Analyzing The National & International Conflict Resolution Rules in The Determination of Applicable Copyright Law

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ESMAILI MOHSEN; Abbasi Sarmadi Mahdi

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2019 | Volume:83 | Issue:106 Page(s): 45-68

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Title

Analyzing The National & International Conflict Resolution Rules in The Determination of Applicable Copyright Law

Author(s)

ESMAILI MOHSEN | Abbasi Sarmadi Mahdi | Issue Writer Certificate

Keywords

Intellectual property lawQ2

CopyrightQ2

InternetQ1

Conflict resolution rulesQ2

Applicable lawQ1

Abstract

The Conflict resolution rules pertaining the determination of Applicable law in the field of Intellectual property law including Copyright law, are seriously challenged by the advent of Internet. This is because the usage of Internet has increased and the possibility of the infringement of creator’ s rights and misusing Copyrighted works is facilitated. The specific nature of intellectual property and the domination of the principle of territoriality as well as the diversity of these rights besides the lack of internationally accepted Conflict resolution rules specific to Intellectual property law, has led to numerous Judicial problems among the countries worldwide. Hence, in order to achieve the most effective rules of conflict resolutions in this field and particularly those regarding to problems caused by Internet, existing laws and regulations were studied using documentary method. The findings of this research indicate that the “ Closest connection rule” which is raised and supported by modern academic approaches such as the system designed by American Law Institute can be useful and effective in confronting the challenges and limitations of Intellectual property law both in theoretical and practical aspects.

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APA: Copy

ESMAILI, MOHSEN, & Abbasi Sarmadi, Mahdi. (2019). Analyzing The National & International Conflict Resolution Rules in The Determination of Applicable Copyright Law. THE JUDICIARY’S LAW JOURNAL, 83(106 ), 45-68. SID. https://sid.ir/paper/138040/en

Vancouver: Copy

ESMAILI MOHSEN, Abbasi Sarmadi Mahdi. Analyzing The National & International Conflict Resolution Rules in The Determination of Applicable Copyright Law. THE JUDICIARY’S LAW JOURNAL[Internet]. 2019;83(106 ):45-68. Available from: https://sid.ir/paper/138040/en

IEEE: Copy

MOHSEN ESMAILI, and Mahdi Abbasi Sarmadi, “Analyzing The National & International Conflict Resolution Rules in The Determination of Applicable Copyright Law,” THE JUDICIARY’S LAW JOURNAL, vol. 83, no. 106 , pp. 45–68, 2019, [Online]. Available: https://sid.ir/paper/138040/en

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