جستجوی مقالات مرتبط با کلیدواژه "طرح صنعتی" در نشریات گروه "علوم انسانی"

A graphical user interface is a fundamental part of any software application as it enables users to interact with an application’s functionality, allowing interaction between computer software and hardware. The hybrid nature is a feature of GUIs. Therefore, it can qualify for all three forms of intellectual property protection: patent, copyright, and trademark. Each of these three forms has its pros and cons in terms of protecting graphical user interfaces. However, industrial design rights eventually seem to be the best system for protecting graphical user interfaces. Therefore, this study mainly focuses on the industrial design protection for the GUIs as well as the industrial design protection of GUIs in WTO member states, and in some cases, a comparison has been made with the Iranian legal system. A review of different legal systems indicates that in cases where the user interface is to be supported in more than one country, and at the international level, some points such as the scope of protection, filing routes and priority rights should be considered, and suggestions have been presented for modification of the protection system of GUIs as well as synchronization of protections. Furthermore, there are legal issues with respect to cloud computing and graphical user interfaces that need to be considered, including the protection of the intellectual property of both the user and the provider.

Creating the right legal framework for achieving scientific growth and technological development and thus enhancing the well-being of society. Modernization of the invention of the industrial design is one of the long and distinguished features of the invention of the industrial design which should be considered as a form and subject. Today, the requirement to be a newcomer is both challenging and painful when it comes to industrial property litigation and litigation in litigation and infringement litigation. In Iranian law, both in the field of law and in the field of industrial property and in the judicial process, the issue of the invention of a new invention is very challenging, as in a considerable number of cases, as soon as the holder of the patent claims against the infringer, Filing a petition against the patent holder for "revocation of the patent for being new". In this study, we seek to analyze the condition of being a new legal entity while conducting an economic analysis to find the best rules that reduce these problems and challenges, reduce transaction costs, increase and improve the number and ease of transactions, and thereby increase profitability and social benefits. Let's edit.

In IP systems based on registration, industrial designs are protected by certifications issued by the registration authority. However, the performed examination by the registration authority vary on the scope and therefore the amounts of validity presumable for certificates do not follow the same rules. Unlike patents and trademarks registration systems, which have been extensively studied in many countries, from a very limited formal review to a detailed review at the request of the applicant has been observed, and the right to pre-registration protest has not been provided in many cases. These issues can create ambiguities about the scope of rights granted to the registrant and challenge the courts. Therefore, the present article, through a descriptive analytical method, concludes that the lack of substantive examination does not mean the invalidity of certificates issued, and in general, industrial design registration certificates have an exclusive right for the registrants as long as there is no objection, although in some national systems, industrial design certificates based on the declaration regime may not give the registrant a negative right.

The present article examines the Iranian intellectual property rights system regarding handicrafts; emphasizes the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO). Handicrafts as a subject that can be supported by the intellectual property rights system has not received much attention so far. On the other hand, this type of artwork has become increasingly important both globally and commercially. The main question raised in this study is what is the approach of the Iranian intellectual property rights system and the TRIPS agreement to handicrafts? And how can it effectively support these works?
The findings of the article indicate that handicrafts are examples of visual arts and there is no uniform approach to them in the Iranian legal system and the TRIPS Agreement and other international documents. In Iranian law, it can be protected in copyright or industrial design systems, geographical indications and trademarks. The TRIPS Agreement addresses the commercial aspects of intellectual property rights in general and in particular, and refers to the Berne Convention on literary and artistic rights.

The total appearance of a website or a software, referred to as the “look and feel,” serves as one of the most significant and effective ways that a company can quickly and directly introduce itself to the consumers and public. That's why many traders try to design a distinct and unique look and feel for their website or software by spending a lot of time and money. However, unauthorized copying and use and imitation of look and feel by competitors is a serious and important risk that always threatens businesses and startups, and as a result legal protection is needed. Look and feel is among the things that is protected through the various branches of intellectual property rights. With regards to the lack of research in this field, the article attempts to answer this question that which branch of intellectual property rights can better protect and support the look and feel of websites and softwares? Ultimately this article with analytical-descriptive approach concludes that trade dress system as a kind of trademark provides more complete and worthy protection of this subject.

Although it is usually aesthetic when it comes to fashion and its concept, it is a way of looking at and thinking about certain things, subjects, and objects in a particular time and place within the concept. Fashion itself is a strong reason to place this issue in the context of intellectual property rights. Fashion-related rights (cover-beauty) are considered as one of the most important areas and areas of intellectual property rights that, with their monetization features, have an undoubted role in the flourishing of the industry. And the economies of the countries are playing. In French law, the historical record of fashion protection dates back to 1806, and the discussion of special protection for creations and clothing goods - as one of the most fashionable examples, formally introduced in the country since 1902 Has been. In addition to the adoption of a specific statute in this field after the aforementioned time-frame, pursuant to paragraph 14 of L-112-2 and Fifth Book of Intellectual Property Law (Articles L-511-1 onwards), garment-related products, seasonal industry, Designs and models, as well as cover and beauty creations, are examples of patents on industrial property rights, including patent, trademark, competition law, and industrial design. And. In Iranian law, it is possible to compare legal safeguards in this matter by comparing the rules and regulations governing industrial property and by adopting a common chapter between the rules governing industrial property law. The aforementioned claim is further reinforced when the Iranian legislator, pursuant to Article 4 of the Fashion and Clothing Regulations Act of 2006, produces designs and patterns, textiles and clothing based on Iranian-Islamic symbols, subject to the protection of authors 'and authors' rights and industrial property rights. Simultaneously, put together. Fashion in the word means new taste and new style, but in the term, it is a sudden change in taste of a group of people that results in a tendency to behave in a particular way or to consume a particular commodity or to promote a particular style of life. The term is close to words such as modernity, modernity and modernization. In medieval Europe, these words were avoided and the new and new category was described by the word "New". The new object (phenomenon) was a new one that belonged to the heavenly realm and came from God's creativity and divine creativity. In contrast, the "modern" and "fashion" phenomena belonged to the terrestrial and atrium. Fashion came from the human will for creativity and had a concept close to "innovation" in Islamic culture. But with the de-socialization of European social affairs in the Age of Enlightenment, words such as modern and modern were also sanctified and increasingly popularized.  In addition, according to what some French writers have written, fashion can be defined as an aesthetic criterion accepted by a certain segment of society. In some French-language public cultures, fashion is defined as: "Fashion is a certain style and style of life and thinking in a particular period or country or place."   As seen in this definition, in France, the definition of fashion is so broadly expressed that it encompasses even the type and way of thinking of a person at a particular time. Another important point about the above definition is that mention of words such as the particular "period", "country" and "place" brings to mind the relative and temporality of this concept. In France, the concept of fashion has been favored by the French legislature, as well as the formation of intellectual property law in that country, and in addition to legal writing, it has considered fashion as a framework for intellectual property rights protection., Are explicitly protected in the field of patronage in the field of law, seasonal and cosmetic industries including apparel, leather, cosmetics, etc. With the development of the concept of industry, fashion-related creative rights as one of the most important manifestations of intellectual property rights, have their own doctrine and doctrine, and to a considerable extent protected. It has the capacity of legal protection. Fashion-related creations, irrespective of their widespread and varied concept and application, from the aspect of industrial property rights, to French law, as outlined in the legal literature on this subject, within the context of various instances, including design supervisory rights. Models, patents, industrial designs, trade secrets, trademarks, etc. are protected and the provisions of each of the above will apply.  In Iranian law as well as in French law, as in French law, and in the interpretation of this discussion, however, there has been little talk of French industrial law, however, with its reliance on the teachings of French industrial property law and comparison. It can be found with the laws of Iran and the Islamic-Iranian criteria, as well as the application of the rules governing each case of industrial property in relation to this subject, the terms and conditions of joint protection of this branch of intellectual property rights.

Given the importance of protecting industrial property rights in prosperity, progress and development of the country, and the repeated emphasis of the supreme leader on the realization of resistance economy policies and the economic warfare of the enemy, and the intensification of the pressure and sanctions of the enemies against Iran over the years, it is important to examine the realization strategies of these policies in different areas. This article attempts to examine the role of protecting industrial property rights in realizing the resistance economy by analytical-descriptive method and in the library form and study of the relevant laws. Finally, it has come to the conclusion that the realization of resistance economy can be somehow achieved in each of the examples of industrial property rights, given the internal situation in the country. There are some shortcomings in this regard that the lack of anticipation of supporting utility model is obvious. At the same time, supporting a utility model and Iran's membership in the TRIPS Agreement, if other terms of membership of the world trade organization are provided and the sanctioning of the sanctions imposed, is proposed as a solution.

One of the most important factors that encourages consumers to purchase goods or use services, and make them choose one of them among various goods and services, is the design of products and services or their packaging. Due to this importance, intellectual property rights protect the design of goods and services or their packaging. However, this protection is not limited to one branch of intellectual property rights and it is possible that various aspects of intellectual property rights protect the design and packaging under some conditions. In this regard, the question that arises here is what are the differences between the protection in various forms of intellectual property rights and that which protection is more appropriate? And finally, is multiple protection possible?
Theoretical Framework: The present article attempts to examine the aforementioned issue in two parts. In the first part, protection of design or packaging through various aspects of intellectual property rights will be studied and compared with each other. Then, in the second part, the protection of designs and packaging through multiple legal frameworks is evaluated and scrutinized.
This study attempts to find an answer to questions above by using an analytical-descriptive approach. To this aim, this study seeks to draw a comparison between the various branches of intellectual property rights by using desk research through making use of articles, books, and conducted studies. In some cases, this study benefits from practical examples and judicial decisions in different countries. In addition, in order to investigate more about Iranian legal system, a field research was conducted and then discussed with relevant experts.
The results show that various branches of intellectual property rights for protection of design of goods and services or their packaging differ from each other in many ways, including conditions, term, and registration requisiteness. The following table can show the comparison between the different branches in summary.
Drawbacks Benefits Term Type
- Must be distinctive.
- Must be nonfunctional.
- Must be registered (in most legal systems).
- No need to originality.
- No need to novelty.
- The longest period of protection. As long as use is continued (subject to extension) Trade mark
Trade dress))
- Must be novel.
- Must be original (in some legal systems).
- Must be nonfunctional.
- Must be registered.
- The shortest period of protection.
- No need to distinction.
- Protection through this branch can help to acquire distinction and cause trade dress protection in future.
10 – 25 years
Industrial designs
- Must be original.
- Possibility of creating similar works by others. - No need to distinction.
- No need to novelty.
- No need to registration (in most legal systems).
Life of author 50 years after his death Copyright
- Not grant of exclusive rights to the owner.
- Proof of civil liability's elements in a lawsuit. - No need to the conditions of intellectual property rights (distinction, novelty, originality)
- No need to registration.
- Protection of consumers and public along with the right holder.
Unlimited Unfair competition
The results of this study show that a decisive response about the most appropriate branch of intellectual property rights in relation to protection of design of goods and services or their packaging cannot be given, because each aspects of intellectual property rights has several advantages and disadvantages and ultimately, the designer can determine which branch is more suitable to protect his design or packaging. On the other hand, it should be noted that different legal systems accept multiple protection of a design or packaging, as each legal framework is independent of other formats regarding purpose, function, and conditions.

In Iranian and French legal systems, the rules applicable to the formation of industrial designs rights assignments have not been laid down in the section dealing specifically with those designs. Hence, in French law, in order to clarify the rules governing the said contracts, besides applying the rules of general contract law, the rules set out in the literary and artistic property section are cited, through invoking the theory of unity of art. In Iranian law, despite the possibility of accepting the theory of unity of art, given the absence of specific provisions on literary and artistic rights contracts, the rules of general contract law must be applied. At the same time, in both legal systems, registration of contracts related to industrial design rights is a prerequisite of their opposability against third parties.

The amount of intangible assets has increased in all companies during the past decades. Trade marks, concession or copyright, inventions, contractual obligations, goodwill and other intellectual assets are considered as intangible assets that today are reflected in financial statements of corporations and have a very high financial value; thus because of higher importance of intellectual assets in creation of economic value added for transaction of these assets, such markets are formed as intellectual asset markets. In general, market mechanism because of creating competition and partly by eliminating monopoly, help create transparency, elimination of collusion and fair price and provide supports for mental findings of researchers and inventors.In Iran, there exists an intellectual property informal market; but organized market for sale and purchase of these assets is not formed. One of prerequisites in formation of this market is studying jurisprudence aspect of intellectual assets and contractual format of transaction for these assets. In this article, first, intellectual assets and their types are analyzed then we point to the transaction methods of these assets. On this base, the questions of this research are: what are the Juridical nature of intellectual assets? How is the contractual nature of these assets? The results of this research show that we can trade these assets on different methods such as Baiˈ,Swap, Solh, Ijarah and Musharakah.

After many years of regulatory gap in protection of industrial design, the act dated 1386/2007 did not manage to provide an exhaustive definition of industrial design. On the other hand, the registration and appraisal criteria of industrial design were too vague that the executive ordinance to trespass the territory of the regulatory power to, by adding some new laws, decrease the related legal challenges. In this article, after giving a complete definition of industrial design; by critical analysis of the above-mention act, some suggestions are provided in order to decrease the act's deficiencies, including: simultaneous adoption of both novelty and originality in registration of designs, amending the act by adding a suitable definition of originality in the act, and amending the definition of novelty.