Journal of Judicial Law Views
Year:2014 | Volume:- | Issue:65|Papers Count:7

The main principle in supporting intellectual phenomenon is having originality (Esalat). An original work is supported by law. In studying the originality of intellectual phenomenon, the difference between originality of the work and its novelty and quality should be taken into consideration. This essay studies the concept of originality, types of originality and distinguishing it from other notions. Also it deals with criterion of originality in legal law of other countries and international treaties (Bern convention, Rome convention, concordat of Trips and copy write treaty of intellectual property universal organization). Unfamiliarity with the precise meaning of originality and lack of distinction between this concept and novelty and quality had caused to unjustified pronouncements by some forums. In this essay we refer to one of them which is the complain of the author of the book “Yoosef Sadiq” against writer and director of the TV series “The Prophet Josef”, accusing him to piracy in 1387.

Development of information technology and entrance to digital millennium confronted Copyright system with some serious challenges so that in some cases, protection of creators of digital works and protection of artistic and literary works in digital and cyber space and performance of this works in that space is in doubt. In order to removing this concerns and protection of copyright and related rights in digital environment, some national and international efforts have been done.In some international documents and national laws, it is attempted to exempt this intermediates from liability for some infringement of copyrights because of nature of some their special activities and foreseen some legal exemptions for them.

Public reliance on air transport industry as one of burgeoning factors of world economy is based on aviation safety. But the current challenge of aviation industry is the lax surveillance of safety standards by related governments which is basically due to illegal registration of aircraft. This article with reliance to the position of legal elements in achieving aviation safety has analyzed the problem of aircraft flag of convenience and consequently has provided some solutions for alleviating its effects in this industry.

Class action is a legal procedure of a considerable group of people to take joint actions against a single defendant. In this form of action, one or more people representing while also being a member of a class, take an action for themselves and on behalf of others, regarding a common claim among the members of the class. Although the members of the class have no active role in the jurisdiction, they are bound to its result. Nowadays, class action as a form of aggregating action enjoys a special status in the States legal system. Class action provides a group of people, who does not individually have an interest in following up their trivial claims, with the opportunity to entitle their rights. The efficiency of the judicial system will enhance through this form of taking actions and seems to be economic. The prerequisites of class action have been explained in details in rule 23 of the Federal Civil Procedure Law and Class Action Fairness Act 2005. Class actions are taken in the several fields such as Consumer Rights, Anti-trust, Employment Law, Civil Law, and Environmental law, to mention a few.

Sometimes legislator enact a statute and reference in another act to that statute; in this position, in fact, a tacit enactment take accurse. By which a law be re-enacted rather than repeat it wholly.Albeit, this way of legislation has many problems: For example if one of those laws be amended or repealed, what will be validity of another act? In addition, interpretation of those related laws will be sophisticated.Also this manner of legislating has many challenges in criminal laws; if sanction of a crime has referred to another crime, how we can to enforce that sanction.In this manner, we suppose some rules and principles to solve these problems. Subordinate amending and tacit Repealing of referenced law are so.

This article with the sociological criminal approach to the study of children and adolescents under the age of eighteen who for some reason are placed in contact with the juvenile court pays. The research method is case study.The findings suggest that the juvenile court's ruling has two rather different approaches. A bunch of judge attitudes and performance is close to the restorative approach and the other categories can be seen as supporters of the punitive approach.From the first group are generally considered alternatives to imprisonment, and other punishments are capable of deterring crime. While the second group believe that alternatives to imprisonment are just some corrective measures that haven’t any inhibition and capabilities. There are also disagrees on the powers of judge. Some judges believe the law so the needs for social commentary while others believe in a literal interpretation of the law.

The Social Security Organization, according to The List of Non-governmental Organizations and Public Institutions Act, is a non-governmental public organization. It currently supports about 33 million workers, retirees and their families. Always there is alignment among the main objectives of social security and economic objectives of the country. All the factors that effect on economic and industrial activities have an impact on resources and costs of the social security organization. All of this has led to importance of the social security issues, including relative laws, regulations and decisions, and attract the attention of many people. Among these decisions can be pointed to two recent decisions that have been issued by the Board of Administrative Justice Court regarding to appointment of the Director of the Social Security Organization. These decisions showed the importance of the public law’s issues in the community. Although usually taken journalistic analysis in conjunction with the decisions and it has been politically, but it is necessary to criticize these decisions by the perspective of public law. In this paper we have attempted to discuss these decisions simply legal perspective, with emphasis on issues of public law from both formal and substantial aspects.