Journal of Research and Development in Private Law
Year:2024 | Volume:1 | Issue:1|Papers Count:18

Today, artificial intelligence has become a cornerstone of modern innovation, infiltrating every sector from healthcare to the creation of literary works and inventions to finance. Artificial intelligence is a new technology that, with its creation, mankind has achieved a new manifestation of life experience and transformation of jobs and services, which, while being its creator, with its ever-increasing development, also has the fear of flooding. Today, with the rapid expansion of artificial intelligence technologies and their increasing use in various industries, intellectual property issues have also faced new challenges. The complex relationship between artificial intelligence and intellectual property has resulted in many legal and regulatory consequences that are challenging and require the transformation of the legal system of countries and the traditional perspective of lawyers and other juristics to look at this innovation and possibly a new member of human society without denial or resistance and specified its legal and duty frameworks. This article examines intellectual property crimes in the age of artificial intelligence and analyzes the legal and ethical challenges these technologies have created. The author of this article tries to provide a solution based on personality identification and independent rules of responsibility for artificial intelligence, while explaining intellectual property crimes with the presence of artificial intelligence and its legal and ethical challenges, with the analytical-adaptive method and relying on the library method. In the future, he should have thought of the necessary measures for the developments of the presence of this new citizen.

User-generated content is expanding and flourishing in cyberspace. Users often share content with others or use it in creating their creative works. User-generated content refers to any form of content, including text, images, videos, user comments on a topic, etc., that are created by users and published on online platforms. For this reason, proper legal protection of user-generated content is essential, considering that user-generated content is intellectual work resulting from previous works. Intellectual property law plays a fundamental role in protecting it. The author of this article tries to investigate and study user-generated content with a descriptive-analytical method by identifying the concept of user-generated content and its impact on the infringement of previous work, suitable protection format in the literary and artistic property law of Iran and the United States of America to support it introduced. The result of this research is that, according to paragraph 12, article 2 of the law on the protection of Authors and Justices' Rights, as well as paragraphs 6 and 7 of article 5 of the same law in Iranian law, this emerging phenomenon can be considered as a solution due to its lack of definition and recognition in the law. However, we will say that in the United States, the identification of user-generated content is clearly defined by the fair use exception in Article 107 of the Copyright Act. Intellectual.

The correct setting of an arbitration clause is one of the most important factors in the success of arbitration. However, there are cases where the arbitration clause is defectedly set or happens later. These are called pathological terms in international commercial arbitration and can have serious consequences for the parties involved. Among these consequences, we can point out the delay in resolving disputes, the increase in arbitration costs, and the possibility of them being considered invalid by the judicial courts. The questions that this research seeks to examine are what is the condition of pathological arbitration? And what factors cause pathological arbitration in international commercial arbitration? And finally, how can avoid pathological arbitration clauses in international commercial contracts? According to the results of this research, the factors that turn a correct arbitration condition into a pathological arbitration condition are not limited, but the most important of these are the incorrect determination of the arbitration organization (mistake in the headquarters (place) of the arbitration organization, incorrect reference to the name of the organization or reference to a non-existent organization, referring to an organization whose activity has been terminated), the death of the arbitrator or the arbitrator's refusal to arbitrate, the terms of dispute resolution with vague intent to arbitrate, the terms of white or incomplete arbitration, and the terms referring both parties to the court and arbitration together. The use of model clauses, authoritative guides, and the use of legal experts are the main factors in avoiding the immunity of pathological clauses. In this regard, the sample arbitration clause of the World Intellectual Property Organization has been introduced along with some other standard clauses.

In the Industrial Property Law, there are articles regarding the handling of claims and disputes in the field of industrial property. Article 73 of this law is about the issuance of an order to satisfy the demand and temporary order in these lawsuits and disputes, and Article 143 of this law is about the jurisdiction of the courts in handling these lawsuits. The same article mentions the arbitrability of these disputes, except for disputes related to the principle of validity of rights. Dealing with industrial property claims and disputes in terms of generality, such as the filing of petitions, notices, objections to judgments, and proofs are subject to the law of procedure of public courts and revolution in civil affairs; But in the above cases, according to the specific requirements of industrial property claims and to develop and facilitate the protection of the rights of industrial owners, we see changes compared to the general ones, which are examined in this article. What should be kept in mind in examining all these changes is that these changes have been determined according to the specific coordinates of industrial property as the right to intangible assets and the need to protect these rights as one of the driving forces of the economy and development and trade. Therefore, in any case, if we encounter ambiguity or brevity in the field of interpretation of the articles of this law, we must interpret them in a way that opens the way for the development of industrial property protection. Not that we cause narrowing and limitation of the legal protection of industrial property and creating obstacles in judicial protection of these rights. At the end and as a conclusion from the present article, the criticism of the regulations governing industrial property claims is stated.

In This paper, analyzes the possibility of registering generic and general terms, which in some cases resemble or correspond to the names of public or governmental organizations, as internet domain names. Through a descriptive-analytical research method and with the aim of critiquing judicial practice, the study examines the rulings issued by the initial and appellate courts of Tehran Province. The main question posed is whether generic terms like "etax" can be registered as internet domain names. By analyzing the nature of domain names and distinguishing them from similar concepts, along with a critique of the relationship between third-party material, moral, and intellectual rights, as well as an analysis of consumer rights, the study concludes that generic terms associated with public and governmental organizations fall within the public domain and are intended for public use. As such, they cannot be subjected to private ownership through domain name registration. Furthermore, given that transparency and trust are key elements of e-commerce, achieved when consumers can distinguish between products and services, domain names, as tools of e-commerce, must support this essential distinction. Therefore, the registration of generic terms that could mislead or deceive consumers must be prohibited. Protecting consumer rights requires preventing the registration of generic names similar to or related to other areas of intellectual property under the guise of domain names. As a result, it is recommended that judicial practice, in line with the findings of this study, nullify the registration of generic domain names corresponding to public or governmental terms, thereby preventing misleading registrations and supporting consumer rights.

The brand plays a very important and vital role in the economy. Companies are trying to develop and promote their brand with a lot of investments. A large part of the assets of large companies is their brand value. In the legal texts, "trademarks" are always mentioned, and there is no mention of an entity called "brand." Despite this, what is common in the commercial space and is used the most is the brand. Whether a brand is the same as a trademark or a trade name or different from them is one of the questions raised in this regard, which has been tried to be answered with a descriptive-analytical method based on library studies. In any case, to protect the brand, it is necessary to refer to trademark rights. In this article, while dealing with the concept of a brand and explaining its various aspects, the support or non-support of trademark rights from different levels of the brand was investigated, and while pointing out its shortcomings, the conclusion was reached that trademark rights do not have a correct understanding of the brand and its broad concept and dimensions, and the ultimate limit of brand protection is up to the corporate brand level. Was investigated,

In light of the ever-increasing expansion of economic interactions, the globalization of trade, and the necessity to protect the concept of ownership in international commercial law, we witness the emergence of various trademarks. A sound legal system aims to protect different types of ownership, including ownership of trademarks. Given the undeniable role of trademarks in distinguishing business competitors from one another and preventing unfair competition, the protection of trademarks in both domestic and international trade becomes essential. Undoubtedly, one of the legal aspects of trademark protection is the distinction between the concepts of famous and well-known trademarks, such that each of these famous and well-known trademarks benefits from additional privileges and protection. Iranian law has long recognized the protection of trademarks. On March 12, 1957, the National Consultative Assembly passed the law allowing Iran to join the Paris Union for the Protection of Industrial, Commercial, and Agricultural Property, which included significant provisions regarding the protection of famous trademarks. However, these provisions have not been fully implemented in judicial practice and domestic courts. Moreover, providing an accurate definition of the two concepts of famous and well-known trademarks distinguishing them from one another, and assigning special protection to each has been neglected. Considering the recent adoption of the Iranian Industrial Property Protection Act and the frequent use of this issue in the field of commerce, it seems that reflecting on the concepts and contributions of the new regulations is necessary to achieve the ultimate goal of protecting trademarks. This article, using a library research method, examines these concepts in the new act and, through a comparative analysis with other international instruments, including the Paris Convention and the TRIPS Agreement, interprets the role of defining these concepts in achieving full legal protection of trademarks in Iranian law.

Intellectual property protection has become a very important issue in international economic relations. Developed countries are increasingly treating intellectual property rights as a precondition for meaningful trade negotiations with developing countries, as exemplified by the recent trade dispute between the United States and the People's Republic of China. The recognition of the growing importance of intellectual property also led to the inclusion of this issue in negotiations during the Uruguay Round of GATT, which subsequently led to the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to commit to the protection of intellectual property among member states. The issue of intellectual property rights is not limited to governments and important regional organizations have also paid attention to this issue. The Association of Southeast Asian Nations (ASEAN) is one of these organizations. In this article, an attempt is made to investigate the issue of intellectual property rights in the ASEAN organization by using the qualitative research method with a process research approach. The question that will be answered is, what has been ASEAN's approach to the issue of intellectual property rights, and what have been the results and achievements?The findings showed that although ASEAN has pursued the protection of intellectual property in line with the liberalization of trade and investment through the free trade zone, it should be able to achieve a fair and just exchange with its business partners and investors. through efforts to promote and strengthen the protection of intellectual property and has a long way to go in the field of full realization of intellectual property rights because according to international comparative indicators, the strength, scope and efficiency of the intellectual property framework in Malaysia Indonesia, Vietnam, Thailand and the Philippines are still far below the highest global standards.

The intellectual property rights system is a system that was established to protect authors, artists, inventors, and other related activists, but today this protection system has put new stakeholders on its agenda and is being pushed towards protecting cultural and social investors. On the other hand, the elimination of geographical boundaries in the exploitation of intellectual property and the increase in the infringement of rights parallel the strengthening of the position of public interests, considering the wide need for general and specialized education, scientific research, and understanding of human suffering caused by epidemic diseases and the emergence of the issue of climate change, causing changes such as The increase of exceptions and limitations or the emergence of new rights in the system of intellectual property rights. In addition to the fact that technologies such as blockchain, artificial intelligence, biotechnology, and nanotechnology have been able to raise new issues in the field of intellectual property rights; creation by non-humans, registration of works and intellectual property information on the platform of blockchain, endless sharing of works on internet platforms and the increase of patent applications in bio/nanotechnology have caused questions such as whether artificial intelligence can be recognized as the author of literary and artistic works? Or considering the possibilities of new technologies, will the intellectual right still be preserved as a valid and unchangeable right of the identification legal system? Is it necessary to face a new interpretation of the patent criteria given climate change and environmental needs? Be exposed to the analysis of researchers. The present paper, with a descriptive-analytical method, finally concludes that the future system of intellectual property will be organized with new indicators such as the dominance of public interests, limitation of protection, transformation in the approach to moral rights, and the issue of identifying non-human authors. are parallel indicators.

One of the indicators for assessing the quality of legislation is its legality, meaning its compliance with legal principles and international conventions. Sometimes, influenced by the preferences of the political elite who draft the law, the governing legal principles are disregarded, resulting in the violation of the law's legality. This article aims to examine the quality of legislation in the field of protecting the authors of computer software in Iran in terms of compliance with the principle of automatic protection. The review of the detailed parliamentary debates over various legislative periods shows that, despite the established principle of automatic protection of literary and artistic works as the dominant legislative paradigm in this field, the legislator has deviated from applying this principle regarding the enforcement of rights over computer software. The enforcement of rights in court has been conditioned on obtaining technical approval from the Supreme Council of Informatics (currently the Information Technology Organization of Iran). This has affected the quality of the law in terms of its legality, meaning its compliance with established legal principles. The studies indicate that this shift in the legislator's approach is mainly based on the theory of preference by political elites and the desire of the Supreme Council of Informatics, as the authority in charge of computer affairs in the country, to maintain the status quo. Therefore, it is suggested that by removing this condition from the enforcement of rights over computer software, the legislator should consider the requirement of obtaining technical approval as a legal obligation without the sanction of depriving the creators of computer software of judicial enforcement of their rights.

Although the importance of protecting trade secrets among Iranian business persons has a long history, there were no specific coherent regulations for the protection of trade secrets in our legal system before the Industrial Property Protection Law approved in 2024 was. It is considered forward, however, this strength does not make us close our eyes to its shortcomings. In this article, we are trying to answer the question of how far the mentioned law can meet the legal needs of the owners and users of trade secrets. The research method for this article is a qualitative method with library tools, while describing and analyzing the law articles and according to the case of several related opinions. The hypothesis of the research is that despite the law having significant advantages, the existence of some defects and loopholes may diminish the role of this law in meeting the needs of the beneficiary groups and reducing procedure. The following article is presented in two parts: in the first part, the most important innovations and in the second part, the most important shortcomings of Law 2024 will be mentioned and analyzed. In the end, clear and specific solutions will be proposed to the groups benefiting from the results of this research.

The combination of the two origins of "registration" and "use" as the basis for the creation of trademark rights has led to the formation of different legal approaches to trademark registration in the world, in terms of legal principles and effects, among "registration as a declaration of the creation of trademark right by use" and "registered as the creator of the trademark right".The absolute or relative acceptance of each of these two views has led to the formation of four different registration systems in the world. Studies show that the "relative registration system" among them can provide the legal certainty expected from the registration system while maintaining the acquired rights of the previous user, leading to the provision of legal justice.The Iranian legal system has gone through many ups and downs in the adoption of each of these two sources since 1925 until now, and finally, in the Industrial Property Protection Act of 2024, it has tended towards the relative use system, which by reducing the role of registration compared to previous law, can lead to challenges in legal certainty as the most important function of the registration system.

In recent years, it has become common to invoke national security as a basis for non-enforcement of intellectual property and actions inconsistent with WTO rules. The United States has on several occasions used this as a basis for implementing measures that are inconsistent with WTO rules. Among these measures are the restrictions imposed on imports from the European Union and broader restrictions on steel imports from China to control China's economic rise. The last case citing the security conditions for not protecting the intellectual property rights of foreigners is the action of the Russian government after the attack on Ukraine, citing emergency conditions under Article 73 of the TRIPS Agreement. The question that is tried to be answered in this article is under what conditions WTO member countries can use Article 73 of the TRIPS agreement under the title of security exceptions as a legal basis to ignore the rights of intellectual property owners? In the WTO jurisprudence, two decisions of the World Trade Organization Dispute Settlement Body have addressed the challenges related to actions inconsistent with the rules of the World Trade Organization citing national security. This article, based on the descriptive-analytical study, concludes that according to the procedure of the Dispute Settlement Body of the World Trade Organization, the application of provisions related to security exceptions must be done in good faith, and as a result, in cases where the lack of government itself creates emergencies due to lack of good faith cannot be documented as a lack of protection of intellectual property rights.

Especially the Industrial Property Protection Law of 1403, which has good innovations regarding the conditions of judges in intellectual property claims, the concept of beneficiary in litigation, and some aspects of the procedure and proof and arbitrability of intellectual property claims. It is not possible to study and understand the jurisdiction and procedure of the special judicial Tribunal of intellectual property without examining patent claims and claims related to industrial designs and trademarks and approvals, as well as trade secret claims and fair competition. The law of 1403, in the general view, has been able to fill some legal gaps regarding the protection of industrial property by providing legal solutions and solving some needs. What can be understood from this research is that many of the innovations of this law, such as arbitrability and the creation of specialized branches, are rooted in the studies of legal doctrine, especially the thoughts of Professor S. Habiba. For example, knowing relevant judges to guarantee the independence of the judge and the rotation of the concept of the beneficiary to develop the possibility of filing a lawsuit has been in line with the doctrinal view that spoke of the intellectual property court and the generality of the interest. Many of the provisions of this law deal with patent rights. It shows the industrialization of society, the importance of related lawsuits, and the evolution of ownership. Dealing with comparative advertising and introduction of goods and services and famous brands and the issue of revocation due to the lack of use of the relatively new aspects of this law, along with the establishment of regulations on trade secrets and unfair competition.

Should video games be considered a commercial product or an expressive medium? The answer to this question has important practical implications: if we consider the video game as a commercial product, the use of someone else's identity mark in it will undoubtedly face an injunction and compensation for damages, but if we consider it an expressive medium, Under the protection of the principle of freedom of speech, the injunction and compensation for the game company is a limitation of the freedom of speech and will not be met with a positive response by the judicial system. In the upcoming article, an attempt has been made to discuss the nature of the video game with the library method and to examine the possibility of choosing one of the two mentioned natures.

The "Design Law Treaty (DLT)" is a treaty whose draft was prepared by the World Intellectual Property Organization (WIPO) and is going through the final stages of approval. The purpose of this treaty is to create coordination and homogenization of different legal systems in the field of administrative procedures and the process of registering industrial designs. In line with the drafting of the aforementioned treaty, many negotiations have been held with the participation of various legal systems and the different views expressed by them have created significant challenges in reaching a consensus regarding the finalization of the Design Law Treaty. This article aims to introduce the "Design Law Treaty" and some of its most important provisions briefly and answer the question of the point of view of different countries regarding the treaty and what their disagreements are in this regard. The present article finally concludes that developed countries support broader and stronger protection and standardization of national laws related to industrial designs. On the other hand, developing countries express concern about the accessibility, costs, and potential impact of the treaty on local innovative industries and businesses.

In today’s interconnected and knowledge-driven global political economy, it is essential to establish the right balance between the national economies of non-industrialized countries and the international political economic system, which is dominated by industrial and developed countries. Underdeveloped countries need to consider intellectual property rights to achieve growth, attract investment, promote trade, raise standards, improve productivity, facilitate industrialization, enhance competitiveness, and achieve comprehensive development. Unfortunately, in many cases, the challenges of achieving economic and social development in developing countries have been worsened by the rules and regulations established in international regimes. This is a dynamic process of power, order, and diplomacy. The main research question is “What impact do the actions of international institutions, such as the World Intellectual Property Organization (WIPO), in implementing a development-oriented approach to intellectual property rights, have on the economic performance of developing countries?” The initial response is: “The actions and initiatives of international institutions like WIPO in helping to improve the economic performance of developing countries have primarily been within the framework of a promotional and empowerment process aimed at cognitive transformation, legal adaptation, structural reconstruction, and significant changes in public culture. This is because, due to their dependency on the networked capitalist economic system, they have no alternative but to adapt, and coordinate.” The implementation of these institutional and social transformations in the political economy of developing countries, to regulate and stimulate innovation, industry, and artistic creativity, is fully justified, beneficial, and efficient. This provides a relative, general, and encouraging improvement for the growth and prosperity of these countries. However, expecting greater achievements depends on the considerations, interests, and strategic equations of powerful countries and companies. The reciprocal effects of empowering developing countries require strong economic capabilities and multi-level diplomacy involving emerging powers

Non-fungible tokens (NFTs), as a rapidly emerging phenomenon in the digital world, have significant impacts across various fields, particularly in art. These tokens are built on blockchain technology, which enables the creation and recording of transactions within a decentralized and distributed framework. NFTs allow artists to digitally present their works uniquely while ensuring ownership rights. However, despite these advantages, NFTs have also introduced important legal challenges, especially concerning intellectual property rights, that require thorough examination. This article has been compiled to analyze these challenges and provide suitable solutions in the context of Iranian law. In this regard, the concept and function of tokens have been explained first, during which an attempt is made to evaluate the challenging aspects of tokens from a legal point of view, including their nature and validity. Then their legal advantages and disadvantages are examined with an emphasis on intellectual property rights. The conducted studies show that the token is legally valid, and its use can bring many benefits. Also, using a combination of legal and technological solutions can mitigate the challenges posed by NFTs and help realize their potential benefits. Therefore, it can be said that the use of NFTs creates new horizons in digital art in the contemporary world.