Legitimacy of Intellectual Property in the Law of Iran
Pirhaji, Mehdi, Khodapanahandeh, Solmaz, Rafiei, Maryam, Asian Social Science
Intellectual property right is a new law concept which determines the manner of protection and the use of human intellectual creation. Iran joined to the international public union known as Paris Convention in 1959 for protecting the agricultural, industrial and commercial property. Though Iran has not yet joined to the Berne Convention, by approving different laws regarding to the property of authors, composers, artists, software designers and inventors, Iran protects them. In the history of Iranian law, protection of industrial property takes precedence over literary and artistic property. There is dispute among Islamic jurists and scholar about the legitimacy of moral right and that is the main reason of Iran for not joining to the Berne Convention. The main goal of this research is to obtain more knowledge about Iranian law regarding to Legitimacy of moral property in Iran Law. The main method for gathering information here is library type and the main tools are using books, magazines and internet data. The method of research is descriptive.
Keywords: Iran, law, intellectual, property, copyright, legitimacy
The language caused intimacy and affection among members of different societies and by the invention of hand writing, this communication was developed. After that, literature and art were created and each became the communicative language of modem communities. Painting, theatre, sculpturing, architecture, translation and cinema and so on, are all the branches of this robust root but all those who are the creators of such precious artistic and literary works are under the protection of law now. Beme Convention in 1886 (in Swiss) is considered as the start point of evolutions in such protections. Iran has joined the International Public Union known as Paris Convention in 1958 to protect the industrial, commercial and agricultural property, although it has not yet joined Beme Convention (Salehi, 2012).Iran has also passed and enforced the law of protecting the rights of authors, composers, artists, in 1969 (Saket, 2005).
Intellectual property for the first time was officially recognized in England in 1709 (Hamiyati Vaghef, 2011). Since more than one century ago, the international endeavors for the development of laws supervising the right of intellectual property has been done under the considerations of World. The most important convention in this regard was Paris Convention in 1883, which Iran joined it in 1959 (Colston, 2005) but Beme Convention (in Swiss) in 1884 is the most important convention regarding the intellectual property and Iran has not yet joined it.
Todays, intellectual property law has manifested as one of the main branches of law science. Different changes in man's life, specialization of legal professions, complication of economic relations, development of communications and technology are among the factors of growth and promotion of this matter. At the present time, one of the most important agreements are Trips agreements which are concerning copyright and the other related rights, trademarks, geographical indications, industrial design, and patents. This agreement takes into consideration the commercial aspects of the intellectual property right. Copyright, lexically, means duplication or the right of the author (Raeisi, 2009). In expression, it refers to the rights of the creators of literary, artistic and scientific works and can include a wide range of works such as: written, audio-visual, ideogramic works, crafts, carpet and dmgget design, and computer software. Taking a brief look at the legitimacy of intellectual property in Iran law, this study makes an effort to provide a better understanding of this right in Iran. This is an analytical study with the purpose of providing a systematic and precise explanation of the laws and properties of research subject, in this study it was attempted to give a systematic and objective analytically of the Legitimacy of moral Intellectual Property Rights in Iranian law. …