معیارهای بهینه‌سازی مقررات محدودیت‌ها و استثنائات در نظام حقوق مالکیت ادبی و هنری

The limitations and exceptions on the copyright and related rights is one of the most challenging and interesting issues of intellectual property rights and legislated with the aim of understanding of the public interest in the legal system. These limitations and exceptions has different categories such as library use, educational use, and so on, but as their implementation, there is the need for comprehensive criteria to create a balance between the community and the owner right. In the meantime, international treaties and national systems is trying to provide the balance by the three-step test and the fair use criteria. Iran's imminent membership in the WTO and TRIPS Agreement and the subsequent accession to the Berne Convention, the holding six national conferences literary and artistic property rights and the need to achieve coherent system of intellectual property rights in accordance with the vision twenty years document and Scientific Holistic Map to optimize the standard of limitations and exceptions has become a Question. The recent paper attempts to study appropriate criteria in a descriptive-analytical way. Finally, it concludes that that the combination approach of the criterias would be appropriate.