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Issue Info: 
  • Year: 

    2023
  • Volume: 

    87
  • Issue: 

    121
  • Pages: 

    47-67
Measures: 
  • Citations: 

    0
  • Views: 

    57
  • Downloads: 

    11
Abstract: 

As the emergence of the internet has brought a lot in all scientific and practical positive aspects, ‎with the possibility ‎of accessing intellectual property rights, it has created challenges in this ‎field. One of the common examples of ‎violation of these rights has been the phenomena of ‎cybersquatting, which the authors of this article should know by ‎examining the methods and ‎has raised the central question of legal ways to resolve the dispute caused by that. In ‎the ‎present research, first by descriptive method, the concepts of trademark, DOMAIN NAME, and ‎cybersquatting have ‎been defined. Then, with a method of analysis and comparison, the ‎process of hearing this category of claims in the ‎WIPO Mediation and Arbitration Center ‎with references to the Uniform DOMAIN NAME Dispute Resolution Policy ‎‎(icon), it has been ‎examined and compared with the existing methods in some national and regional law ‎systems.‎The findings of this research will reveal while the principle of the jurisdiction of the courts is universal, and there is ‎no doubt about the possibility of litigation in the national judiciary, still, the disadvantages of such a method, such as ‎the choice of the competent authority, the rule of law, and the execution of verdicts, have always led the parties to the ‎arbitration. In this regard, the UDRP rules contain rules for dealing with such claims that many countries have tried ‎to settle disputes arising out of the registration of a DOMAIN that is contrary to the rights of the trademark owner by ‎localizing its rules; The United Kingdom, Australia, and ASEAN members, among others, have different approaches. ‎

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    10
  • Issue: 

    22
  • Pages: 

    149-184
Measures: 
  • Citations: 

    0
  • Views: 

    1435
  • Downloads: 

    0
Abstract: 

The different NAMEs of internet's DOMAIN are easy obtainable shapes of internet addresses and usually will be used to find the web sites. The DOMAIN NAME System CDNS) is an international address system and is a unique guidance to locate addresses in the virtual world.In today's world, which tendency is to eliminate or limit traditional communication methods, responding to legal issues related to DOMAIN NAMEs, for example disputes related to registration or usage with bad faith of DOMAIN NAMEs similar or equal to other's trademarks, is inevitable.The main question is, what are the limits of relevant legal laws, in our existed rules and regulations for DOMAIN registration contract or transfer of it'? In this regarded s of course the regulations of transnational, and following intern network, and finally the legal centre of DOMAIN NAME should be considered. On the top of the issues of related applicable rules, if there are needs to govern new rules then, what are the structure of those rules could be?This thesis is trying to focus on DOMAIN NAME subjects and answer to related questions which are due to lake of relevant laws and procedural rules are faced with ambiguities the results of this research about legal nature of the DOMAIN NAME approved that the DOMAIN NAME actually is on of the types of intellectual properties considering the following notes:- The function of DOMAIN NAME is purely used in cyberspace.- The main goal of users in first step is to have access to their desired information networks in order to receive political social, cultural, economical, commercial, and trade information for their different purposes.- The judgement from judicial authority could be enforced for registration of DOMAIN NAME or cancellation and transfer of it, subject to not exported out conflict judgment from international arbitration centres.- The owner of DOMAIN NAME, subject to observe rules and regulation, should be supported by laws.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1435

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    2
  • Issue: 

    3
  • Pages: 

    129-157
Measures: 
  • Citations: 

    0
  • Views: 

    54
  • Downloads: 

    7
Abstract: 

Competition law is a critical tool for managing and regulating markets to increase efficiency, welfare and economic freedom.Since it is desirable to improve the efficiency and well-being of consumers in any market, competition rules can be applied in all markets unless a particular market is excluded from the scope of these rules for a valid reason. Since the issues related to competition law and DOMAIN NAMEs in the Iranian legal system and their various legal dimensions are unknown, this paper explores how to enforce competition rules in the DOMAIN NAMEs market. The paper analyses since providing the DOMAIN NAME is an economic activity, the companies supplying this product and related services, i.e. ICANN and all registries and registrars, are considered enterprises and subject to competition regulations. Moreover, exempting this market from the application of competition regulations has no economic justification and logic.Also, committing some anticompetitive practices by firms operating in the DOMAIN NAME market is probable and conceivable. It suggests that as the sole authority to review anticompetitive practices in Iranian law, the Competition Council, may apply one or more of the sanctions of Article 61 of the Act of the execution of the General Policies of Article 44 of the Constitution (2007) to the infringing undertakings in the DOMAIN NAME market.This article provides an overview of competition law enforcement in the DOMAIN NAME market, using an analytical-descriptive method.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

HONG XUE

Issue Info: 
  • Year: 

    2006
  • Volume: 

    9
  • Issue: 

    1
  • Pages: 

    1-24
Measures: 
  • Citations: 

    1
  • Views: 

    96
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 96

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Author(s): 

TABATABAEI NEJAD SAYYED MOHAMMAD | ERFANMANESH MOHAMMAD HOSSEIN

Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    4
  • Pages: 

    15-31
Measures: 
  • Citations: 

    0
  • Views: 

    811
  • Downloads: 

    0
Abstract: 

Background and Aim: This Article deals with the legal solutions to address dumping in electronic trade. The experiences of different countries as well as the review of the international conventions show that a new move has been emerged to counter dumping. However, electronic trade as a recent phenomenon has a particular nature. Materials and Methods: The research method in this paper is descriptive-analytical. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: This Article examines and analyzes the legal framework in the field of dumping in the context of electronic trade. In order to present a comprehensive study, this Article also considers comparative aspects of the subject. On this basis, situations where dumping may occur in electronic trade, the examination of legal provisions in Iran, the legal means to enforce sanctions to protect fair competition in the market, and their comparative study will be addressed. Conclusion: This Article concludes that despite proper laws in Iran, due to the lack of an appropriate framework, effective enforcement of such laws is yet to be achieved.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

SHAJARI R.

Issue Info: 
  • Year: 

    2004
  • Volume: 

    -
  • Issue: 

    2
  • Pages: 

    61-74
Measures: 
  • Citations: 

    0
  • Views: 

    973
  • Downloads: 

    0
Abstract: 

Runing away of good-NAME and praising of bad-NAME and public disgrace, is one of the characteristics of libertine school and amatory mysticism which is emphasized in sayings of mystics, works of poets and behaviour of libertines. The cloth of famousness, is a troublefull finding which splashes the dye of hypocrisy and sham on the stature of worship and devotion and covers the face of sincerity and honesty. Therefore, the fight with such a characteristics, always has been one of the mental disturbances of the real mystics and truth finders. They always have shown the various ways of breaking jar of NAME and shame, self-respect and dignity. Showing these ways and pointing to the cause and signs of these pests, in the form of tales, examples and poems have come in the works of mystics particularly Attar, Moulana and Abusaid-Abulkheir which will be discussed in this article.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Title: 
Author(s): 

Journal: 

AYENEH-YE-PAZHOOHESH

Issue Info: 
  • Year: 

    2024
  • Volume: 

    35
  • Issue: 

    209
  • Pages: 

    583-636
Measures: 
  • Citations: 

    0
  • Views: 

    13
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 13

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Title: 
Author(s): 

Journal: 

AYENEH-YE-PAZHOOHESH

Issue Info: 
  • Year: 

    2024
  • Volume: 

    35
  • Issue: 

    210
  • Pages: 

    531-644
Measures: 
  • Citations: 

    0
  • Views: 

    12
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Title: 
Author(s): 

Journal: 

AYENEH-YE-PAZHOOHESH

Issue Info: 
  • Year: 

    2024
  • Volume: 

    35
  • Issue: 

    210
  • Pages: 

    343-359
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 10

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Title: 
Author(s): 

Journal: 

AYENEH-YE-PAZHOOHESH

Issue Info: 
  • Year: 

    2024
  • Volume: 

    35
  • Issue: 

    210
  • Pages: 

    373-378
Measures: 
  • Citations: 

    0
  • Views: 

    17
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 17

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