جستجوی مقالات مرتبط با کلیدواژه "حقوق تطبیقی" در نشریات گروه "علوم تربیتی"

“Intellectual Property Rights” is the privilege granted to the author by copyright regulations. The purpose of this privilege is to protect the creators’ relationship with their works and allow them to benefit from the outcome of their efforts both tangibly (economically) and intangibly (ethically). By the same token, the aim behind these rights is also to protect the personality, time, effort, and creativity of the creator. The status of such rights in the two legal systems “Civil Law” and “Common Law” is different and has been identified under the title “Authors’ Rights” and “Copyright”, respectively. One of the common problems in most scientific societies is the lack of distinction between the two and assuming them to be the same. While explaining the legal systems of Authors’ Rights and Copyright, this research work - by examining the theories and regulations of the countries subject to the Civil Law and Common Law legal systems - shows that although these systems have similarities in some matters, they differ from each other in essence. The intellectual approach to the Authors’ Rights emphasizes the strengthening of “Private Property” while Copyright focuses on “Public Property and Interest”. Both Authors’ Rights and Copyright systems have been developed to support creators and publishers, but in this case, the Copyright System has failed to satisfy its addressees due to certain obvious weaknesses. The Authors’ Rights System is, however, more efficient and covers various aspects of the rights of its users, and as a result, there has been a tendency in many countries with Copyright Systems to turn to the Authors’ Right System.

The first part of this article represents an attempt to contemplate one of the major methodological issues in contemporary juridical science - the debate on the nature of comparative law, which is presented in three opposite aspects: whether comparative law is a scientific method, or an autonomous science or a purely educational discipline. This article highlights the role of comparative law as an independent branch of juridical science in the processes of European integration and globalization. Do Iranian law colleges have to change their national curriculum? The second part of this article concentrates on the above question. Comparative law teaching should not only familiarize the students - and thus open up their minds - to other systems and concepts, but should also prepare them for practical application. Future lawyers should be able to meet the challenges of a world of legal integration and globalization. Having a national curriculum does not fulfil this aim. Universities in Europe are gradually shifting towards a more internationally-centred curriculum and Iranian universities may draw inspiration from this experience.