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Issue Info: 
  • Year: 

    2007
  • Volume: 

    -
  • Issue: 

    77 (ISLAMIC LAWS AND JURISPRUDENCE)
  • Pages: 

    55-85
Measures: 
  • Citations: 

    0
  • Views: 

    1661
  • Downloads: 

    0
Abstract: 

The issue of intellectual rights in the legal works has, due to its importance and long history in jurisprudence and Islamic culture, received much attention by the Shī‘a and Sunnī jurists, and has been subsumed under a special heading. Some of the Sunnī jurists have distinguished between legal and non-legal works, considering the works of the authors of legal works as non-legal and those of others as legal, even if created by a Muslim. Similarly, in case a non-Muslim undertakes to write legal works in relation to Islam, his financial rights are respected and approved, which is an indication of the Muslims' special concern with the promotion of Islam and its values. Thereupon, the present paper, while explaining the legal works, reviews the reasons of the opponents of financial rights of these works and asserts that although legal works enjoy special importance and status, there is no difference between the legal and non-legal works in terms of legality of financial rights, and the reasons proving intellectual property rights would similarly prove as legal the financial rights of both kinds of works. In one aspect, the necessity of fulfilling the intellectual or moral rights in regard to all works, including legal and non-legal, has been agreed upon and even the rights of the legal works have been accepted with more sensitivity by general public, even by the opponents of the financial rights of intellectual works.

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Author(s): 

SHOBAYRI (ZANJANI) S.H.

Issue Info: 
  • Year: 

    2010
  • Volume: 

    14
  • Issue: 

    2 (67)
  • Pages: 

    157-193
Measures: 
  • Citations: 

    0
  • Views: 

    2133
  • Downloads: 

    0
Abstract: 

After adventing of computers in the Middle of the 20th century and extensive production of miraculous literature and artistic works by it without any direct intervention of human being, the ways of legal protection of these kinds of works have been challenged. Questions like authorship, duration of protection and moral right in the computer-generated-works (CGW) should be decided in copyright laws. Although some statute laws such as England Copyright, Designs and Patents Act 1988 have specified obviously some legal aspects of these kinds of works, but it's position has yet to be determined in many countries like USA, France and Germany. Current Iran’s copyright law which is under the influence of France intellectual property law, also has not yet been proceeding to this issue. However, considering the expeditious increasing of CGW productions and its economic value, it seems that nowadays the suitable reaction of legislatures and protection of them at least under »sui generis right« are necessary.

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Author(s): 

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    38
  • Issue: 

    2
  • Pages: 

    325-338
Measures: 
  • Citations: 

    0
  • Views: 

    1467
  • Downloads: 

    0
Abstract: 

The creation of an intellectual work by a group of people could take different forms. Sometimes, the cooperation of the members of the group takes the form of mutual consultation; in this case the work is called joint work. Sometimes it is realized under the management of a real or legal person. In this case the work is a collective work. There are some occasions where the intellectual work is derived from another existing work. In the latter case, the intellectual work is called a derivative work. Therefore, if a work is produced by several persons it is called a complex work. Complex work stands vis-a-vis simple work. A simple work is a work which has only one creator. In other words, a complex work includes a work which is collective, joint or is derived form other works. This paper aims to define and discern collective work from joint works.

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Author(s): 

Issue Info: 
  • Year: 

    0
  • Volume: 

    8
  • Issue: 

    2
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    290
  • Downloads: 

    0
Keywords: 
Abstract: 

لطفا برای مشاهده متن کامل این مقاله اینجا را کلیک کنید.

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Author(s): 

HOSSENI KARAMI M.

Issue Info: 
  • Year: 

    2002
  • Volume: 

    -
  • Issue: 

    33
  • Pages: 

    137-178
Measures: 
  • Citations: 

    0
  • Views: 

    1556
  • Downloads: 

    0
Abstract: 

The present article begins with discussion about similarities and resemblances of some of the common human intellect, and possible exchange of some of these thoughts between nations and also the natural commonality of some other thoughts in the absence of any exchanges. The article then expresses some views on the similarities and resemblances of themes and vocabulary among the Persian poets and the mutual effects and influences of poets and authors, and then a discussion is put forth on the common themes and vocabulary used in Khamseh of Hakim Nezami and complete works of Sheikh Sa'adi. The main text of the article contains common themes and vocabulary used by the two poets along with abundant evidences and examples together with explanation and classification of the materials, some of which are the result of the personal experiences of each poet, some having a common source and some others in which Sheikh Saadi had definitely been influenced by the words of Hakim Nezami.It is noteworthy that the samples used in this research are not all the similarities of the works of these two great Persian poets, and further search would be necessary.

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Author(s): 

AYATI H.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    7-13
Measures: 
  • Citations: 

    0
  • Views: 

    4491
  • Downloads: 

    0
Abstract: 

Intellectual property is a set of human mental activities with commercial values. Through expanding communications, nowadays, the creation of work is considered as one type of vocation and the source of earning money, ‘theifore a set of rules and principles govern the relationships between the artist and its supplier. Intellectual property is divided into two general parts: artistic and industrial. In the first part, Iran has not still joined to international contracts for existing different mainly economical views. However, in the second part Iran has entered Paris convention.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    13
  • Issue: 

    11 (57)
  • Pages: 

    51-70
Measures: 
  • Citations: 

    0
  • Views: 

    807
  • Downloads: 

    0
Abstract: 

The reflection of society in literary works is one of the fundamental issues that is evaluated both in sociology and in literature. By studying the literature of each period, one can become aware of the cultural, political and social situation of that period. Because the literature of every age has the color of its society. Shahrnoosh Parsipour is one of the writers whose social events have reflected her time in her works. Therefore, her novels can be examined in the form of sociological critique. This descriptiveanalytical study examines works such as "Tuba and the Meaning of the Night", "Dogs and the Long Winter", "Women without Men" and "Free Experiences" based on important social institutions such as family, culture, religion and politics. After reviewing, the author concluded that all the institutions in real society, especially politics, play a decisive role in Parsipour's works. By depicting society in his work, the author reveals the innumerable sufferings of women and describes their efforts to be free with positive and negative behaviors.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    50
  • Issue: 

    2
  • Pages: 

    295-317
Measures: 
  • Citations: 

    0
  • Views: 

    740
  • Downloads: 

    0
Abstract: 

John Damascus was the last one of the fathers of the Church of the East, whose theological works had special significance for the Orthodox Church. He spent more than four decades of his life in his hometown of Damascus, and although he was in the Umayyad court, because of the suffering that he saw from the Umayyads, he turned to Jerusalem. He studied there and wrote some works, among which the critique of Iconoclasm and critique of Islam and the Quran are more important. While criticizing other schools of thought, he has used Greek philosophy and the words of the church, he insulted Islam instead of criticizing it according to reason and logic. This different approach to Islam is rooted in the mistreatment of the Umayyad rulers with him, and his retaliatory action has led to the denial of the beliefs of the Umayyads.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    128-146
Measures: 
  • Citations: 

    0
  • Views: 

    122
  • Downloads: 

    31
Abstract: 

The primary objective of this article is to elucidate that a comprehensive understanding of Greek political thought necessitates an examination of its origins in Ancient Greece. Traditional scholarship in Greek political thought has typically assumed that it originated concurrently with philosophy and the establishment of the polis. In this research, drawing upon the visions of Eric Voegelin and Leo Strauss, we endeavor to establish a refined definition of political thought while challenging the aforementioned conventional assumption. It is argued that political reflection remains intimately intertwined with the theological-mythological beginning of thought in Greece. This theological-mythological mode of thinking initially found expression in the works of Homer and Hesiod, with these poets serving as the foremost intellectual authorities and initial educators of the Greeks. The Greeks, in their self-perception, viewed themselves through a lens of religion and in the mirror of gods and divine forces. Consequently, any exploration into Greek political thought must acknowledge the works of these poets as the seminal intellectual foundations of Greek thought. It is imperative to recognize that political thought in Ancient Greece did not commence with philosophy or the emergence of the polis, but rather with poetry and a distinct form of religious-mythical experience, namely theologia-muthologia.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2021
  • Volume: 

    18
  • Issue: 

    1
  • Pages: 

    177-201
Measures: 
  • Citations: 

    0
  • Views: 

    75
  • Downloads: 

    16
Abstract: 

Architectural works have been protected as one of the most important fields of art in international documents (such as Article 1, paragraph 2, of the Berne Convention) and the law of different countries (such as Article 7, paragraph 2 of the Law on the Protection of Authors, Writers and Artists of Iran). In practice, it faces several serious challenges such as analyzing the concept of the building, separating the original work (plan) from the building, and analyzing the element of originality. In the present article, we have attempted to analyze the element of originality as one of the pillars of a work that can be supported in the field of architecture. The most important criteria of originality in architectural works can be called non-functional criterion, dissection criterion and absolute criterion. However, due to the lack of any of these criteria, there are also sub-criteria that can help the judge in this respect. The analysis of each of these main and sub-criteria ultimately leads us to the conclusion that there is no superior or absolute criterion.

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