MEDICAL LAW
Year:2011 | Volume:4 | Issue:15|Papers Count:6

Among the challenging issues of intellectual property law, discussed how to support and protect the drug because of its association with health in developing countries of particular importance and significance of the day incidence has been added. Pharmaceutical products, sometimes due to a combination of two or more chemical or combination of two or more existing drugs to create new drug is sometimes lost in tillage or crop animal genes (genetic engineering) is obtained. Emergence and growth of genetic engineering in recent decades with the accelerating process of globalization, trade, intellectual property rights worldwide and has given special importance in between, related legal aspects of intellectual property and genetic engineering with regard to its new one side and its role in the development of economic and social development of countries on the other hand is a special value. Genetic engineering has given scientists the possibility of using the human genome and plant and animal cells, such drugs produce useful products and applications in many agricultural areas, has the medical and Criminology. But what is important in producing the drug application process and how the legal protection of this process is in the form of intellectual property rights.Today, genetic engineering of a very special place in the field of human health and its related activities have been and where intellectual property rights, four-axis vanishing point rights, economics and development, politics and culture is, in many aspects of this particularly in areas subject areas studied, one of the most important legal issues has become. This paper reviews the rules of theWorld and the areas of pharmaceutical innovation comparative study are to address existing problems. Studies on the legal protection of pharmaceutical innovations shows that our country lacks a particular doctrine in the field of intellectual property rights and important issues about the study, all components in the supply intellectual property rights, especially new technologies and developments influencing their drug puts. Until we develop the intellectual property rights doctrine should not and comprehensive system of intellectual property rights and do not define our country certainly should not pass another, even legislative measures in this area cannot be resolver problems.

Termination of marriage is a unilateral legal act which according to it one of parties terminates voluntarily the marriage contract. The Iranian Civil Code in compliance with the famous opinion of Islamic jurists has granted the right to revoke marriage to man in case of diseases such as Qaran (protrusion of the womb), leprosy, vitiligo, Efza (connection of the vaginal and anal passages), disability and blindness in two eyes in woman and also the right to revoke marriage to woman in case of diseases such asJabb (castration), Khesa (eunuchoidism) and impotence in man. Today, some of these stipulated diseases are curable and therefore there is no reason for termination due to these diseases with regard to the bases and philosophy of marriage revocation. But despite all considerable advances in medical science, we every day see more dangerous and contagious diseases than the diseases stipulated in the Iranian Civil Law such as AIDS, HEPATITS B, SYPHILIS, etc. which according to medical specialists there is no certain cure for these diseases. It seems that, the most important philosophy of divine law concerning termination of marriage due to diseases is to prevent loss and hardship which according to Islamic jurisprudence rules of Lazarar and Laharaj nobody shall suffer any loss and hardship. Using these principles, it can be said that the legislator has only stated the diseases causing revocation of marriage by analogy and allows the extension of these diseases. By adopting this approach, perhaps it can be said that according to the mentioned above rules there is no difference in using the right of marriage termination between man and woman so that both of them can be given the right of marriage revocation in case of dangerous, contagious and incurable diseases.

Abortion can be studied based on two basic rights. First, mother’s right to carry a fetus to term, and second, right to life for fetus in the womb during pregnancy. Accordingly, the base of criminalizing abortion is built on one of these two rights. The authors of this writing try to study these two viewpoints through constituent elements of abortion and criterion of committing this crime. The first viewpoint considers abortion intentional discontinuity of pregnancy, hence, criminalizes abortion based on the protection of mother's life and the second viewpoint considers abortion intentional dismissal of the fetus provided that it can not keep on living, accordingly, criminalizes abortion based on the protection of fetus' life. Doubtless, this writing tries to study bases taken in criminalizing abortion from the viewpoint of principles of committing this crime and the way of considering criminal reaction against it and through a glance at the French legislator's approach and with the focus on the governing view in Islamic Penal Act 1996.

From old time the penalty of custody had been existed in human societies. According to the theory of rehabilitation prison is considered as convict’s clinic (infirmary).but now because of the defeat of this theory using prison for controlling and excommunicating dangerous convicts is more usual. Whatever function of prison is human rights of prisoners should be observed. One of the most important of them is the right related to their health and mental and physical hygiene.Giving hygienic services to convicts is more important because prison is a convenient place for contagious and infectious illnesses because of unfavorable environment like: crowd, violence, light and fresh air dearth. Malnutrition and risky works such as abusing drugs, tattoo, and unhealthy sexual relationships. A large number of convicts are addicted.there are different ideas about this issue that an addict is an ill person or a convicted one. In accordance with internal laws an addict is an offender as soon as his disuse and cures himself.If we consider the function of jail as a place for rehabilitation its accessories should be afforded. Otherwise prison has bad effects on offender’s health. Since addicts are more probable for physical and mental injuries among prisoners, they need more attention. It seems that with regard to addicts special situation prisons are not suitable places for keeping addicts. But in fact more of the addicts are in prisons and on the basis of prisons organization reports distribution and use of drugs are prevalent issues.this article is going to study mental-hygienic rights and medical education rights of prisoners with a super attention to addicts and with relying on prisons organization and security and corrective measures regulation and international documents such as RMT (. Authors are trying to suggest legal-medic methods for convicts health approving and their cure in general and specially for addicts.among this suggestion we can name: detachmentprisoners, keeping and curing prisoners stricken to mental and contagious and dangerous illnesses separately, assembling more light and fresh air, holding instructs through duties for medic cadre of prison and for prisoners, activating the aid units, psychologist and psychiatrist for mental vulnerable specially addicted to Psychoactive drugs and crystals, methadone therapy and medicine therapy and giving syringe to addicts who inject.

Hymenoplasty is surgery that physicians often with girls request who lose their virginty do. The main purpose of this act to their virgin show and husband cheating in marriage. This issue that restoration virginity from view religion and law is permissible or not and if is not authorized responsibility physician and patient how is subject that this article it has responded. About permissible or not on such practical dominant view jurists is if virginity restoration intent to deception in marriage is not permitted and the husband has the right to terminate the marriage such caused the fall of dowry is in the law of Iran an example of deception in marriage that for husband create terminate marriage. Other than deception in marriage is a crime and physician who do restoration virginity under conditions as accomplice is prosecutable and punishment.

Criminal responsibility has always been a subject of debate in the field of criminal law since committing an offence, on condition that, is regarded valid to be assigned to the committer, will lead to the establishment of criminal responsibility and specific penalty as well unless, the convict is not unruly behavior that most of these deviant treatments are based on mental disorder while, the person is not aware of its existence. the convict commits the crime due to the undeniable influence of mental disorder, without being ever of the consequences of this action the target of this research is investigating on the imposition of criminal responsibility among phsychis patients by probing the garlic punitive legislative of criminal rules and expressing the impacts of certain severe mental illnesses at the time of committing the crime.