Hamed Najafi; mahmoud sadeghi; morteza shahbazinia
Abstract
Vicarious liability is one of the types of responsibilities arising from other's action. In US law, unlike Iranian legal system, there is a general rule upon which whenever under the control persons, commits a copyright infringement and thereby a financial benefit get to the supervisor, the latter, shall ...
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Vicarious liability is one of the types of responsibilities arising from other's action. In US law, unlike Iranian legal system, there is a general rule upon which whenever under the control persons, commits a copyright infringement and thereby a financial benefit get to the supervisor, the latter, shall be subject to the vicarious liability. Undoubtedly, children are among the most prominent examples of persons under the control that this usually occurs by their parents. Furthermore, in Current age, it is possible that many infringements occur by children, especially in the Internet. Parents will generally be subject to the vicarious liability for copyright infringements their children. In US law, has been suggested the probability of parental responsibility for copyright by children based on the general rule of vicarious responsibility, while it seems that the nature of the relationship between parents and children and the bases of suggesting parental liability for children's fault, demands some differences in this regard. Parental responsibility for children's torts in Iranian law, unlike US law, is based on fault and care rather than control and compliance, and this is an advantage of Iranian law.
Badini Hasan; Najafi Hamed
Abstract
According to the doctrine of indirect infringement, anyone who provides the causesof infringement or facilitate its occurrence will be liable for compensation for indirectinfringement of patent rights, including contributory and inducing infringement. Civilliability arising from the indirect infringement, ...
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According to the doctrine of indirect infringement, anyone who provides the causesof infringement or facilitate its occurrence will be liable for compensation for indirectinfringement of patent rights, including contributory and inducing infringement. Civilliability arising from the indirect infringement, based on fault, is created if there is adirect infringement of the act or omission.There is no such entity in Iranian patentlaw, but by referring to some other laws, it could result in a sentence against theindirect infringer. However, if there is interest, the adoption of a specific rule issuggested in this field. Since Iran is a developing country, the authors of this paperbelieve that such an interest is not considered. The main questions posed in this articleare: What are the requirements of the indirect infringement and what is the positionof Iranian law in this respect? By conducting a comparative study under legal systemsof generally developed countries and by placing a particular emphasis on the US Lawand related case laws as the origin of this institution, this article discussesrequirements of the indirect infringement and accordingly presents the position ofIranian law and appropriate proposals.
