جستجوی مقالات مرتبط با کلیدواژه « Intellectual Property” » در نشریات گروه « فقه و حقوق »

One of the significant matters in research is the issue of copyright. In spite of the long history of intellectual property, it has not been officially debated in Islam, but Islamic jurists have started discussing and researching it. This research aims to scrutinize the juridical and legal foundations of copyright and its intellectual property. Via inspecting jurisprudential texts and using the library method, the results were attained that the copyright or authorship is the exclusive right to exploit a work of literature, art, or science for the author or the person to whom the author has assigned this right and this right is granted according to the law. Copyright is property and can be transferred to another. The transactional nature of the mentioned rights is due to work and benefit and is accepted by Islamic jurists. The difference is in the private ownership of the rights because there is no connection between transactional nature and ownership. On the other hand, based on numerous evidences such as no harm, fulfilling contracts, etc., the legality of the mentioned rights is inferred that they are mentioned as basic conditions, and as well as the contract, they are mandatory conditions in addition to the contract, and its accessories must also be adhered to.

Intellectual property rights, as one of the new examples of property in the light of the postmodernism atmosphere and the rule of fuzzy logic on the relations between legal subjects, have created many complications in the legal systems. These complications have caused challenges both in the fields of formal and substantive rights. The purpose of the current research is to identify the nature of security measures in the field of intellectual property in Iran's legal system and Imami jurisprudence. The findings of the current research, which were collected by descriptive-analytical method and library tools, show that, in proportion to the plurality and pluralism governing the examples of intellectual property, appropriate and efficient measures have not been designed and created in Iran's legal system. Provisions for protection of intellectual property rights in Iran's legal system can be divided into two main categories: the first category is general provisions that are in the form of institutions and general forms of procedure such as demand protection order and temporary order; The second category of special measures that are considered case by case in the field of trade secrets, trademarks, patents. Due to the lack of identification of new examples of intellectual property, it is necessary for the legislator to move towards designing and approving specific provisions for new examples of intellectual property by amending the existing laws.

The awarding of damages as compensation for trademark infringement has increasingly gained importance in the modernized economies of the world. The calculation and assessment of damages resulting from trademark rights violations have always posed a challenge for both judicial courts and official experts, as well as for the owners of these rights in proving the causal link between the infringing act and the incurred damage. For this reason, some countries' laws have introduced the concept of nominal or statutory damages alongside actual damages. Generally, the benefit that the infringer gains from violating trademark rights exceeds the damage suffered by the rights holder. Consequently, in England, the trademark owner has the option to choose between receiving actual damages and the infringer's profits. However, with the increase in trademark infringements and the growth of counterfeit goods, courts in the United States have recognized that awarding punitive damages may serve as a necessary deterrent to protect the interests of trademark owners.

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.

One of the most valuable concepts in today's world is to solve the concern of intellectual property in the real space and especially in the digital space. Because in order to solve the concern of intellectual property, it is necessary to offer up-to-date solutions on the platform of blockchain, so that in their form this space of intellectual property rights becomes a safe and secure area. In order to implement this, today non-fungible tokens are used to acquire the right of ownership of a real or digital asset under the title of a digital document. And blockchain, by creating NFT tokens that are created and moved on the blockchain of digital currencies, has made the artists of the world, including painters, architects, musicians, digital artists, graphic artists, animators and filmmakers, who are mainly created from works of art. They earned their own money. Or sometimes they gave away their intellectual property in order to earn money from works of art. They were always faced with the problem of copying works and the ineffectiveness of copyright laws, as well as the problem of selling fake works and mediation of works of art, to find a special solution. This research seeks to explain the solution to the concern of intellectual property in the real and digital space. Therefore, in this research, we seek to analyze the use of NFT tokens and its impact on intellectual property by taking inspiration from similar materials with a descriptive-analytical method. enactment of appropriate legislation, systematic foundation and creation of desire in governmental and non-governmental institutions to use non-proprietary tokens in further protection of intellectual 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.

Today, the competitive advantages of individuals, especially commercial enterprises, have undergone a revolutionary transformation from the traditional, tangible formats, and now intangible assets stand out more than tangible assets in the assets of individuals, it is not possible to ignore these assets, and when we recognize financial issues Its value and valuation is also raised, especially since the most important feature of these properties is their intangible nature, so the process of valuing them will be a special and special process that is different from tangible properties. It is important that the legal system itself is ready to govern this process. Importantly, it is not possible unless with strict legislation and supervision of the implementation of a certain and expert executive of this special operation, China and South Korea were closely examined as the pioneers of this operation in the East of the world, and the result showed the severe gaps in the legal system of our beloved country. Our legal system does not have the process of valuation of non-state intangible property, a precise law, a comprehensive regulation, and a special expert institution. The government has sometimes concluded a memorandum of understanding and sometimes created a special institution to meet its needs, and the investigation of the research revealed the gaps in the same measures. In line with the inherent tasks of the research, we made low-cost and effective suggestions based on the research in the legal systems of the countries under review and their successful experiences It is possible that by implementing reforms in the structural system or the limits of qualifications and regulations, the preparations for creating a platform for specialized work will be provided. Then, solutions have been presented regarding the training of specialized personnel and the recruitment and training of specialized personnel in order to eliminate the gaps as much as possible and to get out of the confusion of opinions

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.

The formation of the World Trade Organization and the fundamental agreements of this institution was an effort to develop international cooperation in the commercial field, this cooperation itself initiates a kind of convergence and comprehensive protection of intellectual property, but the above-mentioned institution, in line with a comprehensive support, agreement TRIPS and established dispute settlement body with a range of guarantees to support various areas of intellectual property, including trade secrets. Trade secrets are confidential technical knowledge and useful information in business matters that are necessary for the implementation of certain industrial activities and must be kept confidential. Therefore, these secrets need effective laws for optimal protection, however, with this introduction and from a descriptive-analytical point of view, we want to examine the role of the World Trade Organization in the development of protection of intellectual property and, in particular, trade secrets? And in the next step, to what extent are the laws of Iran, Iraq and other Islamic countries in sync with trade secrets? Certainly, the existence of provision 39 of the TRIPS agreement, the protective principles of intellectual property and the creation of a binding dispute settlement body to require the compliance of laws with TRIPS criteria and the interaction of the countries of the World Trade Organization, is a positive step in the direction of promoting intellectual property rights and trade secrets, which Important points out the necessity updating the laws in the field intellectual property and developing a special law in the field of trade secrets

There are different classifications of property. One of the important divisions is the division of property into movable and immovable property in civil law. The purpose of this article is to examine the division of movable and immovable property in the Civil Law and the effects of this division.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.Resuts: this division was created in Iranian law under the influence of French law. In determining the competent court, the acquisition of immovable property by foreign nationals, the method of confiscation of property, the cost of proceedings, the non-commerciality of immovable property transactions, and the method of wife's inheritance have different effects. In fact, in the mentioned cases, there is a difference between movable and immovable property.

In the division of movable and immovable property, intellectual property, such as what is discussed in intellectual property rights, has not been considered. In the division of movable and immovable property, intellectual property, such as what is discussed in intellectual property rights, has not been considered. Although this property is placed in the form of benefits in the traditional division of movable and immovable property, it seems that due to the growing role of this type of property, it is necessary to clearly consider it in the division of property in the civil law.

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.

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.