ملاک‌ها و ضوابط ارزیابی خسارات ناشی از نقض حقوق مالکیت فکری در حقوق داخلی و برخی معاهدات و قوانین خارجی

In discussion of criteria for evaluation of damages due to copyright infringement, although the type of damage plays a role as a test to be demandable or not, the type of damage may be also automatically considered as a valuation criterion for evaluation. However, in our country's legal system, no special criterion for evaluation of damages arisen from infringement has been anticipated. This is while in the legal system of developed countries such special criteria have been anticipated. However, there is controversy on quality and quantity of determined criteria. On this base, in studied legal systems, firstly, there is not the same test and criteria for evaluation of all kinds of violated rights and secondly, most of the things considered as a test for evaluation, are also involved to determine the type of damage. Thirdly, those tests known in this area, are not well comprehensive and unconditional be able to cover all kinds of infringement with any subject and nature. Meanwhile, evaluation of such damages is not only a judicial matter, but also include the economic, financial and accountancy aspects.