دکترین سوء استفاده از حق در مالکیت ادبی و هنری

The abuse of right doctrine is based on the Equity Rule and the doctrine of Dirty hands. Dirty hands prohibit the owner of right from receiving unfair loss because of incorrect operation based on bad faith. For example, the owner of right who use quasi anticompetitive proceedings in Literary and artistic property domain, can be prohibited from abusing his authorities by operating this doctrine. Unlike in the invention scope, abuse of right in Literary and artistic property domain doesn't have a long age and is considered in courts from the beginnings of twentieth century. The significant point is that the abuse of right is an exclusion of Monopoly right granted to the owner in Literary and artistic property domain and is an effective defense in the claims of the owner against the adversative. The importance of considering this theory is resulted from this issue that we can help to knowledge improving and it's international Transmission by applying restriction to the owner based on section 8(2) of TRIPS Agreement. Even in Islamic Law scope which is the base origins of the Law in Iran, the complete and Comprehensive Rule of "there isn't any loss and dirar in Islam" is proposed and we can introduce the abuse of right as an operation of this Rule. In this article, whilst we want to recognize the Foundation and function of the doctrine of Abuse of right in literary and artistic property, we are going to analyze its place in Iran Literary and artistic property law system.