ADMINISTRATIVE LAW
Year:2017 | Volume:4 | Issue:12 |Papers Count:6

As one of the fundamental concepts of administrative law, public service has always exerted a significant impact on different spheres, especially in France. The constitution of the Islamic Republic of Iran, as the supreme legal document of the country, has pointed to some clear instances of public service in different Articles and has assigned the duty of their provision to the government indicating, in the view of some, acceptance of this concept as a philosophy of government and administrative agencies. Thus, it is particularly important to study public service and its impacts on different spheres. To this end, in this article, the concept was addressed in four spheres and through scrutiny of provisions and legal analyses, this result was obtained: Public service in organizational sphere is the criterion for detection and separation of public agencies from the other agencies as well as the public sector employees from non-public employees. In jurisdictional sphere, the government’s extensive decision-making authority at individual and public levels, and in financial sphere, concessions such as a ban on state- owned property seizure and tax exemptions is justified by resorting to public service concept. In civil liability sphere, poor or incomplete providing of public service is considered as one of the causes of government liability.

Today an Administrative Law development creates the new conceptions. In recent decades Administrative Law has sought tools to paying attention to Administrative necessities and to establish an efficient system. In the same vein, many countries have approved statute inclusive of principles of Administrative Law. Right to good administration is one of these new concepts. This article reviews this concept and it will survey that how far has been paid to in Iranian Administrative Law.

Development of communication technology have facilitated and increased the commercial exploitation of different works based on expression of folklore. Nowadays, in many shopping centers around the world, it is easy to see, buy and then reproduce the works based on the traditional knowledge and folklore. So, the commercial exploitation of the folklore in this way created some concerns for the governments and local communities and in many cases it does not have any benefit for their holders. All these concerns have moved up the need for creation of strong national legal systems for protection of folklore and giving more control to government and local communities. Therefore, the legislation bodies of different countries with devising and application of different model laws have established their legal system for protection of folklore. In this article, in light of the consideration of such models, we will study certain national laws for protection of folklore.

To understand the invention as a legal concept, first its legal nature must be known, and then the rights of the inventor can be recognized. The study of patent law and the rights of inventors began in the second part of the 19th century and was developed gradually during the years with ratification of numerous international instruments. Following the ratification of various conventions in this field within the framework of international law, different conventions have been adopted and codified, protecting literary and artistic property as well as the rights of the author. Among these conventions, the multilateral Strasbourg Patent Convention (1963) is of significant importance, and has been the foundation of an evolution of vertical and horizontal perspectives at the European level. From the vertical point of view, the governing European Law is considered as the applicable law between member countries. However, from the horizontal perspective, the comparative examination of the legislations of some important countries must be considered as examples of state legislations. That is why the French, Belgian and German legislations have been comparatively studied in this article. Another issue considered in this study, is the legal nature of the inventor’s rights which began with the Resolution N° 1 of "Congres de Paris-1877". Our efforts to identify all legal aspects of the concept of invention, as well as the rights of the inventor, will result in a better understanding of the related diverse aspects of intellectual, literary, and industrial property.

Folklore is the fruit of the efforts of various human groups that have a moral and financial value and as intellectual property of indigenous peoples are considered. On the one hand, the people of the community tend to use this asset to survive in the course of their excellence. Therefore, the protection of the assets and free utilization criteria from them is very important. Law scholars have tried to analyze the mechanism of protection and exploitation based on the intellectual property rights system. But this analysis is difficult, because the system of intellectual property rights has elements such as originality, novelty, innovation, and fixation of the work, which is difficult to achieve in the manifestations of the folklore and the use of them must also have systematic rules and regulations so that these asset are not lost. So the question is how much society will have access to it and where is the domain of owners monopoly. According to the descriptive- analytical method, this paper attempts for analyzes in the folklore in the intellectual property rights, ownership, and the scope of the exploitation. Finally, it concludes that the scope of the use of folklore requires the determination of criteria and the relevant intellectual property rights standards are effective in this regard.

One of the common principles in the legal system of procedure, whether administrative or judicial (civil or criminal) in the sphere of domestic and international law, is the principle of good faith. Through this principle, hearing becomes somhow ethical. This feature has a special place in administrative proceedings, one of which is a general government. The concept of good faith is indeterminate, complex, and twofold, and in determining good faith, there is also a multiplicity of criterion. In each of the criterion, the judge plays a pivotal role in the evaluation of good faith. The criterions for diagnosis are based on two basic psychological and behavioral standards. Good faith has three important duties, corrective and Supplementation. In legislation, as well as in the case law, can be avoided by deception, fraud, collusion and...of participants in the proceedings, compensating for the vacuum of silence, conflict and ambiguity in the laws, and added to their satisfaction. Without regard to this rule, the procedural defects will increase, and the important function of the procedure, ensuring substantive, will be to endanger.