Scientific research
Intellectual Property Law
Sanaz Alaee; Morteza Asadlou Gharakhanloo; Mokhtar Naam
Abstract
A patent is a privilege given by governments to innovators to create a new and economically important invention. For patenting of invention predict some rules in Iran. Some of these rules are substantive codition. Some of these conditions are novelty, industrial application and inventive step. That lack ...
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A patent is a privilege given by governments to innovators to create a new and economically important invention. For patenting of invention predict some rules in Iran. Some of these rules are substantive codition. Some of these conditions are novelty, industrial application and inventive step. That lack of these substantive conditions create difficulty for recognizing and supporting of patents. Also, some of these rules are procedural conditions. They are refer to prepare of statement and appendices and description of invention and claims. that the lack of these conditions can cause the invention not to be patented in some cases. but they are not as important as substantive conditions. In some international documents in the field of industrial property rights especially in the Trips Agreement, the substantive conditions of patent are stated. According to paragraph 1 of article 27 of the Trips Agreement, for patenting of any inventions, either product or process, predict some substantive conditions. These substantive conditions are:Novelty: It means that the invention was not predicted in prior art or industry.Invention step: It means that the invention does not be obvious and clear for a person with the ordinary skills.Industrial practical: It means that the invention can be made or used in the field of industry or art. This Agreement has only stated these substantive conditions and assessment of these conditions is left to the internal regulations of the countries. Due to this, the regulations of the countries have the flexibility to evaluate those conditions according to their economic and social conditions and that is an important point for these countries. But the lack of definition of invention in the Trips agreement also the lack of explanation of the substantive conditions of the patent, caused countries to reach different results in the assessment of inventions. This problem has forced developed countries and consequently the world intellectual property organization to take serious measures in order to formulate the substantive laws of inventions and make them uniform in terms of substance. In Europe, according to the European patent convention 1973, In article 54 to 57 of this convention, patent conditions are newly, inventive step, and industrial practical. In the laws and regulations related to the inventions of countries, including developing and developed countries, usually these substantive conditions are stated. In the Irans patent law 1310, some of these conditions, including novelty ate mentioned. In the patent law of Iran 1386, in article 1 the invention is defined. Subsequently, in article 2, the conditions of patentable inventions are stated. And necessary criteria for patenting are novelty, innovative step and industrial application. But if the subject of the intended invention is one of the excluded subjects, it will not be able to be patented. In the continuation of this article, the concept of these conditions and the evaluation of these conditions and criteria in Iranian law will be discussed.
Scientific research
Corporate Law
habib Ramezani Akerdi
Abstract
According to the mentioned introduction, the main goal of the research is to answer the question that considering the utilitarianism of the directors, how should their fee be determined so that it does not lead to rent seeking and the interests of the company are secured? In other words, what is the ...
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According to the mentioned introduction, the main goal of the research is to answer the question that considering the utilitarianism of the directors, how should their fee be determined so that it does not lead to rent seeking and the interests of the company are secured? In other words, what is the efficient mechanism in determining the fee of directors?The structure of the rights of Iranian joint-stock companies is such that it does not reduce the mentioned problems; Because in determining the fixed fee, it seems that this full fee is considered and the reward is in excess of it; Therefore, the problem of rent-seeking disappears, but the problem of free riding still remains. Another point is that even if we accept the assumption that a difference can be made in the payment of reward between effective and ineffective directors, and in the case of profit maximization, only effective directors will participate in it, no mechanism has been provided to distinguish this difference in the general meeting. In fact, a part of the directors' fees should be paid in a fixed form and another part should be paid as a reward. The reward should also be proportional to the efficiency of directors. Another weakness of the rulemaking is that there is no task for the managers to improve the current situation of the company, so that if it is not fulfilled, the responsibility tool can be used. In fact, the tool of responsibility as a supplementary tool to create efficiency (resolving the problem of free riding) depends on the existence of a duty under the title of creating productivity for directors.
Scientific research
International Agreements
Marzieh Nikouei
Abstract
Marketing contracts are among the most significant tools of international trade, playing a crucial role in the development and introduction of products to the market. Through these agreements, the parties establish the foundational framework for organizing their commercial and legal relationships. These ...
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Marketing contracts are among the most significant tools of international trade, playing a crucial role in the development and introduction of products to the market. Through these agreements, the parties establish the foundational framework for organizing their commercial and legal relationships. These contracts, by setting out specific obligations and principles, possess a distinctive legal character that has been examined in various legal systems. Despite their widespread application, the precise status and regulatory framework of marketing contracts have yet to be clearly defined in Iranian law. This study aims to examine the status, legal nature, and obligations arising from marketing contracts within the Iranian legal system. By elucidating the concepts and structure of marketing contracts and analyzing their nature, the research endeavors to investigate the relationship between this institution and the fundamentals of contract law in Iran. The findings indicate that, although marketing contracts do not correspond completely with any existing contractual institutions in Iranian law, the Iranian legal system nevertheless has the capacity to recognize and accommodate them as independent and flexible legal instruments.
Original Article
Economic Analysis in International Trade Law
mohadeseh ghavami pour sereshkeh; Amirreza mahmoudi
Abstract
In the international investment law system, the recognition of intellectual property rights as qualifying investments is one of the emerging and yet fundamental challenges in the interpretation of investment treaties. Although many international investment agreements explicitly or implicitly consider ...
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In the international investment law system, the recognition of intellectual property rights as qualifying investments is one of the emerging and yet fundamental challenges in the interpretation of investment treaties. Although many international investment agreements explicitly or implicitly consider intellectual property rights as investment assets, this alone is not sufficient to enjoy treaty protection. This article, adopting an analytical-critical approach, examines the criteria for recognizing intellectual property rights as investments in the light of the provisions of investment treaties, the rules of the ICSID Convention, and arbitration procedures. Focusing on the Salini test and other formal and substantive criteria, the article shows that active economic exploitation of intellectual property rights in the host country plays a decisive role in confirming the capital nature of these rights. Furthermore, the article highlights the role of the host country's domestic law in determining the existence, scope, and enforceability of these rights, and in particular emphasizes the principle of territoriality of intellectual property rights. Finally, the article concludes that integrating the principles of intellectual property rights with the international investment legal regime requires careful and coordinated interpretation of treaties, in line with the balance between investor protection and respect for the rule of law in the host country.
Scientific research
Economic Crimes
Siamak Shokouhifard; Ali Salmanpour; Iraj Lotfi; Morad Nasiri Moghanloo
Abstract
In a classification, the economy of any country can be divided into two parts: legal and illegal. The illegal economy includes many activities that are not approved and accepted by society and government and judicial authorities. Considering that the illegal economy, while being invisible, can have a ...
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In a classification, the economy of any country can be divided into two parts: legal and illegal. The illegal economy includes many activities that are not approved and accepted by society and government and judicial authorities. Considering that the illegal economy, while being invisible, can have a high capital potential, if such potential is directed towards the legal economy, it is possible to accelerate and facilitate the movement towards reasonable and sustainable economic growth by relying on the capabilities of society within the framework of legal laws and also by the correct use of resources and factors of production. In this regard, first, the reliability of existing variables is examined by generalized Fuller Dicky test and then, using the ARDL model, the Error Correction Model (ECM) of the shadow economy volume model, and also with The application of the Johansson-Josilius test determines the convergence vectors, and then the effects of shocks and shocks on co-integration vectors are discussed and analyzed. The results show that shadow economy in Iran is affected by economic growth variables, trade restrictions, unemployment rate, tax burden and consumer price index.
Scientific research
Economic Analysis of Law
Shahin Shamiaghdam; Gholam Reza Asadi
Abstract
Judicial error is an unavoidable part of procedure. These errors make some political and economic effects. Legitimacy of government is the main political side of cognitive biases on the one hand and economic growth and development on the other hand are the main issues affected by the biases. Although ...
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Judicial error is an unavoidable part of procedure. These errors make some political and economic effects. Legitimacy of government is the main political side of cognitive biases on the one hand and economic growth and development on the other hand are the main issues affected by the biases. Although these are shortcuts our brain made to form the way we make judgments and decisions in our daily lives but it makes false judgements. Cognitive studies demonstrate that biases such as framing effects, anchoring, hindsight bias, optimistic bias, endowment effect, omission bias, and extremes effect are the most important cognitive errors which form the way judicial decisions are made. We argue judicial errors are inevitable and may not be eliminated but efficient legal rules could reduce them and share risk of probable error among parties. In this paper we present routes, effects and solution of the issue from a behavioral law and economics approach.
Scientific research
Criminal law and criminology
Abolghasem Khodadi; MohammadHossein Taheri
Abstract
1- INTRODUCTIONThe tax system, as one of the main pillars of government revenue generation and the realization of economic justice, plays a crucial role in combating tax evasion and related offenses. One of the most effective tools in this regard is the criminalization of tax violations. In Iran, the ...
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1- INTRODUCTIONThe tax system, as one of the main pillars of government revenue generation and the realization of economic justice, plays a crucial role in combating tax evasion and related offenses. One of the most effective tools in this regard is the criminalization of tax violations. In Iran, the Direct Taxation Law serves as the primary framework for defining tax-related crimes. However, the criminalization of these offenses has always faced challenges; on the one hand, it can enhance financial transparency, but on the other hand, it may lead to reduced economic security and increased pressure on economic actors. This article examines the principle of economic stability preservation and its impact on the legitimacy and effectiveness of criminalizing tax offenses, while also critically analyzing the proportionality of punishments in relation to the characteristics of the target community.2- PURPOSEThe main benefit of this research lies in assessing the extent to which tax crimes align with the principle of economic stability preservation, as it can contribute to improving tax policy and enhancing the efficiency of the country's tax system. By examining this alignment, it becomes possible, on the one hand, to identify laws that, through the imposition of strict penalties, may undermine economic security and drive capital flight instead of increasing transparency. On the other hand, it provides a foundation for revising penalties and formulating more balanced tax policies. This research can also assist lawmakers in designing more effective legislation that aligns with the country's economic realities, thereby promoting tax justice and strengthening public trust in the tax system
Scientific research
Private law
Nasrin Tabatabai Hesari; amirmohammad ghorbannia
Abstract
As digital assets, including data, hold significant importance and commercial applicability in modern markets, a large part of the success of external development, mergers, and acquisitions is tied to the transfer of data in these processes. However, most of this data consists of personal information ...
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As digital assets, including data, hold significant importance and commercial applicability in modern markets, a large part of the success of external development, mergers, and acquisitions is tied to the transfer of data in these processes. However, most of this data consists of personal information of users, customers, and employees. Given the ambiguity surrounding the ownership and economic function of this specific type of data, along with privacy concerns, the transfer of such data as corporate assets faces legal challenges. Therefore, this research employs a descriptive-analytical method, utilizing both printed and digital library resources, to conduct a comparative study of regulations in leading countries such as the United States and the European Union alongside the regulations in Iran. The primary question addressed is whether the transfer of personal data as an asset during mergers and acquisitions is feasible. The findings of this study indicate that reasons such as economic analysis approaches, the importance of public interest, and the necessity of considering the legitimate interests of companies justify the transferability of personal data in countries with free markets, like the United States. However, the existence of human rights concerns, manifested as legal and contractual barriers, alongside the technical and practical requirements for secure data transfer while maintaining confidentiality, limits the transferability of personal data and necessitates obtaining consent from the individuals concerned.
Scientific research
Economic Analysis of Law
Amirhossein Bamati Tousi; Mostafa Mansourian; Mohammad Barzegar Khosravi
Abstract
Constitutional political economy is a theoretical and interdisciplinary approach that seeks to explain the nature and function of diverse and alternative legal models that have a fundamental place in the institutional order of societies. This epistemological domain, on the one hand, has a close and structural ...
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Constitutional political economy is a theoretical and interdisciplinary approach that seeks to explain the nature and function of diverse and alternative legal models that have a fundamental place in the institutional order of societies. This epistemological domain, on the one hand, has a close and structural relationship with the knowledge of Constitutional law, and on the other hand, by utilizing the analytical tools and conceptual capacities of economics, it attempts to analyze the motivational mechanisms of institutions and provide a coherent and effective framework for designing and regulating the rules governing economic and political behavior. In this article, the fundamental concepts of this approach are examined, and its relationship with legal discourse is analyzed. This article, by adopting a descriptive-analytical approach, shows that this approach's understanding of concepts such as constitutional rule and constitution, despite the similarities it has with the legal reading, has fundamental differences in theoretical foundations. This paper represents a preliminary step toward a conceptual dialogue between these two theoretical frameworks.
Scientific research
Criminal Law and Criminology
majid mohammadi nasrabad; mohamadali hajidehabadi
Abstract
The position of social institutions in resolving interpersonal conflicts within society is highly influential and beneficial from various perspectives, both for the community and the judicial system. This article explores the role of professional guilds as a manifestation of peace-oriented social institutions ...
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The position of social institutions in resolving interpersonal conflicts within society is highly influential and beneficial from various perspectives, both for the community and the judicial system. This article explores the role of professional guilds as a manifestation of peace-oriented social institutions and outlines the challenges of utilizing their capacities within Iran’s criminal policy.Although the study adopts a descriptive-analytical approach and relies on library resources, the authors have sought to strengthen the research by conducting in-depth interviews with guild officials in Yasuj County. The key findings of this paper indicate that the most significant foundations justifying the participation of guilds in Iran’s criminal policy are rooted in the principles of people-centered and integrated criminal justice strategies. These include the societal duty to foster peace and reconciliation through non-violent means, widespread non-criminal oversight and care, and mutual assistance in resolving disputes with a benevolent approach. Additionally, other justifications include preventing the stigmatization of individuals, reducing the costs of the judiciary, and alleviating the burden on the criminal justice system. The application of guilds’ roles in criminal policy emerges within the framework of integrated criminal justice, based on both proactive and reactive responses. A justice-oriented model of integrated criminal policy is designed and implemented with a priority on actions that reflect social realities. It aims to enhance public welfare, safeguard the economic, social, and cultural rights of individuals, and ultimately reduce reliance on the criminal justice system.
Scientific research
Competition Law
Mohsen Sadeghi; Parsa Jodeyri Eslami
Abstract
Digital platforms, as key players in the modern economy, possess unique structural features such as network effects, the ability to provide services free of charge, and the capacity to aggregate and process big data. These characteristics pose significant challenges to the application of traditional ...
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Digital platforms, as key players in the modern economy, possess unique structural features such as network effects, the ability to provide services free of charge, and the capacity to aggregate and process big data. These characteristics pose significant challenges to the application of traditional competition law criteria for identifying a dominant market position. This research, employing a descriptive-analytical method, examines the difficulties of assessing market power and identifying dominance in the context of digital platforms from a competition law perspective. The central hypothesis of the study is that the classic criteria for assessing market power—namely market share, entry barriers, and countervailing user power—serve as a valid foundation from which more specific indicators, tailored to the unique nature of platforms, can be derived. The findings indicate that the “Document of Major Policies and Requirements for Supporting Competition and Countering Monopoly,” approved by the Supreme Council of Cyberspace, provides a legally supportable framework for the Iranian Competition Council to effectively apply these tailored criteria in practice.
Original Article
Corporate Law
Hossein KAVIAR; Farid KOMIJANI
Abstract
Extended AbstractThe 1970s are considered a significant turning point in the development of the "Corporate Social Responsibility (CSR)" movement. During this period, with increasing attention to social responsibilities, the importance of evaluating the impact of companies' activities on human rights ...
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Extended AbstractThe 1970s are considered a significant turning point in the development of the "Corporate Social Responsibility (CSR)" movement. During this period, with increasing attention to social responsibilities, the importance of evaluating the impact of companies' activities on human rights and the environment throughout the supply chain grew considerably. The term Corporate Social Responsibility, which refers to "voluntary activities undertaken by companies in the areas of environmental protection or the observance of human rights," was first introduced in 1953. However, it did not gain widespread use until the 1970s. In 1971, the Committee for Economic Development, an influential non-profit policy organization, initiated this movement by supporting the idea of a "social contract" between businesses and society, according to which businesses are obligated to strive for the promotion of social responsibility beyond providing goods and services. This movement gained increasing popularity in the following decade and was influenced by other contemporary social movements (such as the environmental movement) and new environmental laws (such as the Clean Air Act and the Occupational Safety and Health Act). Concurrently, the Guidelines for Multinational Enterprises were adopted by the Organisation for Economic Co-operation and Development (OECD) in 1976, and many international organizations developed non-binding guidelines that, if followed, would protect individuals against human rights violations and other abuses committed by companies. Following the adoption of the United Nations Guiding Principles on Business and Human Rights in 2011, an international framework was established for companies to conduct their business activities with respect for human rights. These principles encourage companies to consider the social and environmental impacts of their activities in addition to profitability. Furthermore, companies must prevent human rights violations in all their operations and address the negative impacts of their activities on human rights. Additionally, according to these principles, individuals whose rights have been violated by companies should have access to judicial authorities and be able to receive compensation.International trade enables companies to relocate activities that lead to environmental degradation and human rights violations to different parts of the world. To counter this challenge, efforts are underway to integrate environmental protection and respect for human rights into national trade policies. The European Union is at the forefront of this endeavor. The European Union announced its commitments to strengthen the regulatory framework for sustainable business conduct in 2020. Two years later, a proposal for a directive on corporate sustainability due diligence was introduced. As part of the overarching agenda for sustainability and the European Green Deal, the Corporate Sustainability Due Diligence Directive (CSDDD or CS3D, or the "Directive") was adopted in 2024 as a tool for the European Union to become a leader in the field of sustainable business conduct. The adoption of this Directive faced significant political hurdles. These challenges began with Germany's withdrawal of political support for the Directive in February 2024. Subsequently, France and Italy also withheld their support. These political controversies necessitated further revisions to the text of the Directive to secure their backing.
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