amir eslamitabar

Today, the competitive advantages of individuals, especially commercial enterprises, have undergone a revolutionary transformation from the traditional, tangible formats, and now intangible assets stand out more than tangible assets in the assets of individuals, it is not possible to ignore these assets, and when we recognize financial issues Its value and valuation is also raised, especially since the most important feature of these properties is their intangible nature, so the process of valuing them will be a special and special process that is different from tangible properties. It is important that the legal system itself is ready to govern this process. Importantly, it is not possible unless with strict legislation and supervision of the implementation of a certain and expert executive of this special operation, China and South Korea were closely examined as the pioneers of this operation in the East of the world, and the result showed the severe gaps in the legal system of our beloved country. Our legal system does not have the process of valuation of non-state intangible property, a precise law, a comprehensive regulation, and a special expert institution. The government has sometimes concluded a memorandum of understanding and sometimes created a special institution to meet its needs, and the investigation of the research revealed the gaps in the same measures. In line with the inherent tasks of the research, we made low-cost and effective suggestions based on the research in the legal systems of the countries under review and their successful experiences It is possible that by implementing reforms in the structural system or the limits of qualifications and regulations, the preparations for creating a platform for specialized work will be provided. Then, solutions have been presented regarding the training of specialized personnel and the recruitment and training of specialized personnel in order to eliminate the gaps as much as possible and to get out of the confusion of opinions

Public policy and mandatory rules play an important role in international commercial arbitration to the extent that the non-observance and application of public policy and mandatory rules by arbitrators, as the case may be, challenge the invalidity or non-enforcement. These two legal establishments narrow the scope of the free will of individuals and prevent the arbitrability of some issues. In addition to these similarities, there are also differences between public policy and mandatory rules, such as the mechanism of impediment to arbitration; In this way, mandatory rules appear as a primary obstacle and are aggressive, while public order is a secondary obstacle and is defensive. Public policy and mandatory rules are also important because they can be used as a legal tool and basis for the invalidation of unfair terms in arbitration agreements. However, it seems that public policy rules do not work in all cases to invalidate unfair terms, and that special legal provisions should be drafted to provide an appropriate solution to the challenge of unfair terms in arbitration contracts. A similar move can be seen by the French legislature. Utilizing a two-layer government control system to provide an opportunity to renegotiate and adjust the contract is a good way to deal with and overcome the challenge of unfair terms in arbitration contracts.

Due to the special nature of their operations, joint stock companies are considered as money-based companies. The main question that the present study seeks to answer is what is the mechanism of capital increase of joint stock companies in Iranian and American law? In Iran, the capital increase of joint stock companies occurs in two ways: increasing the nominal amount of shares and issuing new shares. While in US law, due to the expansion of joint stock companies to public, private, professional and other companies, the concept of nominal value of shares is removed from US law and in states where such a concept still exists, all or part of the company's surplus account is transferred to account. Capital, legal capital increases. The laws of each state have their own rules in accordance with the requirements of that state, which today are the main laws of the American companies and the laws of New York and Delaware.

The block chain is a decentralized ledger that has the ability to handle all types of financial transactions and data storage of electronic datasets. The study, in a documentary seeks to answer the question of how the block chain implementation plays a role in protecting copyright at the international phase. The key role of this platform in protecting the security, transparency, availability of users, preventing violations of intellectual rights and more and faster support for countries that implement this platform are copyright rights. But the identification of these indicators depends on the conceptualization, the expression of the function, the means of differentiation, and the challenges faced by this context. Due to the widespread use of this platform in the world, the release and publication of a work is a publication, and all countries that include the Berne Convention are required to support this work. Of course, block chain’s implementation is faced with challenges such as security of trade, the coordination of the inside and outside of it, and the lack of rules for the harmonization of licensing contracts, virtual currency validation, metadata storage and invariance, which requires the attention of policymakers in Implementation of this ledger in the legal system.

IoT is a technology of interaction and communication between tools, whereby the embedded protocols and software on a hardware processor enable the communication of these tools with one another, the human agent and the assigned tasks. For software or protocol to be capable of being registered, it must have practical application and innovative properties relative to its species. Because of the nature and quality of the design of protocols and electronic software, the design of such cases for a smart instrument, although overlapping with similar variants, shall not be regarded as infringing the copyright of the original work. The mechanism for registering items stated in the US legal system is governed by two mechanisms: InterParts (request for registration of designated items if there are legal requirements) and Post-Grant (quality of claim processing and objections to designated items).

The term “vice – president” has been employed in some articles of the Islamic Republic of Iran Constitution, especially in the article 129. This term that legally has a special meaning, implyes independence of vice – president from president in different aspects. We can see two kinds of deputyship in the excutive: In one hand, some organizations, for example, atomic energy organization, whose heads have beem defined as vice – president, have been constituted in the government body. On the other hand, some deputyships as parliamentary one, have been established with respect to the dignity of vice-president. This article discusses some conceptions of the concerned government organs about the term vice-president and consistency or inconsistency of these ones with correct legal concept of it. Finally, this article concludes that legislators could not respect worthily the correct meaning of the term of vice – president, which has been stipulated by a number of members of the council for revision of the constitution. Thus, their conception from that term is inconsistent with the correct legal concept.