Document Type : Original Article
Authors
1
Student at Azad University of Sciences and Research.Tehran. iran
2
Associate Prof, Department of Fiqh & law, Faculty of Law, Theology and Political Science, Islamic Azad University, Science and Research Branch. Tehran .iran
Abstract
Abstract:
There is no consensus regarding the concept of intellectual property in Iranian law. It appears that intellectual property is a type of rational credit relationship between the owner of an intellectual work and that work; provided that the work has customary pecuniary value, is attributable to a person, and is lawful. Through this relationship, the person can, within legal limits, manage and benefit from the work, whether he created the work directly or indirectly, or whether the work has been transferred to him. The general elements of this ownership include: the existence of the intellectual work, its customary pecuniary value, the possibility of assigning it to a person, and the existence of a person who owns the intellectual work, whether the person created it himself or through others, or whether it was transferred to him. Intellectual property encompasses literary, artistic, and industrial rights. It gives rise to two types of rights: material (financial) rights and moral rights, each with its own characteristics. Some attributes of material rights, such as transfer ability, waive ability, time limitations, and spatial limitations, as well as the characteristics of moral rights, such as non-transferability and lack of time and space limitation. It poses challenges to the appearance of the principles and rules governing ownership in Islamic jurisprudence, which are logically consistent with these rules and principles. Therefore, there is a need to redefine and reorganize the categories and attributes of intellectual property and to align them with the nature of rights. Some contested attributes include: the temporary nature of ownership (limitation of time), spatial restrictions (limitation to specific locations)- that allocates legal protection to a specific location- and the non-transfer ability of certain rights within intellectual property.
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