جستجوی مقالات مرتبط با کلیدواژه « حقوق مالکیت فکری » در نشریات گروه « علوم اجتماعی »

Conflict of interest is one of the issues that may arise in any field and situation. There are different types of conflict of interest, from the conflict of interest between two people to the conflict of interest between two groups and the population. The conflict of public and private interests is also a type of conflict of interests in which the interests of a person or a group of people are opposed to the collective interests of a society. Now, there is also the issue of conflict between public and private interests in intellectual property rights and its global system. The conflict of interests in intellectual property rights is obvious, but the exact meaning and effects of this conflict must be investigated and proven. The conflict of public and private interests in intellectual property rights is caused by the protection of intellectual property rights themselves, but these conflicts must be managed in a way that does not cause the public interest to be ignored, because the purpose of granting intellectual property rights is not only to protect creators and to grow. It is scientific, cultural, technological, and ultimately the qualitative improvement of the living standards of humans and societies. Now, the best way to achieve both goals, i.e. securing the interests of the creators, or private interests, and securing the interests of the communities, i.e.public interests, is managing the conflict of interests and trying to balance interests.In this research, by examining the conflict of interest in intellectual property rights and all the capacities available in these rights, an attempt has been made to state the cases of conflict of interest and then find solutions to reduce the conflict of interest and move towards a balance of interests,at least to create a balance in rights.To get the intellectual property of Iran.

Securing intellectual property rights is an incentive and stimulus for invention and innovation, in such a way that it allows firms and inventors to get the most benefit from their invention during the protection period of patent rights and encourages them to innovate. But the lack of a commercial view of patenting, along with the functional shortcomings of this system in Iran, causes the main functions of the industrial property system to face a challenge for the development of the knowledge-based economy. The focus of this article is the pathology of the challenges in the field of patent registration and litigation and providing policy requirements for the promotion of the industrial property protection system in Iran. To answer this question, based on the qualitative research plan, interview guidelines have been compiled based on the background of the research and review of reports and international research, and after conducting semi-structured interviews, data content analysis has been done. In the policy requirements presented in this article, the main policy elements to strengthen industrial property protection systems in the form of registration and evaluation, proceedings and legal systems are presented. Also, policies for the development of support systems including education and promotion, scientific publications, commercialization and contracts, international communication and treaties, as well as valuation and pricing have been designed and proposed.

In this paper, the relationship between intellectual property rights and economic growth and income distribution in Iran has been investigated using time series data during the period 1360-1396 using the ordinary least squares method. This paper examines the relationship between economic growth and the degree of economic openness, information and communication technology, government spending and the intellectual property rights index, and the results indicate a positive and significant relationship between growth and information and communication technology and a negative relationship between growth and Intellectual property rights. On the other hand, the relationship between income distribution and inflation rate, unemployment rate, economic growth and intellectual property rights index has also been examined. The results indicate a positive and statistically significant relationship between intellectual property rights and income distribution and significant relationship. Negative is the relationship between inflation, unemployment and economic growth with income distribution. To this end, the government should pave the way for equal income distribution and motivate innovators by protecting intellectual property rights and creating the conditions for enacting and overseeing laws.

Today, the conflict between the private owners of cultural heritage and governments has been revealed in various areas. One of these areas is the discrepancy between intellectual property holders and institutions that hold cultural heritage, especially museums, libraries and archives. On the one hand, the holders of the rights are those who rely on their exclusive rights to prevent the exploitation of third parties and on the other hand, governments and public institutions are limiting the realm of private property and intellectual property management in the form of cultural heritage. Unfortunately, there are no specific rules or regulations to resolve this conflict. Therefore, the present paper analyzes the domains of this conflict by analytical-descriptive method and then provides a solution to solve it and measure the priority of public and private interests. It concludes at the end that this conflict and duality are obviously in all of the various branches of the author's rights. And thus, initially resorting to negotiation and, if not possible, the preference of the public interest on individual interests can be considered as a way to escape this conflict.

Herbalism as result of human being interactions with natural environment in the use of plants for treatment of diseases is a kind of intellectual property and cultural heritage that belong to the nations. With the occurrence of industrial revolution the use of herbalism had been forgotten, but after a while and revealing chemical drugs' harms, the world has returned to the use of herbalism again. This return has caused the occurrence of numerous bio-piracy and ignoring of sovereign right of nations on natural resources. So national and international legislators seek to find solutions to protect local and indigenous communities' rights regarding to herbalism and respect for sovereign right of nations to natural resources. The subject of present article is protection of herbalism in convention on biological diversity and Nagoya protocol. We will see although ratification of these international documents is a great step towards protection of local and indigenous communities' right regarding to herbalism, but has shortcomings that decrease their effectiveness.

Cinematic works are among important works in the list of supportable works in intellectual property rights and enjoys its protection regulations. Study of the historical development and legal protection of these works indicates that there are obstacles in the way of identifying cinematic works as separate and independent works, the majority of which are as follows: Determining the subject under protection and the author of the cinematicwork. This paper aimed at conducting a comparative study on the national laws of France and the UK on one hand, and the Act for protecting the rights of Iranian authors, composers and artists (approved in 1969), on the other hand, in order to analyze and compare the historical background of these two challenges. Among the important results of this study which was already referred to is the necessity of meeting existing needs in the field of cinematic works rights by considering the experiences of other countriesand leading legal systems in the world by Iranian legislators, so that the protection of cinematic works is determined, and accordingly, authors of the works are identified.

A mere idea is neither protected by the industrial property nor by the literary and artistic property system. An idea is just protected under some conditions after being disclosed or stated as an invention or industrial design according to industrial property rights, or as an artistic or literary work if it is genuine and in conformity with literary and artistic rights. Regardless of intellectual property rights, idea is protected according to regulations like unfaircompetition law, but it is not sufficient. So to enhance the related protection especially where the role of idea in creating intellectual creation and inspiring creative power of the creator is highly influential, considering some precautions are necessary. Knowing the necessity of requirements including novelty, coherence and confidentiality for protecting and idea, the US courts supported idea owners by presenting theories (doctrines) of ownership, unjust enrichment, explicit contract, implied contract and confidential relations.

There are differences of opinion among the jurists about legality of intellectual property rights. Some jurists maintain that such rights are not legal due to the following reasons: their incompatibility with the rule of domination, lack of acknowledgement of such rights by the Law-Giver, their incompatibility with the mission and sanctity of science and lack of personal possession. Hence, they maintain that third persons can use them with any permission from the proprietors. Some other jurists maintain that such rights are legal and that one should not use them with the permission of the proprietor. They argue that the following reasons support their viewpoints: reason, rule of domination and Wilayat Faqih. The Sunni jurists also forward two reasons in support of this viewpoint.