Document Type : Research Paper
Authors
1 Theology and Islamic sciences, Law, Tehran, Iran, Faculty Member.
2 Department of Law, Khorasan higher education institute, Mashhad, Iran.
Abstract
In order to support industrial creations, at the national and international levels, the industrial property rights system has been introduced as an important tool for sustainable development for developing and less developed countries. Effective protection of industrial property rights facilitates technology transfer and attracts foreign direct investment, which plays a vital role in the process of sustainable development. Since intellectual and industrial creations have become very important with the industrialization of societies, and due to the confidentiality of this category of property, their protection also requires special measures, therefore, compensating for losses is much more difficult in the case of these creations than in other material assets. However, the most important protection of industrial property rights is to establish civil liability for violators of these rights. The important question in this regard is: on what basis can the holder of industrial property rights resort to the violator of these rights and demand compensation for her damages? In this analytical and comparative study we believe that the Lazarar basis takes precedence over other bases in this regard when the holder of industrial property rights refers to the infringer of these rights; a basis that international documents also follow.
Keywords
- Industrial property rights and their infringement
- Legal Sanctions for infringement of industrial property rights
- basis of civil liability
- basis of fault
- basis of Lazarar
Main Subjects
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