Currently, in Iran's legal system, the will of the endower has a crucial role in determining the custodian of the endowment, and the Articles 61 and 75 of the Civil Code assert that no one has the right to change or restrict the power of the explicitly determined custodian, and even in the case of treason the custodian, respecting the will of the endower, the legislator according to the Article 79 of the Civil Code foreseen to add a trustee to the custodian. However, in the legal system of Iraq, the expedient of the endowment and its beneficiaries is preferable to the will of the endower and, in accordance with the Article 19 of the Nezam Al-Motevallin if the actions of the custodian are in contradiction with the material of the endowment a
Most theorists of IP law have attempted to justify intellectual property rights in preserving one particular value as a super value. The dominant view is that international IP law aims to maximize economic efficiency through incentivizing creation and reducing searching cost. This view regarded as a major hurdle against recent demand of developing countries to extend IP law system to Traditional Knowledge, Folklore and Genetic Resources. The protection of these matters could not be justified based upon economic considerations. In fact, it is based upon other values such as justice and fairness. The solution to overcome this hurdle is to believe in Value Pluralism at least at international level. Due to the diversity of the subject matters o
In addition to the contractual freedom that Iranian legal system regards for parties, Article 189 of Civil Law Code in Iran does not regard LNG SPA enforceable if there are some preconditions. Also, according to section 3 of Article 190 and Articles 214 to 216 and Articles 342, 348, 351 and 214 of Civil Law Code of Iran, it can be said that supply-based contracts would be legal if the quantity, material and the quality and features of the LNG are determined. On the other hand, in depletion-based contracts if LNG is considered as an fungible object, its quality, material and features have to be determined. As a rule, it can be said that the required principles of LNG like being existent, determined, and known have to be considered in pricing
Determination of ownership of the inventions derived from research works performed at universities and research institutions not only motivates the inventors, but also has been the subject of policy setting in the scope of intellectual property rights, because of various reasons including the necessity of commercializing these inventions to the maximum extent possible. In this respect, four different ownership structures have been proposed: 1) university ownership, 2) inventor ownership, 3) recognition as public property, and 4) inventor-university joint ownership.
Due to the necessity of commercialization of inventions created in universities and research institutions and at the same time providing necessary incentive for inventors, determining the ownership of theses inventions has attracted the attention of policy makers of intellectual property law. Theoretically, there are four main ownership structures: 1) University ownership model, 2) Inventor ownership model 3) Joint ownership of inventor and university model 4) No ownership and entrance to public domain. In this paper, at first, we will briefly introduce these models and their application in practice. Then in order to provide a model consistent with the criteria of distributive justice, we explain three main criteria of justice. Then we inve
In the contemporary era, technical revolution has provided new opportunities to create and save copyrighted works in digital format more easily and faster than before. Moreover, consumer preferences have shifted from using written works to digital ones. Consequently, the orphan works have become a more problematic issue.
Despite the title of intellectual property law, this legal system differs from the classic property law in several aspects, inter alia, the time of protection, the standards for protection, the scope of protection and the enforcement of intellectual property rights. These limitations and differences are largely because of the economic considerations regarding different kinds of positive efficiency-dynamic and static efficiency-which determine the structure of intellectual property law. While the grant of the exclusive right is due to the dynamic efficiency considerations to encourage the creators and innovators, the considerations of statistic efficiency and wide access of consumers to innovations, cause limitations of this legal system. As
This paper aims to design appropriate method for know-how valuation. Know-how is one of main assets in new businesses especially in high-tech industries. On the other side, development organizations implement supportive mechanisms in order to create and expand know-how and new technologies. Therefore, determining value of these assets is an important issue. In this article after defining know-how and its typology based on readiness level, a new method is introduced for know-how valuation based on methods in literature as well as benchmarking lessons. These methods have been proposed based on the development level of technologies. They conclude bench-top know how, prototype know how and commercialized know how or technology. To verify capabi
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