PROTECTION OF BUSINESS METHODS IN COMPARATIVE LAW (A STUDY ON THE APPROACH OF AMERICAN, INDIAN, JAPANESE, IMAMIA JURISPRUDENCE AND IRANIAN LEGAL SYSTEMS AND THE TRIPS AGREEMENT)

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GHABOOLI DORAFSHAN SEYYED MOHAMMAD HADI; BAKHTIARVAND MOSTAFA; AGHAMOHAMMADI AKRAM

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Journal: COMPARATIVE LAW REVIEW Year:2017 | Volume:7 | Issue:2 Page(s): 647-668

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Title

PROTECTION OF BUSINESS METHODS IN COMPARATIVE LAW (A STUDY ON THE APPROACH OF AMERICAN, INDIAN, JAPANESE, IMAMIA JURISPRUDENCE AND IRANIAN LEGAL SYSTEMS AND THE TRIPS AGREEMENT)

Author(s)

GHABOOLI DORAFSHAN SEYYED MOHAMMAD HADI | BAKHTIARVAND MOSTAFA | AGHAMOHAMMADI AKRAM | Issue Writer Certificate

Keywords

BUSINESS METHODSQ2

PATENTQ2

TRADE SECRETSQ2

UTILITY MODELSQ1

Abstract

BUSINESS METHODS are among the most important assets of companies, whose protection is different in different legal systems. Although TRADE SECRETS are the most traditional form to protect BUSINESS METHODS, the companies‘ willingness to PATENT inventions in this field has so increased that recognizing them as inventions has become a controversial issue. This paper, with descriptive analytic method, has studied the possibility of BUSINESS METHODS protection in deferent legal systems and concluded that countries such as the United States, India and Japan, have, despite their previous practice, showed much tendency towards protection of BUSINESS METHODS as inventions; the position of TRIPS in granting PATENT rights to inventions including inventive steps and industrial applicability is also favorable to BUSINESS METHODS protection. In Iran, BUSINESS METHODS are been excluded from the scope of protection. Therefore, considering the deep foundations of Imamia jurisprudence in protecting people's material and immaterial rights, it is necessary for the legislator to add an article to protect BUSINESS METHODS or remove its exclusion, at least, with regard to applicable electronic commerce methods. Finally, if BUSINESS METHODS are not protectable in the form of TRADE SECRETS or PATENTs, recourse can be made to other forms such as UTILITY MODELS.

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APA: Copy

GHABOOLI DORAFSHAN, SEYYED MOHAMMAD HADI, BAKHTIARVAND, MOSTAFA, & AGHAMOHAMMADI, AKRAM. (2017). PROTECTION OF BUSINESS METHODS IN COMPARATIVE LAW (A STUDY ON THE APPROACH OF AMERICAN, INDIAN, JAPANESE, IMAMIA JURISPRUDENCE AND IRANIAN LEGAL SYSTEMS AND THE TRIPS AGREEMENT). COMPARATIVE LAW REVIEW, 7(2 ), 647-668. SID. https://sid.ir/paper/246333/en

Vancouver: Copy

GHABOOLI DORAFSHAN SEYYED MOHAMMAD HADI, BAKHTIARVAND MOSTAFA, AGHAMOHAMMADI AKRAM. PROTECTION OF BUSINESS METHODS IN COMPARATIVE LAW (A STUDY ON THE APPROACH OF AMERICAN, INDIAN, JAPANESE, IMAMIA JURISPRUDENCE AND IRANIAN LEGAL SYSTEMS AND THE TRIPS AGREEMENT). COMPARATIVE LAW REVIEW[Internet]. 2017;7(2 ):647-668. Available from: https://sid.ir/paper/246333/en

IEEE: Copy

SEYYED MOHAMMAD HADI GHABOOLI DORAFSHAN, MOSTAFA BAKHTIARVAND, and AKRAM AGHAMOHAMMADI, “PROTECTION OF BUSINESS METHODS IN COMPARATIVE LAW (A STUDY ON THE APPROACH OF AMERICAN, INDIAN, JAPANESE, IMAMIA JURISPRUDENCE AND IRANIAN LEGAL SYSTEMS AND THE TRIPS AGREEMENT),” COMPARATIVE LAW REVIEW, vol. 7, no. 2 , pp. 647–668, 2017, [Online]. Available: https://sid.ir/paper/246333/en

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