جستجوی مقالات مرتبط با کلیدواژه "trade mark" در نشریات گروه "فقه و حقوق"

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.

Rightly identifying the competence of the judicial authority is an important step towards the reduction of the cost and increasing the speed in the process of dealing with the crime. The competence of the court in dealing with the of violation of the rights of the commercial and industrial plan patent holders is one of the issues that has challenged the judicial system on the course of attaining one’s right. Confronting legal inferences in the issue of competence and issuing different judgements in the judicial procedure affect the rights of the beneficiary in this regard. In this article, the theories presented about the competence of the authority dealing with this crime have been studied in a descriptive-analytical way as well as using the judgments issued in the judicial procedure. The difference in the competence of the prosecutor's office and the court in conducting the preliminary investigations on the one hand, and the competent place to conduct these investigations on the other hand causes the increase of ambiguities in the competence of dealing with the said crime. Finally, by weighing the strengths and weaknesses of each theory, the superior view of the necessity of the intervention of the prosecutor's office in the matter of prosecution and the competence of the Tehran prosecutor's office as a specialized authority is mentioned. Also, in order to prevent diversity of judgments, necessary suggestions are made to create a single procedure in the judicial system.

Given that today reputation of trademarks is very important for their owners and they spend a lot of cost to acquire and keep it from damage, anticipation of institutions such as passing off to prevent infringement of trademarks with goodwill to protect trademark owners is very effective. For this reason, this institution, namely, passing off has a long history in common law system. Trademarks with goodwill are protected, provided that the necessary conditions exist. This article first, clarifies the types of the trademarks which are supported by passing off mechanism, and the conditions which these marks shall contain to be supported by this mechanism. Furthermore, the article sheds some light on the Iranian legal system to see whether or not this system provides the same protection for the relevant trademarks. The article also contends that the reputable marks which are subject to the possibility of misdirection and, thus, causing damages shall be governed by the mechanism of passing off. Against this backdrop, it shall be noted that there is no such an institution in the current Iranian legal system. Hence, in the context of Iranian law, the necessity to establish a similar passing off mechanism or, otherwise, protecting those trademarks through other appropriate mechanisms, to be based upon provisions which prohibit unfair competition, seems to be an irrefutable fact.

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.

The term of certification mark does not exist in the Iranian law, but the bill of protection of industrial property has considered its protection. The role of certification mark is certifying a certain attribute in a goods or service. The attribute can be quality, material, origin or other character. This mark has different types such as compulsory/voluntary, national/regional/international and for goods/for service. Certification mark is a different concept compared to collective mark, geographical indication and ordinary trademark. The most important differences are: The role of these marks, The prohibition principle that prohibits the owner of a certification mark to use his mark and the freedom of use principle which allows qualified persons to use the mark.

Nowadays, sport is known as a great business in trade activities and has brought huge revenues for athletes; sport teams and other sport personalities whereas large part of this revenue emanates from intellectual property rights particularly different kinds of trademarks. Regarding fundamental principles and legal approaches of leading systems, this paper attempts to clarify the eminent role of license agreement on marketing of sport trademarks and analyze particular aspects of its function, subject, domain and parties obligations. Also current article considers two important issues in sport trademark license agreements: the first marketing conflict and the other conflict between individual rights of athletes and collective rights of sports clubs and associations. The results of research notify that general and vague approaches of Iranian laws and legal literature in respect of trademark license agreements and The lack of minimum standards concerning important legal aspects of sport law, haven’t required efficiency in solving special problems of such agreement in sport sphere and basic regulating of trade sport license agreement requires taking appropriate measures and solutions of other legal systems.

The different names of internet’s domain are easy obtainable shapes of internet ddresses and usually will be used to find the web sites. The Domain Name System (DNS) is an international address system and is a unique guidance to locate addresses in the virtual world. In today’s world, which tendency is to eliminate or limit traditional communication methods, responding to legal issues related to domain names, for example disputes related to registration or usage with bad faith of domain names similar or equal to other’s trademarks, is inevitable.  The main question is, what are the limits of relevant legal laws, in our existed rules and regulations for domain registration contract or transfer of it? In this regarded s of course the regulations of transnational, and following intern network, and finally the legal centre of domain name should be considered. On the top of the issues of related applicable rules, if there are needs to govern new rules then, what are the structure of those rules could be? This thesis is trying to focus on domain name subjects and answer to related questions which are due to lake of relevant laws and procedural rules are faced with ambiguities the results of this research about legal nature of the domain name approved that the domain name actually is on of the types of intellectual properties considering the following notes: - The function of domain name is purely used in cyberspace. - The main goal of users in first step is to have access to their desired information networks in order to receive political social, cultural, economical, commercial, and trade information for their different purposes. - The judgement from judicial authority could be enforced for registration of domain name or cancellation and transfer of it, subject to not exported out conflict judgment from international arbitration centres. - The owner of domain name, subject to observe rules and regulation, should be supported by laws.

Franchise is one of contracts that with attention to overflow benefit and other advantages is considered by many of developed and developing countries. This contract makes a new economical structure, because with this contract, it is necessary a series of obligations and forces on quality of products and services. Therefore protection of this economical institution and its law framework, leads to economical growth and development.Development of this contracts is sign of economical development of a country. Use of this contract is not customary in static and small economics.In fact, without of existence a suitable law structure, this economical institution can not acquire deserving place. For recognition and law analysis this contract in Iran, ought to review already this contract economically and recognize its varieties. Because ago of any tings, this contract is contract that it forms on market and deal with that.

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.