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.
Mahdi Zahedi; zahra mahmoodi
Abstract
The relationship between TRIPS Agreement and Convention on Biological Diversity (CBD) is part of a broader relationship, that is, the correlation between Multilateral Environmental Agreements (MEAs) together with the World Trade Organization (WTO).In spite of growing attention to biodiversity and its ...
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The relationship between TRIPS Agreement and Convention on Biological Diversity (CBD) is part of a broader relationship, that is, the correlation between Multilateral Environmental Agreements (MEAs) together with the World Trade Organization (WTO).In spite of growing attention to biodiversity and its importance for human survival, there is a conflict between TRIPS Agreement and CBD. The environmental patents, such as biological and microbiological processes, micro-organisms in the framework of TRIPS, the possibility of environmental patentsand ignoring the rights of countries, which are the origin of genetic resources, are the most conflicting issues. TRIPS, without observing the objectives of the CBD, has authorized patent to inventions using genetic resources. In addition, the registration of some areas, such as biotechnology inventions, is allowed without considering the adverse effects on biodiversity. The continuity of this situation threatsthe world’s biodiversity. In addition to comparingthe controversial matters in these two documents, this article examines the current approach and presentssome solutions by focusing on TRIPS.
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.
Mostafa Bakhtiarvand; Majid Sarbazian
Abstract
Nowadays, grant-back clauses are one of the most important conditions in patent licensing agreements. These conditions have beneficial impact on competition and anti-competitive behaviour that require special attention by competition law. In America, the provisions that were previously considered illegal ...
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Nowadays, grant-back clauses are one of the most important conditions in patent licensing agreements. These conditions have beneficial impact on competition and anti-competitive behaviour that require special attention by competition law. In America, the provisions that were previously considered illegal are now assessed in accordance with rational criteria and as a part of the contracts.The illegality of these provisions may lead to the illegality of the contract. In Europe, only exclusive grant-backs are subject to an individual assessment, and not as a part of more global contract.Other conditions of the contract areexempt from general prohibition considered in Article 101 of European Treaty. In Iranian law, these provisionsare new issues which can be justified by the concept of reasonableness and the general rules of contracts. This condition does not specifically mention in General Policies of Implementation of Article 44 of the Constitution. It is forbidden if it is regarded as an unfair term oras an abusive of dominant economic conditions.
Hamid Azizi Morad Pour
Volume 1, Issue 1 , February 2013, , Pages 130-156
Abstract
Article 30of the Trips agreement is relating to the exceptions andlimitation of patent holders. Protection of the holders is thepredominant approach in the Trips agreement meanwhile the maingoal of the Intellectual property rights is to balance the private right ofholders and the interest of societies ...
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Article 30of the Trips agreement is relating to the exceptions andlimitation of patent holders. Protection of the holders is thepredominant approach in the Trips agreement meanwhile the maingoal of the Intellectual property rights is to balance the private right ofholders and the interest of societies .one of the main mechanism thatprovided in the Trips to achieve the mentioned goal is use theexceptions which provided in the Article 30but the ambiguous in thisArticle cause the different interpretation between Developed anddeveloping countries. The jurisprudence of dispute settlement body ofthe WTO could not to remove the said ambiguous regarding thedelimitation of private and public interest in the patent system anddespite the dispute settlement body decision regarding the exceptionof the IP holder the contracting state of Trips have differentinterpretation
