جستجوی مقالات مرتبط با کلیدواژه "legal protection" در نشریات گروه "فقه و حقوق"

The discussion of supporting economic enterprises is rooted in the imposition of sanctions by the sanctioning countries. The question that needs to be discussed is what is the legal protection of economic enterprises, as a collection or organization of resources, against sanctions and confiscation of property abroad in the conditions of embargo? This study has considered the mentioned issue.  This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles. Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.  In order to curb the sanctions on economic enterprises, the government has considered the strategy of import substitution and export growth.  It is obvious that the implementation of government strategies to curb sanctions on economic enterprises will have a significant impact on the structural position of economic enterprises.

Due to the lack of legal clarity regarding children's right to privacy, especially children's informational privacy, Another is that due to weak physical strength, young age and inability to defend themselves, children are at a greater risk of having a negative experience of privacy violations, including frustration and loss of self-confidence in social life (school and peer groups), their delinquency and re-victimization and even labeling, In this research, we have sought to find this issue that despite the lack of legal clarity in this regard, if is there basically no protection of the right of children's information privacy in the laws.

The research method is descriptive and data collection was done in a library way.

By interpreting and analyzing some domestic laws and bills, including the Constitution, the Criminal Procedure Law, the Protection of Children and Adolescents Law, the Islamic Penal Code and the laws related to privacy and special police for children, we found out that this right exists implicitly and in the heart of different laws for children as well as adults and where it is explicitly protected, it is the law for the protection of children and adolescents it has considered privacy along with the guarantee of implementation and in some cases, such as the privacy protection bill, it has incompletely supported this right.

Wherever there is a need for legislation, the legislators have written laws, but some of these laws are ambiguous or incomplete, which need to be amended and completed and in addition, more support should be given to them.

It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's rights in the criminal justice system), and in previous researches, this issue has been addressed in a scattered and limited manner; And therefore, we are still facing a research gap regarding the subject under investigation; This justifies the necessity of conducting the present research. The findings of the research showed that the protections of the criminal law for women's rights can be examined in the form of the following cases: delay in the execution of punishment; Exemption from bearing dowry in crimes of pure fault (exemption of women from paying dowry in crimes of pure fault); Criminal protection for women in case of leaving alimony and criminal protection for women in the case of testifying. also; The legal gaps of women's rights in Iran's criminal justice system can be examined in the form of the following: women's rights regarding the proportionality of the age of criminal responsibility with reality (age of absolute and relative criminal responsibility; gradual criminal responsibility in jurisprudence and domestic laws); Absence of necessary legal protections regarding domestic violence against women and legal gaps in formal laws

In vegetative state, a person seeks irreparable damage to the cells of his cortex and brainstem, in a state that, despite the ability to perform involuntary activities of the body, lacks any awareness and consciousness. Due to the fact that these people are considered alive and their inability to manage their property, it is necessary to think of a plan to manage their property. Given the lack of explicitness of the law in this regard, this study seeks to answer the question of how in the Iranian legal system, the management of individual property in “vegetative state"? The exclusion of these people has no legal basis and cannot provide the necessary protection for them; however, a person in the vegetative state can be considered as an example of people who are not incapable but need legal support to manage their property. It seems that until the amendment of the law, it can be suggested that the courts, with the unity of the criterion of the verdicts of the Incapables, determine the missing or incapable of administering the property of such trustees; However, in any case, the final solution is to amend Article 104 in future amendments to the non-Litigious jurisdiction act in such a way that it includes incapacitated persons who are unable to express their will.

Working children is one of the most important social, economic and legal issues that has always been discussed. In this article, an attempt has been made to explain and analyze working children from a jurisprudential perspective and the possibility of eliminating child labor under the influence of economic components such as occupation.

This is a descriptive-analytical article using the library method to investigate the question.Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness have been observed.

The findings indicate that there is no single view on child labor in jurisprudence, but the prevailing view of jurists is that the child's work itself is not abominable, provided that it is the will of the guardian and the child is able to do it. And not harm him. It also seems unlikely that the phenomenon of child labor will be completely eliminated, but since there is a significant relationship between economic poverty and child labor, economic development can affect the reduction of child labor.

Working children due to emergencies seem inevitable. Therefore, it is necessary to develop appropriate legal mechanisms for the legal protection of child labor, because at least by using legal mechanisms to prevent the abuse of working children and reduce harm in this area, and from the point of view of jurisprudence in support of child labor and urgency Interest said.

Video games are one of the modern embodiments of entertainment that their legal protection is usually carried out through means of copyright; this course of action however, cannot be considered flawless as it includes shortcomings that emanate from the very nature of this form of protection; as a result, defining a pervasive frame of protection for these intellectual phenomena must be sought through means of industrial property protection, including patents, industrial designs and trademark. In this work, by resorting to comparative analysis of United States and Iran’s legal systems, we concluded that, as opposed to current methods, effective protection of video games needs thorough exploitation of legal capacities in both branches of intellectual property law. Moreover, reserving some technical parts of video games as trade secrets is another possibility that can be very effective, provided that the exploitation of the game is not against confidentiality of those parts.

Copyright in civil law and common law systems offers protection of literary and artistic works, the subject matters of which are mentioned in open lists of the related laws of countries. Nevertheless, there are major disagreements on the possible protection of non-explicit subject matters among judicial precedents and doctrines. Among these controversial subject matters are olfactory works, which however lacking some properties of other explicit subject matters, are the result of intellectual endeavor. Despite pros and cons for offering legal protection, yet no absolute result is reached. In the present article, by reviewing judicial precedents and doctrines, the possibility of offering copyright protection for olfactory works is studied with the result that such works may be considered as an artistic work having requirements and conditions for legal protection. As no legal literature related to the subject exists in Iranian legal system, the only method possible is legal analysis on the basis of existing laws, which leads us to the same result as mentioned.

Job Security is one of the supportive aspects of labor laws that has always been the subject of labor disputes. Legal scholars and trade unions have often advocated this as an inalienable right for workers, and economists and employers see job security as an obstacle to production and employment, and one of the factors that reduce productivity. One of the most important ways of securing a job in many legal systems is to protect workers against repeated fixed-term contracts in continuous work that can be accomplished in different ways. The present study uses descriptive and analytical method in addition to examining different approaches to job security and expressing its autonomous opinion, namely the legal-economic approach to the issue of job security and examines legal solutions to achieve the desired pattern of protection against fixed-term contracts and to regulate the turbulent state of job security in the country. Using the capacity of Note 1, Article 7 of the Labor Code, taking into account economic considerations as a short-term solution, as well as amending the Labor Code by organizing temporary labor contracts by setting time and number limits and accurate determination of the permissibility of such contracts in addition to facilitating layoffs as a long-term solution is one of the most important results of this study.

At present the environmental pollution at the earth has reached alarming border. The environmental pollution, as a technical term, means the presence of undesirable substances in the Environment. Apart from the effects of pollutions on animals and plants, they leave effects on objects and buildings including historical and cultural monuments. Given that the majority of historical and cultural monuments have been built in stone or they are stone monuments, available pollutants through making corrosion historical and cultural monuments, rubbing and deforming them cause damages. In recent decades, historical and cultural monuments have faced various pollutions from oil and chemical pollution to air pollution through dust particles and pulverizing material. So far, numerous attempts have been conducted to deal with environmental pollution at regional and international level coming to approving hundreds of conventions and protocols on international and regional level in this case. Fortunately, modern man realized the importance of historical and cultural monuments, but he has not taken an important step on to protect the common heritage of mankind. The current paper, through investigating fundamentals of the international environmental laws as well as treats associated to the available historical and cultural monuments, is to introduce suggestions on protecting such heritage at the domain of international laws.

Trademarks describe the goods or services that its owners are using sign to distinct their goods or services from competitor’s goods or services. These symptoms are so far mainly includes a range of traditional symptoms such as visual symptoms. But in the two past decades, smell trademarks also stepped into the sphere.
Smell trademarks are too strong indicator of origin. This feature in these symptoms has led to manufacturers due to the use of these distinctive signs for making their goods or services of competitors. But the lack of support from these symptoms is a way to abuse the competitors openly. Hence the legal protection from these symptoms has justified. But this is a problem with the registration of marks is facing in two scope of conditions and forms, and this is opposition emerging from this legal protection new trademarks.
At the same time to support the smell trademarks are two options; 1) counterfeiting new terms and form or 2) redefining and maching the characteristics of smell trademarks on the conditions of the traditional symptoms. Hence, in this essay to be tried smell trademarks are protectable in the legal system mainly relying on the second option.

Software protection is provided not only through droit dauteur (copyright) and patent system but also by the trade secrets system. In Iranian legal system, article 65 of electronic trade law 2003 considers the software information as trade secret. This protection needs the observation of three elements: secrecy of information, economic value and reasonable information protection. The method of application of these three elements to software has the particularities that cannot be found in other areas protected by trade secrets. Finally, the vast economic value of the same software necessitates contractual mechanisms that follow the special principles to avoid disclosure of information.

This article first reviews the concept of the education for children as well as the children with disabilities, and studies the equal opportunities for mentally disabled children to participate in the society in general and in educational institutes in particular. The article then focuses on the right of these children to have access to schools, vocational institutes and necessary technology to fulfill the needs for education. The article also stresses the importance of adaptation policies and rehabilitation programs by the states as well as the need for legal protection and guarantees.

The International Criminal Court (ICC), having the jurisdiction over the most serious crimes of concern to the international community, is established to end the impunity for the perpetrators of these crimes. ICC provisions have taken different supports for victims into account. The Rome Statute, the rules of procedure and evidence, the regulations of the court, the staff regulations &the agreement on the privileges and the immunities of the international criminal court are the documents that make clear the rights of victims in the justice process. Rights such as participation in proceedings, benefit from legal representatives’ assistance, notification of criminal justice system, and security are considered as legal protections. Victims’ rights, in ICC proceedings, will be explained& examined– in the light of ICC provisions and with regard to available judicial procedure- in this study.

Neither intervention nor the impact of the NGOs in political, social, legal and cultural fields of the developed societies can be denied. NGOs active in supporting persons with disability are not exception to this. Such NGOs may offer their support by playing an active role in the legislative process, as well judiciary proceedings. The case of Nicola Perruche- a child born with disability- is one of the most controversial cases which led to the decision of "Cour de Cassation, Assemblée Plénière" of France, as well as a French piece of legislation. "Cour de Cassation, Assemblée Plénière" considered him to be entitled to compensation. The decision has not been welcomed by the related NGOs, and, consequently, the French legislator consulted the NGOs to pass a piece of legislation offsetting decision of the "Cour de Cassation, Assemblée Plénière's" decision. Unhappy with elimination of the doctors' civil liability and transferring it to the social bodies by that law, once again NGOs lobbied for amendment of the law, the result of which was the enactment of 2005 law.  Careful examination of the case and subsequent legal events would offer valuable lessons to the Iranian judiciary bodies, the legislator, as well as the Iranian NGOs active in the field.