connecting factors in identifying the law on intellectual property contracts

نویسندگان

عبدالحسین شیروی

استاد گروه حقوق، دانشکدة حقوق، پردیس فارابی دانشگاه تهران، ایران محمد رضا پنداشته پور

دانشجوی دکتری حقوق خصوصی، پردیس فارابی دانشگاه تهران، ایران.

چکیده

these days globalization especially in the capital and property parts has impressed all fields of the law. moving towards private contract in overseas relations and adjusting the volume of standard contracts in relationships maybe largely elapsed the field of international private law. but the truth is that regardless of the main lines of this field of law achieving an agreement which is covering all or at least main part of differences is impossible. in addition, a contract can never predict all aspect of differences and in some cases law system with mandatory laws on the subject will dam the agreement. this issue especially in intellectual property due to some inherent features and some related conventions to these properties creates difficulties. this article seeks to speculate the connecting factors considering the characteristics of the intellectual property in the scope of related contracts.

برای دانلود باید عضویت طلایی داشته باشید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Intellectual Property: The Law and Economics Approach

T he traditional focus of economic analysis of intellectual property has been on reconciling incentives for producing such property with concerns about restricting access to it by granting exclusive rights in intellectual goods—that is, by “propertizing” them—thus enabling the owner to charge a price for access that exceeds marginal cost. For example, patentability provides an additional incent...

متن کامل

competition law policy and intellectual property law

competition is against monopoly and intellectual property creates monopoly for intellectual property owner. this article had been paid cooperation between apparently contradictory policies. exhaustion, parallel imports, compulsory license, intellectual property exploitation contract that coincide with competition are methods of cooperation between intellectual property and competition law. comp...

متن کامل

Making Sense of Intellectual Property Law

Intellectual property (IP) scholars have long struggled to explain the boundaries of and differences between copyright and patent law. This Article proposes a novel explanation: copyright and patent can be fruitfully understood as establishing a dichotomy between two different groups of human senses. Copyright traditionally involves objects addressed to the senses of sight and hearing while pro...

متن کامل

Biotechnology-Related Intellectual Property Law of Iran

In this study, an attempt has been made to expound the Iranian law of intellectual property in relation to biotechnology. The most important themes studied are patents, industrial designs and trade marks. The latest relevant piece of legislation concerning the subject matters was passed in March 2008. However, the history of laws and regulations in this field goes back to early twentieth centur...

متن کامل

Evaluating an Online Module on Copyright Law and Intellectual Property

Various forms of knowledge can be distinguished. Low-level learning focuses on recognition and remembering facts. Higher level learning of conceptual knowledge requires the development of some form of mental structural map. Further, application of knowledge requires learners to put theories and concepts into use in authentic and novel situations. This study concerns learning at a number of leve...

متن کامل

reflection on the relationship between intellectual property law and environmental law

this paper examines the relationship between environmental law and intellectual property law in light of international documents and procedures. the key question raised here is the role of intellectual property law in conservation of global environment. in this regard, we can express two general approaches: the neutral theory of intellectual property right and the systemic theory of intellectua...

متن کامل

میزبانی شده توسط پلتفرم ابری doprax.com

copyright © 2015-2023