جستجوی مقالات مرتبط با کلیدواژه « industrial property » در نشریات گروه « فقه و حقوق »

In the history and origin of the patent system, some writers have considered the early Renaissance in Italy around the 15th century as the source of changes, but according to the historical documents of the law of Solon attributed to the Greek politician of the same name, it was the primary origin of this system; A system based on an exclusive license from the government for the interactions and economic interests of society in the industries of that time. Other types of support were created through the trade union system and royal favor, etc., centuries after that, and finally, in the 17th century, it was created similar to the current system in human society, which can be attributed to the development of the industrialized countries. know the system. In the case of trademarks, although the division of ownership has also followed the inventions, but the concept is close to the contemporary time from around the 10th century AD. In the case of geographical indications, although its use in a specific product was widespread in the 13th century, its widespread aspect was in the early 19th century. In this research, by analytical-descriptive method and by collecting materials in the library method, we have investigated the course of this development and evolution in the field of industrial property rights in the West, and we have investigated its impact in the Islamic country of Malaysia. ; In parallel with these developments, the rule of colonialism in this country led to the marginalization of the rules and foundations of Islamic jurisprudence and the unquestioning acceptance of intellectual property laws.

Patent pools are created to leverage the innovations of other market competitors, reduce production costs, increase product quality, and benefit from collective management. However, the legal and contractual aspects of patent pools are controversial. In this regard, investigating patent pools' legal and contractual status is critical to determine whether existing laws solve common anti-competitive practices or if contract structures need modification. This article specifies that the patent pools of competition and intellectual property rights have similar innovation development goals, but each is a different tool. Patent pools are not inherently anti-competitive, but they are very prone to anti-competitiveness due to the presence and agreement of market competitors. In Iran, the law's silence in determining a framework for patent pool regulations considers concluding contracts based on Article 10 of the Civil Code as a practical solution.

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.

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 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.

Sectional distinctiveness is a requirement for trademark protection. However, all legal systems in determining the distinction of a part of the way to support distinguishing marks, and also the effect of the minimum descriptiveness of the mark, in a way that does not harm the distinctiveness of the trademark, They have not adopted a common approach, so that by delving into the judicial procedure and doctrine of different countries, It is possible to separate the symptoms into weak and strong according to their degree of differentiation, and accordingly different legal protection of trademarks, depending on which of the above categories it is mentioned. The decision of the Federal Court of Switzerland in 2000 and the Benelux Court of Justice, which was later repeatedly upheld by the courts, Doctrine and Administration of Internal Market Harmonization of the European Union is included, It has not had any effect on the jurisprudence of Iran's courts, even if indirectly, And the trace of this separation is evident in the recent decisions of the appeals courts in the field of trademarks.

Exploring the mechanism of intellectual property rights to facilitate research activities and the transfer of advanced technology has created a challenge in curbing creativity and innovation, which has become a global debate. This research has examined the prospects and challenges of exploring intellectual property systems and security provisions in the law to stimulate creativity and innovation within the country and also with a view to the international arena. This research, with a library method and based on a descriptive and analytical approach, tries to examine the substantive and formal relationship between intellectual property rights and technology transfer. This study shows that the internal creativity and innovation of countries is directly related to the system and mechanism of intellectual property rights. In other words, the more effective regulations can support these rights and the production of science and innovation, the more technology can be transferred. The findings of this research show that in various laws related to intellectual property, e-commerce, cyberspace, etc., measures were taken to protect intellectual rights. However, measures such as temporary compensation orders are also considered in the laws of most countries, including Iran, as well as international conventions. Iran's laws, despite various weaknesses and gaps, are not aligned with international instruments that should support the legislation in this field with updated laws and in accordance with the progress of the day of the producers of science.

Basically, the occurrence of disputes and lawsuits in the courts is one of the inevitable issues in the current world, and patents are more faced with this problem due to its diversity and complexity. Legislators from different countries support inventors with the aim of economic development and expanding international relations. In this regard, several conventions have taken a big step towards the realization of a unified system in the field of intellectual property by enacting laws on intellectual property rights.

This research is theoretical and its research method is descriptive-analytical and the data collection method is library.

In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Patent infringement, if it occurs under a contract or in a context other than the contract, causes the violator to be held liable.

In choosing the ruling law, the principle of free will is accepted by different legal systems and if the choice of law is not fulfilled by the parties to the dispute, the law of the country requesting protection in contractual obligations as well as in non-contractual obligations can be used as an international standard. To be accepted in patent claims. Judges of domestic courts can also rule in accordance with the rules of international conventions to which Iran has acceded.

Industrial property rights play an important role in the economic growth and prosperity by encouraging innovation, and developing countries such as Iran can contribute to the growth and development of industry and trade and increase production and employment by regulating and enacting effective laws and regulations. It is clear that the mere existence of appropriate laws and regulations without their proper implementation in courts may not be useful. Intellectuals do not justify the protection of intellectual property based on Islamic rules and systems, but because of the fundamental role of protection of intellectual property rights in raising the index of scientific, social, economic and industrial development of societies, recognizing the rights of creators of intellectual property and protecting them. At the global level, both domestically and in the field of jurisprudence, it has been accepted and its area of application and concept is gradually expanding . However, based on the above, it can be argued with a little tolerance that today the protection of the rights of intellectual property creators is accepted as an indisputable principle, but Advocacy is a source of controversy among legal thinkers, and among these disputes is the debate over the necessity or non-necessity of intellectual protection and, if necessary, criminal protection .In this article, after examining the concept of industrial property and its types, we will examine the guarantee of criminal enforcement due to the violation of industrial property rights in the Iranian legal system and international conventions, the Paris Convention and the Law of Accession of the Islamic Republic of Iran to the Convention establishing the World Intellectual Property Organization. We will see what guarantee of criminal enforcement is based on the protection of industrial property.

Along with the expansion in human societies and technological advancement, new forms of disease, with high transmissibility rates, find chances to spread in societies. The attempts at controlling such diseases and protecting public health requires improving pharmaceutical industries and inventing new medicine. Nowadays, pharmaceutical inventions shape an inevitable portion of industrial productions. Accordingly, many companies tend to invest in such inventions, although the progress in pharmaceutical inventions has its obvious benefits for human communities, unconditional support and production of such inventions may put people’s health that is a fundamental human right in danger. In parallel, one of the major challenges facing legal systems is their dilemma over protecting the intellectual property rights arising from pharmaceutical inventions, or supporting the right to health in human societies. In order to resolve this conflict, it seems necessary to take a new approach to intellectual property rights that do not violate the right to health. Such a novel approach can simultaneously the rights of inventors and the right to health in societies. To do so, many governments have led attempts to adopt comprehensive legislative systems in order to protect not only pharmaceutical inventions, but also fundamental human rights. The internationally-accepted TRIPS Agreement, and diverse nationally-set agreements are the result of such attempts at resolving this conflict. However, these international and local agreements have not effectively contributed to the resolution of the given conflict yet. A more substantive approach is hence required to simultaneously protect the rights of inventors and the right to health. It is recommended that legal systems impose restrictions like exceptions on pharmaceutical products to maintain the public order of the society.

the intellectual property system of a country will be effective when it can safeguard and support the interests of intellectual property rights and to consider the public interest of the society. although the introduction of intellectual property system into the global arena and the adoption of international documents makes it possible to coordinate this system, appropriate to the interests of nations. But these documents also provide flexibility for countries to adjust their intellectual property to suit their national interests. One of the anticipated flexibilities is the possibility of exceptions to proprietary proprietary rights; the exemption allows states to exclude or restrict certain intellectual property rights in their national interests. although international documents have considered rules to make exceptions, it is different from the national and national interests of any country to address national norms in coordination with the economic and legal structure of countries Non-motivated inconsistency and securing the general interest of the general public, are two principles that, based on the Imamiyyah jurisprudence framework, can help to make exceptions.key words: Industrial Property, Inventions, Exceptions, Private Property, Public Interest

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.

All property is in danger, whether it is material or spiritual. In this context, it should be noted that apart from traditional ways to protect these assets, such as physical protection, resorting to law, etc., there is also a roughly new solution, which is the insurance industry.According to available statistics, damages to individualschr('39') intellectual property rights, such as inventions that have disappeared, or industrial designs that have been rendered ineffective for some time, have recently increased exponentially in our country and have led to irreversible losses to the economy. National has arrived. This is where the importance of industrial property insurance and its fundamental application in strengthening the resistance front and the development and growth of a resilient economy are taken. There are, of course, obstacles in this way. Information asymmetry can be considered as one of these important barriers to industrial property insurance, which indicates the difference in information that is available to the parties to the contract.
In this paper, we examine the effect of asymmetry information on industrial property insurance, which is one of the most important issues of our country in the realization of economic development.

Although the new created works in the field of folklore or inspired or based on the Traditional cultural expression mainly are related to literary and artistic works can protected in accordance the copyright system but because of the limitation of copy right system that is originality, term of protection ,recognition of the holder ,concept of ownership and the fixation clause this mechanism is not necessarily adequate for the protection of Traditional cultural expretions.so until the formation a sui generis system for protection of folklore ought use all mechanism including the industrial property system for protection of cultural expressions. In the existing industrial property law system can be used Trade mark, geographical indication, trade secret, principle of the unfair completion and etc for the protection of folklore in the national and international level.

To understand the invention as a legal concept, first its legal nature must be known, and then the rights of the inventor can be recognized. The study of patent law and the rights of inventors began in the second part of the 19th century and was developed gradually during the years with ratification of numerous international instruments. Following the ratification of various conventions in this field within the framework of international law, different conventions have been adopted and codified, protecting literary and artistic property as well as the rights of the author. Among these conventions, the multilateral Strasbourg Patent Convention (1963) is of significant importance, and has been the foundation of an evolution of vertical and horizontal perspectives at the European level.
From the vertical point of view, the governing European Law is considered as the applicable law between member countries. However, from the horizontal perspective, the comparative examination of the legislations of some important countries must be considered as examples of state legislations. That is why the French, Belgian and German legislations have been comparatively studied in this article. Another issue considered in this study, is the legal nature of the inventor’s rights which began with the Resolution N° 1 of «Congrès de Paris-1877». Our efforts to identify all legal aspects of the concept of invention, as well as the rights of the inventor, will result in a better understanding of the related diverse aspects of intellectual, literary, and industrial property.

‘Intellectual properties’ is one instance of properties، which has an important place in the present world. Through the ‘comparative law’، this article aims to undertake an investigation into the subject of ‘intellectual properties’ and in the context of the ’property law’: this is to familiarise the reader with the concept and place of ‘intellectual properties’ in the subject of ‘property law’. The article concludes that the objects of the intellectual properties are some movable and intangible things: these objects are also instances of ‘Eine moayan’ and are against the ‘Manfaat’ (interest) and ‘Hagh’ (right) in the Fiqh and Iranian Law.

Commercial secrets include all forms and kinds of commercial and economic data, and the owner of such data always tries to protect their secrecy. These data may be stolen by avaricious ones. If disclosed, commercial secrets will be no more secrets and will be no more protected by the legislator. Also, they will be of no economic value; for, their economic value depends upon their secrecy. Thus, the legislator has to consider violation of secrecy of commercial secrets as crime, and, in this way, protects such secrets. This has been done in the Federal Law of the US according to the Espionage Act (approved in 1996). In Iranian laws and regulations, however, in particular in the real world, commercial secrets are not so protected. This gap should be, through suitable criminalization, filled.

Beside the material properties that transactional and materials values have, today, there is a group of properties which are either the result of mental activities of human beings or symbolize a particular profession or specialty with a field of business and industrial application, and therefore have a material and intellectual value. This is called intellectual property and that is why supporting the proprietor of these properties is one of the important issues in the different legal systems including in Iran. The present article deals with the analysis of criminal support for a group of these proprietor, i.e. trade mark of merchandise and service. To this end, a general and brief account is offered on the definition of concepts relating to the trade mark and familiarity with national and international rules and regulations that govern it while the need for criminal support of the trade mark is examined and its legal status is explained in the criminal system of Iran. A historical study of the criminal developments and penal supports for the holder of the rights of trade mark is also provided.