zahra Shakeri; Soheila Nurali
Abstract
The total appearance of a website or a software, referred to as the “look and feel,” serves as one of the most significant and effective ways that a company can quickly and directly introduce itself to the consumers and public. That's why many traders try to design a distinct and unique look ...
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The total appearance of a website or a software, referred to as the “look and feel,” serves as one of the most significant and effective ways that a company can quickly and directly introduce itself to the consumers and public. That's why many traders try to design a distinct and unique look and feel for their website or software by spending a lot of time and money. However, unauthorized copying and use and imitation of look and feel by competitors is a serious and important risk that always threatens businesses and startups, and as a result legal protection is needed. Look and feel is among the things that is protected through the various branches of intellectual property rights. With regards to the lack of research in this field, the article attempts to answer this question that which branch of intellectual property rights can better protect and support the look and feel of websites and softwares? Ultimately this article with analytical-descriptive approach concludes that trade dress system as a kind of trademark provides more complete and worthy protection of this subject.
Tayebeh Saheb; Abbas Moradi
Abstract
In some civil law countries, creators of literary works have a special moral right titled withdrawal of publication. By virtue of this right, if the creator's opinions and believes change drastically after assignment of publishing right, he has the right to prevent further publication of his work and ...
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In some civil law countries, creators of literary works have a special moral right titled withdrawal of publication. By virtue of this right, if the creator's opinions and believes change drastically after assignment of publishing right, he has the right to prevent further publication of his work and stopping the circulation of his/ her work in the market. Also, in some legal systems, this right can be exercised for economic reasons in case of non-exploitation of the work by the publisher.Since the underlying principle of this right rests on the theory of personality, advocates of the right of withdrawal consider it as a suitable tool to preserve the creator's personality. In contrast, utility-based legal systems refuse to accept it because of its huge costs on publishers. This right is not explicitly recognized in the Iranian legal system. However, given that the foundation of literary rights in our country is mainly based on the preservation of creator's personality, and the right to withdraw is essentially the extension of right to disclosure, this article defends the insertion of this right in Iranian Legal system.
Amir Eslamitabar; Mahdi Naser
Volume 8, Issue 30 , June 2020, , Pages 9-38
Abstract
< p >< p >The block chain is a decentralized ledger that has the ability to handle all types of financial transactions and data storage of electronic datasets. The study, in a documentary seeks to answer the question of how the block chain implementation plays a role in protecting copyright ...
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< p >< p >The block chain is a decentralized ledger that has the ability to handle all types of financial transactions and data storage of electronic datasets. The study, in a documentary seeks to answer the question of how the block chain implementation plays a role in protecting copyright at the international phase. The key role of this platform in protecting the security, transparency, availability of users, preventing violations of intellectual rights and more and faster support for countries that implement this platform are copyright rights. But the identification of these indicators depends on the conceptualization, the expression of the function, the means of differentiation, and the challenges faced by this context. Due to the widespread use of this platform in the world, the release and publication of a work is a publication, and all countries that include the Berne Convention are required to support this work. Of course, block chain’s implementation is faced with challenges such as security of trade, the coordination of the inside and outside of it, and the lack of rules for the harmonization of licensing contracts, virtual currency validation, metadata storage and invariance, which requires the attention of policymakers in Implementation of this ledger in the legal system.
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.
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.
Sattar Zarkalam
Abstract
Without any doubt, France is the first country to have achieved the collective management of creators and performers' literary and artistic rights. The management of artistic and literary property right is administrated within collective management civil companies (receipt and distribution companies); ...
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Without any doubt, France is the first country to have achieved the collective management of creators and performers' literary and artistic rights. The management of artistic and literary property right is administrated within collective management civil companies (receipt and distribution companies); however, these companies are inspired by some rules of business companies. The structure of collective management companies in French law has some properties compared to other civil companies. The role of right management can be described in one sentence as "the optimized right management which the authors and other literary and artistic law holders benefit from". This role is expressed through three different contractual relations; the relation between the collective management company and its members, the relation between these companies and the users, and the relation between the collective management companies together. In some cases, the transfer of French law's experiences to Iran's law can be considered useful with regard to the characteristics of the domestic law and cultural needs.
