جستجوی مقالات مرتبط با کلیدواژه « مالکيت فکري » در نشریات گروه « فقه و حقوق »

Trade secrets are one of the important issues of industrial and commercial property that play an important role in the industrial development of societies. For this reason, it needs the support of the legislator. Based on this, the purpose of this article is to examine the criminal and civil protection of trade secrets violations in Iranian criminal law.

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used..

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are observed.

The findings imply that the civil guarantee includes compensation for damages and the criminal guarantee for the violation of trade secrets includes a monetary penalty, and in cases such as forgery, it includes imprisonment. In fact, despite the fact that trade secrets are one of the most important branches of industrial property and its support is necessary in order to create a healthy competitive environment that leads to commercial development, However, the laws related to industrial property do not guarantee criminality or trade secrets, and therefore, based on other general laws in the field of intellectual property or criminal laws, such as the Islamic Penal Code or civil liability laws, the protection of trade secrets can be reviewed.

It is necessary to establish more efficient and precise laws that are not ambiguous in order to protect trademarks and trade secrets as important aspects of industrial property rights.

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.

Undoubtedly, Internet Broadcasting is one of the cost-effective and inclusive methods for content sharing. One of the characteristics of internet broadcasting is that the content is available to the audience without being saved. Since many copyright-protected works are transmitted through the internet, it has created issues with regard to the literary and artistic property rights. Among the challenging issues is the issue of protection of the internet broadcasting right, which has always been a matter of dispute between the supporters and opponents of such protection. Internet broadcasting rights protection has always been one of the topics discussed in the meetings for drafting the new treaty for the support of broadcasting organizations. The present article, considering all the mentioned issues, constitutes an attempt at answering the basic question of whether it is possible to protect internet broadcasting as is done with regard to the radio and television broadcasting. Furthermore, protecting the creator's rights against the internet broadcasting technology and considering the right of internet broadcasting for the creator are the issues that need to be studied and evaluated to clarify their current status and condition. The present study, while explaining the nature of internet broadcasting technology and comparing it with the radio and television broadcasting and considering the international documents and domestic laws of some countries, evaluates how the internet broadcasting technology is envisaged under the literary and artistic property rights system.

The space tourism and commercialization of outer space requires protection of the intellectual property rights of inventions, literary and artistic works that can be done on the deck of the International Space Station. The purpose of this study is to investigate the possibility of extending the provisions of existing intellectual property documents to space tourism.

This study by using descriptive-analytical method of research is about to answers this question, what are the legal solutions to protect the intellectual property rights of tourists according to the current space documents in the ISS.

According to the studies done, the 1998 agreement, with explicit reference to Article 2 of the Stockholm Convention is about to protect this right. Therefore, any partner that registers the site of achieving this innovative work, can protect this right as have jurisdiction due to Article 8 of the OST. This support is slightly different for the European partners.

Today, developments in artificial intelligence have affected an important part of people's rights related to their creations. Artificial intelligence tools are not only used to facilitate the search, review, management and enforcement of intellectual property rights, but also contribute to their creation. This development itself has caused legislative, executive and functional challenges in copyright, patent and important protection issues in this field. The purpose of this study is to investigate developments in the advancements of artificial intelligence and its impact on intellectual property, which is ultimately focused on the importance of the said developments in case of interference in the production and birth of the work, what is the position of the owner of the work and artificial intelligence. This research has used the analytical-descriptive method, using secondary data such as books, legal journals, research findings and legal documents in order to achieve the mentioned goal. The findings show that the global laws (national and international) - despite the different approaches and legislative attentions in some countries - have not yet recognized the developments of artificial intelligence in the form of creating an effect or participating in it in a regulated manner. As a result, the advancement of artificial intelligence technology has created complications in the intellectual property law from the point of view of the owner of the work, the protection of human-created content. Existing legal frameworks, such as copyright laws, need further adaptation and clarification to effectively include works produced by AI in the digital ag.

A database is a collection of data that are organized in a specific manner, requiring significant effort and investment to create. The intellectual property system may or may not provide support for the content of the database. However, what truly matters is the form of the database, which entails costs, effort, and sometimes even creativity. Now the question arising here is whether the arrangement and the selection of databases can be protected under intellectual property rights, particularly in Iranian Law. In certain countries, important judicial opinions have denied legal protection for databases lacking creativity, while others have recognized and supported the form which databases is selected and arrenged. In Iranian legal system, the protection for databases is only stipulated, but the method of providing this protection remains unclear. Based on various judicial and doctorinal opinions and existing regulations, a specific approach for supporting this type of database can be proposed.

Today, with the advancement of technology and the production of new industrial devices, it has provided the necessary grounds for the misuse of technology to threaten handicrafts, especially handwoven carpets. For a long time, hand-woven carpets have been known as one of the valuable products produced in Iran, which unfortunately has been attacked by the production of hand-woven machine-made carpets. Productions that, during fraudulent operations, seriously mislead customers and ordinary people in distinguishing genuine hand-woven carpets from machine-woven carpets. Geographical signs are recognized as one of the branches of intellectual property rights in the world, which have been accepted in Iran as well. By registering Qom handwoven carpet, the intellectual rights of designers, weavers and producers will be protected. In this article, the different legal dimensions of geographical indications will be discussed with an emphasis on the Qom hand-woven carpet, and a legal solution will be presented to protect this national capital

In the present century, due to the increasing technology and communication of more nations, intellectual property is very important and intellectual phenomena are considered not only as a knowledge, but also as capital. Therefore, considering their economic value and source of income, consequently, the transfer of these rights is also part of the legal issues. In the present study, while examining the legal and jurisprudential meaning of intellectual property rights and the nature and effects of these rights, the views and documents of Shiite and Sunni jurists as well as jurists have been expressed. One of the main examples of these transfers is the forced transfer of these rights, which occurs due to the death of the creator. But among the jurists, this issue has been addressed in the new issues and referendums; Examining the theories expressed, it can be seen that most jurists, both Shiites and Sunnis, have acknowledged the legitimacy of intellectual property rights and, based on the fact that these rights are among the financial rights and interests and are accepted by custom, it can be transferred to The heirs know.

Registration of trademarks is one of the most important issues in intellectual property rights. The purpose of this research is to compare the laws and regulations of trademark registration in the legal system of Iran and Canada.
This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
In the Canadian legal system, laws and regulations related to intellectual property have been set in line with the country's international obligations. Regarding trademarks, Canada has a separate document, the latest version of which came into effect in 2018. In Iran's legal system, there is no independent law for the registration of trademarks, but this is considered in the Law of Patents, Industrial Designs and Trademarks.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Utilizing the model of the new document of Canadian trademarks can be considered an effective step in improving the laws and executive mechanisms of registering and protecting trademarks in the Islamic Republic of Iran, as well as removing some of the deficiencies and ambiguities in the relevant regulations.

The right of attribution or the right of the creator's name and title on an intellectual work is one of the most famous moral rights that is accepted in the intellectual property laws of our country. Based on this right, the creator can present his intellectual work to the public with his real or pseudonymous name or without a name, and on the other hand, other people are obliged to respect the said situation and avoid any kind of seizure of the right of the creator. In addition to the fact that jurisprudence is one of the most effective branches of Islamic sciences in the Islamic society and is decisive in drawing the Islamic lifestyle, the basis of the laws in the legal system of the Islamic Republic of Iran on the holy Islamic law and the position of jurisprudence in validating legal rules, makes clear the necessity and importance of presenting this jurisprudential perspective. In the present study, by analyzing the verses of the Holy Qur'an and the traditions issued by the Imams of the Infallible Imams, peace be upon them (narrative evidence), which are library sources, an attempt has been made to explain their implications on the dimensions of this right. In total, the implications of eight categories of verses and documents and the implications of five narrations on the right of attribution have been analyzed. Verses indicating the prohibition of betrayal and the necessity of trustworthiness, verses related to justice and fairness, verses prohibiting slander and lying, and verses on the obligation to documented and substantiated speech, and a part of the letter of Amir al-Mu'minin, peace be upon him, to Malik Ashtar, the narration of the Lies that prevent the acceptance of speech, and the narration indicating The necessity of attributing speech to its speaker, Among them, there are anecdotal evidences in which many aspects of the right of attribution are legislated. Key words: right of attribution, Quran and Sunnah, moral rights of creators of intellectual works, intellectual property.

In every legal system, the principles governing them are very important. The tool for interpreting the gaps in the legal system in cases of conflict, conflict, silence and summary is to resort to basic principles and rules. The purpose of the present research is to examine the foundations of trademark protection in Imami jurisprudence.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. 

Consumers rely on trademarks to find a product that they are satisfied with or that is known for its quality and the role of the trademark is that it enables the customer to repeat his shopping experience without having to search expensively.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

it can be said that the trademark plays a vital role in determining the type of product that the consumer community chooses. Examining the theory of social planning as the main basis of intellectual property shows that the support of these signs is fully accepted in Shia jurisprudence.

The expansion of the global Internet and international trade, the joining of many companies and owners of goods and services to this global network for buying and selling goods and services has frequently increased the importance of intellectual property rights. The use of domain-name by commercial companies is one of the most important elements to make themselves, products, inventions and services identified in the development of e-commerce and conducting commercial activities through the Internet. At the present time, the franchise of the domain-name holder after its registration on the Internet addresses shows the importance of protecting the holders of rights of the domain owners and resolving disputes caused by the violation of this right. In the case of international disputes related to domain-names, the most important method is the Uniform Domain-Name Dispute-Resolution Policy, i.e. (resolving disputes by arbitration). Currently, domain registration is done solely on the basis of the preemptive right, and sometimes the problem arises from selecting the domain-name that interferes with trademarks; In fact, the selected domain-name has already been registered as a trademark of a merchant or trade company. Now the authors are trying to study and clarify the issue according to the current procedures and laws and regulations.

The basic material of any artificial intelligence is an algorithm that is given to it as a feed (input) and processes or products (output) are created or obtained from this algorithm. The main question is whether the algorithms used in artificial intelligence can be supported by copyright? A comparative study in the European Union and the United States of America shows that depending on the types and functions of the algorithms, they have originality and creativity, and the fact that they only have a technical dimension cannot negate their right to be protected under the copyright system. Iran's legislature is silent on such an issue Therefore, in this article, with an analytical-descriptive method and also using the experience of the countries of the European Union and the United States, we are trying to derive a rule based on which we can identify the algorithms that can be supported by copyright.

Intellectual property rights are ownership of the works and intellectual efforts of individuals, which, by providing some elements including originality, novelty and innovation, due to the nature of the intellectual work, bring relatively exclusive rights to the creator. Contrary to popular belief, intellectual property is not an absolute right and it can also include the public rights. While analyzing the issue of intellectual property rights in the construction industry as works of art and industry, this article has examined the legal protections in two stages before and after construction and it is based on this opinion that the use of designs and ideas implemented by other engineers does not necessarily mean an infringement of the original creator's rights and is considered as a part of the growing nature of the engineering world. Also, it is concluded that in the absence of a clear legal perspective, at the time of conflict between its material and intellectual rights, at least in the field of engineering and industry, the principle of material ownership prevails and the owner has the right to change the created engineering artifact based on his needs, but the owner of the idea can prevent the attribution of the work to himself and recover his suffered possible or absolute damages, if any. Finally, from the criminal aspect, it is found that violation of intellectual rights is no longer a crime merely related to the private rights of individuals, and it is necessary to identify it as a public crime aligns with the public interest and the social and economic developments.

The legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectual property rights and after the expiration of the protection period, as well as what economic rights have intellectual things outside the scope of intellectual property rights, is the subject of this article.  To answer this question, with a descriptive-analytical method and based on library studies, the legal status of intellectual things was investigated in two periods before and after the protection and the effect of real and contractual monopoly on mentioned things and concluded that things As long as they are under the customary dominion of the creator, are considered property and belong to the creator, and after the period of protection, they are not in the public ownership of the society of a country but are considered a part of the common heritage of humanity, that is not limited to the territorial borders of countries, and no private,  governmental, or public persons have the right to own and create a monopoly whether real, legal, or contractual over it.

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.

The protection of intellectual property rights is one of the important factors in the growth and development of science and technology in society. In this paper, an attempt is made to investigate the mechanisms of criminal protection of intellectual property rights in Iranian and Egyptian laws.

This paper is descriptive-analytical and the library method is used. Ethical considerations: In this paper, the originality of the texts, honesty, and trustworthiness have been observed.

The findings indicate that both in Iranian and Egyptian laws, intellectual property is criminally protected. However, in Iranian law, there are inadequacies in the field of legislation regarding some examples of industrial property, such as trade secrets. In order to protect intellectual property in Iranian law, penalties such as compensation, fines, flogging and imprisonment have been established for the role of intellectual property. In Egyptian law, violation of literary and artistic property rights and industrial property is accompanied by punishments such as fines and imprisonment, with the difference that imprisonment is less than fines and punishments are mainly in the form of fines.

Imprisonment for infringement of intellectual property rights not only does not compensate the creator and the owner of the work, but is contrary to removing of imprisonment. Therefore, increasing and replacing fines in criminal penalties and resorting to civil mechanisms are important issues that need the attention of the legislative in protecting intellectual property rights.

any national or international organization is the resolution of related disputes. With regard to the International Intellectual Property Organization (WIPO), the issue of how effective arbitration is in resolving disputes of this organization is also important today.
This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
In a general view, the reasons for referring to arbitration, including low cost, ease, maintaining confidentiality, specialization, speed, etc., as well as the reasons for using this institution in the field of intellectual property, are important and in this way, it can be had proper justifications for using this mechanism in resolving disputes about WIPO.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Today, many prefer to choose WIPO's arbitration rules over other costly court and lawsuit methods, and hence the rules and regulations of written proceedings in this area have been created.