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
Shokat Shayesteh; Mohammad Hbibi Majandeh
Abstract
If there is a foreign factor in intellectual property disputes, then the matter of choice-of-court and choice-of-law will be arisen. The most important question in the parties’ minds is that whether they can choose the competent court and applicable law by agreement and also prevent from the complicated ...
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If there is a foreign factor in intellectual property disputes, then the matter of choice-of-court and choice-of-law will be arisen. The most important question in the parties’ minds is that whether they can choose the competent court and applicable law by agreement and also prevent from the complicated and vague process of the forum interference. The freedom of choice is accepted as a principle in the determination of competent court and applicable law in the intellectual property disputes and there are few exceptions. According to all international documents the choice-of-court agreements will cause exclusive jurisdiction unless otherwise is specified. Those agreements shall govern all rules except those of subject-matter jurisdiction. Choice of law is valid in IP contracts but there are hesitations over the ownership and infringement of IP rights. According to the most acceptable opinion, choice of law on the ownership of intellectual property including existence, validity, duration, infringement, assignment, … is not valid because of imperative nature of regulations over those subjects. Also choice of law on infringement can be enforceable only after the commitment of infringing act.
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.
Seyed Mohammad Tabatabaee nechad
Volume 3, Issue 11 , June 2015, , Pages 101-119
Abstract
The trend of globalization causes an increase in the rapid and convenientmovement of persons, goods and products resulting in legal challenges thatinvolve foreign elements. One of the legal relations is concerned with productliability derived mainly from tort. An increase in the movement of persons andgoods ...
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The trend of globalization causes an increase in the rapid and convenientmovement of persons, goods and products resulting in legal challenges thatinvolve foreign elements. One of the legal relations is concerned with productliability derived mainly from tort. An increase in the movement of persons andgoods lead to an increase in product liability claims, and the frequent shipmentof goods to distant points makes an increase in claims against foreign suppliersinevitable. The choice of law rule applied by courts with respect to claimsarising from a tort committed abroad has remained static for about threequartersof a century. Attempts have been made to find a connecting factor thatwould better fit the circumstances giving rise to such damage claims. The aim ofthis paper is to analyze the surrounding issues and policies that govern productliability action.
Gholam nabi Fayzi chekab; ALI Darzi
Volume 2, Issue 6 , February 2015, , Pages 109-137
Abstract
In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between ...
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In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between the seller and the factor, and it is based on transfer of debt. By concluding the aforesaid contract, two groups of people are affected. The first group includes the seller and the factor, that is, as a result of the aforesaid contract, a direct contractual relationship is created between them. Their agreement is the primary element in determining their rights and obligations. The second group includes third parties who have no contractual relationship with the factor and the seller. This group consists of debtor who is directly involved in the execution of the contract and third parties other than the debtor like seller’s creditors and subsequent transferees of the same accounts receivable who not are involved directly.
