Document Type : Original Article
Authors
1 Professor of Law, Shahid Beheshti University
2 PhD Student of criminal law and criminology, Shahid Beheshti University
Abstract
Intellectual property rights are ownership of the works and intellectual efforts of individuals, which, by providing some elements including originality, novelty and innovation, due to the nature of the intellectual work, bring relatively exclusive rights to the creator. Contrary to popular belief, intellectual property is not an absolute right and it can also include the public rights. While analyzing the issue of intellectual property rights in the construction industry as works of art and industry, this article has examined the legal protections in two stages before and after construction and it is based on this opinion that the use of designs and ideas implemented by other engineers does not necessarily mean an infringement of the original creator's rights and is considered as a part of the growing nature of the engineering world. Also, it is concluded that in the absence of a clear legal perspective, at the time of conflict between its material and intellectual rights, at least in the field of engineering and industry, the principle of material ownership prevails and the owner has the right to change the created engineering artifact based on his needs, but the owner of the idea can prevent the attribution of the work to himself and recover his suffered possible or absolute damages, if any. Finally, from the criminal aspect, it is found that violation of intellectual rights is no longer a crime merely related to the private rights of individuals, and it is necessary to identify it as a public crime aligns with the public interest and the social and economic developments.
* Associate Professor, Criminal Law & Criminology Dept, Faculty of Law, Shahid Beheshti University, Tehran, Iran. b_shamloo@sbu.ac.i
** Assistant Professor, Civil Engineering Dept, Allameh Rafiee Institute of Higher Education, Qazvin, Iran (Corresponding Author) darabpour@gmail.com
Keywords
Persian Resources in English
Books
- Emami, Asadollah, Intellectual Property Law, MIZAN Publication, 1399
- Amiri, Hossein Ali, Enforcement of Intellectual Property Rights in WTO Regulation and Iranian Law, MIZAN Publication, 1388
- Bahadori Jahromi, Zahra, Zahra, Shakeri, Mohsen, Sadeghi, Non-Judicial Settlement of Intellectual Property Rights Disputes, Center for Lawyers, OFFICIAL EXPERTS AND FAMILY ADVISORS OF THE JUDICIARY Publication, 1399
- Hekmatnia, Mahmoud, Intellectual Property System, PUBLISHING ORGANIZATION OF ISLAMIC CULTURE AND THOUGHT RESEARCH INSTITUTE Publication, 1400
- Khedmat Gozar, Mohsen, The Philosophy of Intellectual Property, MIZAN Publication, 1390
- Darabpour, Mehrab et al, The Principal of International Commercial Law, 5th Chapter, Competition Law, Agency, E-Commerce and Intellectual Creations, 4th edition, GANJ-E-DANESH, 1401
- Raeisi, Leila, The Manners of Intellectual Property Dispute Settlement, JANGAL Publication, 1388
- Sheikhi, Maryam, Principles of Intellectual Property Law, MIZAN Publication, 1394
- Safaei, Seyed Hossein, Civil Law and Comparative Law, MIZAN Publication, 1386
- Mirhosseini, Seyed Hasan, Dictionary of Intellectual Property Law, Vol. 1, 2nd edition, MIZAN Publication, 1391
- ---, An Introduction to Intellectual Property Law, 6th edition, MIZAN Publication, 1396
- ---, Industrial Design Law, MIZAN Publication, 1395
Articles
- Akbari Dehno, Meysam, Asiye, Akbari, "Industrial Property Rights: A Commentary on the Criminal Remedies in the Iranian Jurisprudence", Journal of Science and Technology Policy, 5th Year, No. 3, 1392, pp. 27-44
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- Habiba, Saeed, Masoud, Shahbazi, "Theoretical Approach to Acquisition of Ownership in Intellectual Property", Journal of Private Law, Vol. 14, No. 1, 1396, pp. 27-49
- Roshan, Mohammad, Mostafa, Khorami, "Intellectual Property Rights for Architecture", Soffeh, Vol. 23, No. 60, 1392, pp. 5-16
- Sadeghi Esfahlani, Soureh, "Copyright Protection for Architectural Works", Journal of Legal Research, No. 20, 1390, pp. 167-180
- Abdollahi, Mohammad Javad, Maryam, Sharifi Renani, Reza, Arabzade, "Analysis of Criteria for Originality of Architectural Works in Intellectual Property Law", Journal of Private Law, No. 18, No. 1, 1400, pp. 177-201
- Alikhani, Sakine, Saeed, Habiba, Hasan, Alipour, Mohammadreza Elahi Manesh, "Challenges and Strategies for Criminal Supports from Intellectual and Artistic Creations of Fashion (Comparative Study of Legal System of Iran, France and the USA)", Culture- Communication Studies, No. 88, 1400, pp. 241-263
- Nazari, Ahad, Naser, Jamali Harsini, Yaser, Goldoust Jouybari, "Application of Value Engineering in the Improvement of Construction Project Design", Soffeh, Vol. 20, No. 4, 1389, pp. 49-60
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