. First, the literal and technical review is considered. After that, has compared the public domain with other similar concepts of public property, state property, Anfal (an islamic concept), permissible and common heritage of mankind. Eventually, next section has introduced the most important examples of public domain in different legal systems, while expressing its uncountable.

Architectural works have been protected as one of the most important fields of art in international documents (such as Article 1, paragraph 2, of the Berne Convention) and the law of different countries (such as Article 7, paragraph 2 of the Law on the Protection of Authors, Writers and Artists of Iran). In practice, it faces several serious challenges such as analyzing the concept of the building, separating the original work (plan) from the building, and analyzing the element of originality. In the present article, we have attempted to analyze the element of originality as one of the pillars of a work that can be supported in the field of architecture. The most important criteria of originality in architectural works can be called non-functional criterion, dissection criterion and absolute criterion. However, due to the lack of any of these criteria, there are also sub-criteria that can help the judge in this respect. The analysis of each of these main and sub-criteria ultimately leads us to the conclusion that there is no superior or absolute criterion.

The aim of this study was to assess the effect of emotionalmemory management intervention on negative automatic thoughtsandadolescentconflict resolution tactics with parents. The statistic society in this studyconsisted of all adolescent boys that lived in Bushehr city in 2016. The sampleinclude 34 boy adolescents that selected via available sampling from BushehrDr. Hesabi school and were randomly allocated to intervention (n=17) andcontrol (n=17) groups.  For data gathering Negative Automatic ThoughtsQuestionnaire and Conflict Resolution Tactics Scale were used. The data wereanalyzed by multivariate analysis of covariance. The results showed that,emotional memory management intervention has been increased conflict resolutiontactics arguments and has been decreased conflict resolution tactics verbalaggression with mother. Also, it has been decreased all element of   negative automatic thoughts. These findingshave important implications for predicting and improving adolescent’s emotionalproblems and decreasing family injures.

The purpose of this study was to examine the effects of a visualization-based teaching method on the 8th grade students’ attitudes towards mathematics and their problem solving performance, in particular problems related to generating figural patterns in algebra. In the first place, a theoretical framework was designed for teaching and learning with and without emphasis on the visualization, based on findings of research and fieldwork. The sample consisted of a school and two classes that were selected through random sampling method. Each of the classes contained 30 students and they were considered as the experimental and control groups. Teaching and learning with and without emphasis on visualization, have been considered as independent variables. Students’ problem solving performance and their attitudes have been considered as dependent variables. Both experimental and control groups wereexposed to independent variables for 15 weeks (two 90-minute-sessions perweek). Three hypotheses have been tested in this study. The homogeneity of students’ performance in problem solving in pretests was shown by Kolmogorov- Smirnov test. Analysis of the results showed that teaching with a focus on visualization has a significant impact on the students’ attitude towards mathematics. However, just relying on the visualization in mathematical problem solving -especially in the non-geometric patterns such as generating figural pattern - does not have significant effect on problem solving performance. On the other hand, those students who were taught with a focus on visualization, could better understand the relation among the components of the general terms of sequences.