Fatemeh Sadat Iravan Mohajeri
Abstract
The applicable law in intellectual property lawsuits is one of the new topics in the field of conflict of laws and has recently attracted the attention of legal scholars. actually, many of the questions in this field are still vague and controversial, and no precise answer can be found. One of the most ...
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The applicable law in intellectual property lawsuits is one of the new topics in the field of conflict of laws and has recently attracted the attention of legal scholars. actually, many of the questions in this field are still vague and controversial, and no precise answer can be found. One of the most challenging issues related to the applicable law in these lawsuits are the conflict of law rules and in particular “the Lex Loci Protectionis” which is based on the principle of territoriality as the most important feature. Moreover some new questions as to whether the territoriality principle is appropriate for transnational infringment of intellectual property rights were raised.Given the short history of this issue in international legal documents, the lack of relevant legal rules in Iranian law is no surprise .In this article, we seek to answer two main questions. in general, and in accordance with international regulations, is the Lex Loci Protectionis recognized as a general conflict of law rule for intellectual property lawsuits? If so, is such a conflict of law rule appropriate for Iran's legal system as a developing country
Fatemeh alsadat Iravan mohajeri; Morteza Nassiri; Mahmoud Sadeghi
Abstract
In the past, the protection of copyright was minimal, and the infringement of the copyright was regarded only as a tort. Conflict of law issues were resolved solely by the territorial approach to intellectual property rights and in accordance with the principle of national treatment. With the advent ...
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In the past, the protection of copyright was minimal, and the infringement of the copyright was regarded only as a tort. Conflict of law issues were resolved solely by the territorial approach to intellectual property rights and in accordance with the principle of national treatment. With the advent of the Internet, the availability and use of copyright were uncontrollably accelerated and facilitated, and the possibility of using cross-border copyright as well as the entry of the foreign element caused the complexity of these claims.The ubiquitous infringment of copy right is the result of broadcasting information on the internet and indeed in world that there is no solution for it in existing documents because of its novelty.The two fundamental issues of the governing law and the competent court in this article are aimed at responding to the efficiency or ineffectiveness of the common conflict of law system by studying the provisions of the Berne Convention as the most important document, the Brussels Convention and the ALI and the CLIP principles (as non-binding principles), and it was concluded that The traditional system of conflict of laws is not enough for this purpose and doesn’t respond the copyright lawsuits and so we requires a special conflict of law system.
