Mehdi Zahedi; Ebrahim Chavoshi Lahrood
Abstract
The legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectual ...
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The legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectual property rights and after the expiration of the protection period, as well as what economic rights have intellectual things outside the scope of intellectual property rights, is the subject of this article. To answer this question, with a descriptive-analytical method and based on library studies, the legal status of intellectual things was investigated in two periods before and after the protection and the effect of real and contractual monopoly on mentioned things and concluded that things As long as they are under the customary dominion of the creator, are considered property and belong to the creator, and after the period of protection, they are not in the public ownership of the society of a country but are considered a part of the common heritage of humanity, that is not limited to the territorial borders of countries, and no private, governmental, or public persons have the right to own and create a monopoly whether real, legal, or contractual over it.
Bagher Ansari; Hussain Zand
Abstract
Although “Data” do not in principle come under exclusive protection andare subject of data-sharing principle, certain occasional benefits maynecessarily make them to be protected on an exceptional and sui-generisbasis. “Test data” fall within the scope of such exceptional cases.Protection ...
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Although “Data” do not in principle come under exclusive protection andare subject of data-sharing principle, certain occasional benefits maynecessarily make them to be protected on an exceptional and sui-generisbasis. “Test data” fall within the scope of such exceptional cases.Protection of test data carried out by countries are based on their largescalepolicies and in proportion to their extent of development. This hascaused a remarkable diversity in forms of protection. Protection of testdata has been considered in international instruments. The mostsignificant one is the Agreement on Trade-Related Aspects of IntellectualProperty Rights (TRIPS). Article 39.3 of TRIPS, in particular, deals withprotection of test data. This article first attempts to define test data and toreview necessity for tools of test data protection based on Article 39.3 ofTRIPS. Then, it proposes a suitable form of protection for Iran as adeveloping country.
