Scientific research
zahra shakeri; Maryam Mehraban poorazar
Abstract
In today`s modern world, every manufacturer aims to dominate the market of their products as much as possible and to eliminate or diminish the presence of other competitors, seeking to distinguish itself from them, and one of these ways is to use a trademark that is more unique than others. Therefore, ...
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In today`s modern world, every manufacturer aims to dominate the market of their products as much as possible and to eliminate or diminish the presence of other competitors, seeking to distinguish itself from them, and one of these ways is to use a trademark that is more unique than others. Therefore, use of signs such as sound, aroma, taste, and touch from products as trademarks, which are referred to as non-visual non-conventional signs. The mentioned signs which are referred to as unconventional non-visual signs, face the challenge of whether they have a distinguishing element and can introduce their source well. The fact is that such signs are classified as general or descriptive signs and it is not possible or difficult to express them in the form of classic declarations.This research, with analytical-descriptive method and library approach finally concludes that, in general, non-visual signs in both systems can be registered by insisting on the existence of secondary meaning and proving it based on the evidence provided. However, there are differences in their registration system. Among these differences are the registration requirements of the European Union, which prevent the registration of aroma, taste and touch signs. Currently, despite the absence of this barrier in the United States, there is no successful registered example of taste and touch marks.
Scientific research
Mitra Shafighi; Seyyed Mohsen Hosseini Pooya; Seyyed Hamidreza Mousavipour
Abstract
The knowledge of economics has the ability to be used as one of the basic pillars in the interpretation and description of the civil procedure and its rules and structures, like some other sciences. In the meantime, the findings of this research indicate that the costs of registering and filing lawsuits ...
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The knowledge of economics has the ability to be used as one of the basic pillars in the interpretation and description of the civil procedure and its rules and structures, like some other sciences. In the meantime, the findings of this research indicate that the costs of registering and filing lawsuits and the costs of delaying proceedings are among the factors involved in the analysis of the economics of proceedings. In addition, the conducted study shows that the fundamentals reflected in formalism and realism schools are considered to justify the economy of proceedings and proceedings, including appeal proceedings. Also, the examination of the teachings of economic law and its relationship with the procedure indicates that by resorting to the criteria of efficiency, reasonable behavior, Pareto; Kaldor Hinz and Panz - each of which in some way shows the justification of the activities of individuals - can justify the civil procedure system, including the methods of protesting the votes, especially the appeal proceedings. This research, in a descriptive-analytical way and with a library method, through theoretical discussions, examines and analyzes the economic analysis of appellate proceedings as one of the methods of revising the decisions issued by the courts and also one of the important topics in the legal system. Civil proceedings have been paid.
Scientific research
Ali Saberi; Seyed Mohammad Mehdi Ghamami; Ruhollah Makaram
Abstract
AbstractLegislation, like other government actions, is a complex and delicate process and can be examined and studied from different dimensions. Among these dimensions is the process of carrying out evaluations that decision makers must be committed to doing before and after legislation. In this research, ...
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AbstractLegislation, like other government actions, is a complex and delicate process and can be examined and studied from different dimensions. Among these dimensions is the process of carrying out evaluations that decision makers must be committed to doing before and after legislation. In this research, the question "What are the capacities of Iran's legal system to evaluate the effects of the law, especially in the economic field?" Through the descriptive-analytical method using library resources, it was concluded that there are potential legal capacities in Iran to evaluate the effects of the law in an a priori and a posteriori manner in the field of economy, although these capacities have not been explicitly stated so far. and coherent to evaluate the effects of the law in this area have not been taken into consideration. Some of these legal capacities, including governmental institutions, non-governmental institutions, and trade unions, which have been identified in this research; They can be used only for a posteriori evaluation of laws, and on the other hand, some of these legal capacities can be used in a priori and a posteriori evaluation of laws.
Scientific research
majid sadeghnejad naeini
Abstract
یکی از مهمترین راهکارهای پیشگیری از جرایم اقتصادی، شفاف‌سازی نظام اقتصادی و نهادینه‌سازی بحث شفافیت است. از شفافیت تعریف‌های متعدد و متنوعی صورت گرفته است که این تنوع ...
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یکی از مهمترین راهکارهای پیشگیری از جرایم اقتصادی، شفاف‌سازی نظام اقتصادی و نهادینه‌سازی بحث شفافیت است. از شفافیت تعریف‌های متعدد و متنوعی صورت گرفته است که این تنوع ناشی از ذوق، دریافت و تخصص ارائه‌کنندگان تعریف بوده است. زیرا شفافیت در امور مختلف سیاسی، اقتصادی و اداری مدنظر پژوهشگران قرار گرفته و به همین، دلیل هر کدام از این دانشمندان بنا بر تخصص و رشتۀ مطالعاتی خود به تعریفی از این اصل پرداخته‌اند. منظور از شفافیت در این مقاله، شفافیت اقتصادی و مالی در ابعاد مختلف آن است. توضیح آنکه، یکی از مهم ترین مسائلی که در فضای اقتصادی دنیا به عنوان یک پیش فرض وجود دارد شفافیت اطلاعات است. دارایی ها و اطلاعات مردم, شرکت ها, سرمایه داران, دولتمردان, فعالان مختلف اقتصادی همه و همه در اختیار دولت ها قرار دارد. با این اطلاعات است که دولت ها می توانند اقتصاد را در کنترل خود داشته باشند. اصل شفافیت نقش کلیدی و بنیادین در پیشگیری از جرایم اقتصادی دارد و در واقع از مصادیق تدابیر پیشگیرانه وضعی و موقعیتی است که سبب می‌گردد تا زمینه‌های ارتکاب جرم از بین رفته و یا کاهش یابند. در این نوشتار با روش تحلیلی تفسیری به بررسی و تحلیل نقش اصل شفافیت در پیشگیری از جرایم اقتصادی خواهیم پرداخت و یافته‌ها حاکی از آنست که ارتقای این شاخص باعث کاهش فرصت‌های ارتکاب جرم شده و نظارت و اعتماد عمومی نسبت به حاکمیت را به دنبال داشته و مشارکت همگانی (مردم و دولت) برای مبارزه با فساد را تقویت خواهد کرد.
Scientific research
Amir Ghaffari; abbas karimi
Abstract
In the last several decades, there have been many new and unprecedented legal problems that have arisen as a consequence of the globalization of commerce and communication, but there are no straightforward answers in the positive law or other legal sources. In this paper, we analyze in depth the subjects ...
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In the last several decades, there have been many new and unprecedented legal problems that have arisen as a consequence of the globalization of commerce and communication, but there are no straightforward answers in the positive law or other legal sources. In this paper, we analyze in depth the subjects governed by laws governing monetary obligations. In order to provide legal solutions to problems faced, a comparative study with western legal systems was conducted. The principal laws applicable to the monetary obligations govern the money of account and payment of the obligation, the valid mode of payment of the monetary obligation, interest, the exchange rate, revalorization, the grounds for the suspension of monetary obligations, the monetary unit currency of each country, determining money when governments are substituted.The incidental laws applicable to the monetary obligations govern the money of payment in the absence of an agreement between the parties, determination of bank holidays, the grounds for suspension of monetary obligations, the currency of the dispositive part of the court's ruling, interest rate in the absence of an agreement between the parties.
Scientific research
gholamnabi feizi chekab; vahid raja
Abstract
The concept of "substantial transformation" plays a vital role in determining the origin of goods produced in multiple countries, significantly impacting the granting of trade preferences and the application of various government measures to these goods. This concept lies at the core of rules of origin, ...
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The concept of "substantial transformation" plays a vital role in determining the origin of goods produced in multiple countries, significantly impacting the granting of trade preferences and the application of various government measures to these goods. This concept lies at the core of rules of origin, serving as a tool to identify the country where a good is truly manufactured. In the complex world of global trade, where global supply chains and multinational production are commonplace, determining the origin of goods has become a significant challenge. The concept of substantial transformation, by emphasizing fundamental changes in the production process, helps address this challenge and promotes transparency and fairness in international trade.Several subsidiary or complementary criteria, including changes in tariff classification, value-added tests, and specific production process criteria, are employed in different legal systems and trade agreements to assess whether a product has undergone substantial transformation and qualifies for origin status.This research aims to examine the concept and application of these criteria in rules of origin systems, with a particular focus on the legal approach in Iran. It will also explore how the concept of substantial transformation and its subsidiary criteria are applied in the World Trade Organization's Agreement on Rules of Origin and the latest draft consolidated text of the Harmonization Work Programme.By analyzing these dimensions, this research will provide a comprehensive insight into how substantial transformation impacts international trade, the determination of the origin of goods, and its broader implications for global trade regulations. The findings of this research can serve as a basis for reforming and improving the laws and regulations related to rules of origin in Iran and other countries.
Scientific research
sayyed mohammad Hadi ghabooli Dorafshan; Mostafa Bakhtiarvand
Abstract
Metaverse is a new market where digital platforms operate. In order to flourish, this market needs competition between existing platforms and the provision of conditions for the entry of new competitors. In the Metaverse market, it is probable that undertakings abuse their dominant economic position. ...
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Metaverse is a new market where digital platforms operate. In order to flourish, this market needs competition between existing platforms and the provision of conditions for the entry of new competitors. In the Metaverse market, it is probable that undertakings abuse their dominant economic position. Verification of this unilateral behavior, which is an example of anti-competitive practices, requires examining the market power of the platforms. The results of this article, written in a descriptive-analytical way, with the aim of investigating how the characteristics of Metaverse affect market power, show that the characteristics of Metaverse, as a digital market, influence market power in a way that makes it different from the market power in the traditional business environment and should be taken into consideration in the antitrust analysis of the behavior of the companies in the Metaverse. The characteristics affecting the market power in the Metaverse include network effects, being based on data, economies of scale, the market being two or multi-sided and the existence of digital ecosystems. These features give the dominant undertakings such market power that they can monopolize the market and prevent the entry of new competitors.
Scientific research
ALIREZA GHADIMI; mostafa salimifar; Ali Akbar Naji Meidani; Saeed Malek Sadati
Abstract
Among the renewable energy sources, using the energy of water resources to run small electric power plants is very important. However, the government's limited ability to execute projects correctly, on time, and with quality has caused the use of new models of private and public sector participation ...
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Among the renewable energy sources, using the energy of water resources to run small electric power plants is very important. However, the government's limited ability to execute projects correctly, on time, and with quality has caused the use of new models of private and public sector participation to be emphasized. Based on the reviewed studies, no comprehensive method was found to model and analyze the results of disputes in PPP contracts. Therefore, an attempt was made to provide a comprehensive model with game theory techniques (symmetric game) to investigate the results of information asymmetry and secrecy of the private party in providing correct income information and as a result of the occurrence of contractual conflicts in these models. The project of the hydro-power plant on the water transmission line from Shirindara dam to Bojnord City using the PPP method was selected as a case study. The results showed that the best game mode for the public sector is when there is no pre-evaluation study plan, there is secrecy and periodic inspection, in which the NPV will be equal to 30,165 million Rials. The best game mode for the private sector is when the study plan does not have pre-evaluation, there is secrecy and no periodic inspection (26,794 million Rials), which in this case The IRR of the plan will be 17%. In the most logical case, i.e. when the project has pre-evaluation studies, there is no concealment and no periodic inspection, the IRR of the project for the private sector was 15% and the NPV of both parts is the same.
Scientific research
zahrasadat mortazavi; seyed mostafa mohaghegh damad; mohammad taghi rafiei
Abstract
Taking into account the globalization of the economy and the interrelationship between the knowledge of law and economics, today we are witnessing the redefinition of historical economic concepts and standards with new criteria. Thus, in Iranian law, whose legislative system originates from Imamiyyah ...
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Taking into account the globalization of the economy and the interrelationship between the knowledge of law and economics, today we are witnessing the redefinition of historical economic concepts and standards with new criteria. Thus, in Iranian law, whose legislative system originates from Imamiyyah jurisprudence, attention to comparative studies is of special importance, which requires the dynamic of jurisprudence issues even more than before. In the meantime, endowment of securities as a subject is involved in some disagreements. However, despite the existence of some arguments in Imamiyyah jurisprudence, such as the non-identity of securities, the contradiction of benefiting from them with the survival of the subject, in this research, which is based on library information along with developed comparative reasoning, it has been determined that the Rationally, the non-limitation of the endowment conditions in the Shari'ah, and the reference to the generality of the proofs of authenticity, prove the possibility of this issue. In the meantime, it is also possible to justify the endowment of securities by referring to the economic principles of reliance cost and outcome-oriented and based on works such as the role of endowment in reducing inequality and its importance in productivity growth, from the point of view of economic rights.
Scientific research
Rahim Nobahar; Fatemeh Saffari
Abstract
The optimization of resources allocated to the criminal justice system of the Islamic Republic of Iran depends on modifying the structure of resource distribution among different parts of this system and determining the optimal share of each section. Relying on economic approach to law and analysis of ...
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The optimization of resources allocated to the criminal justice system of the Islamic Republic of Iran depends on modifying the structure of resource distribution among different parts of this system and determining the optimal share of each section. Relying on economic approach to law and analysis of available data and statistics,the present study tries to provide a suitable solution for the optimal distribution of limited resources among the unlimited needs of the criminal justice system. The findings of this study show that paying attention to the court's budget and providing sufficient resources is a primary need. Also, it is necessary to pay more attention to the execution of the punishment.To reduce the costs of the criminal justice system, the certainty of punishment should not be impaired.By revising programs and policies of the criminal justice system based on cost and efficiency and reducing the use of high-cost, low-return policies, the costs of the system can be controlled. In addition, crime prevention should not be neglected. It is necessary to propose a set of performance indicators for courts and prison management. According to the performance of each section, which is evaluated based on the performance indicators, the optimal budget should be allocated. Consequently, in addition to greater attention to performance, the distribution of resources among different parts of the criminal justice system becomes efficient. Allocating resources to crime prevention should be based on the number of scientific preventive programs.
Scientific research
Leili Niakan; Zeinab BehboodiRad; Ali Souri
Abstract
Insurance industry as a financial institution has a specific role in economic growth and development. Therefore, the stability and efficiency of this industry is essential for the Economy. The insurance market is one of those markets where the actions of free agents does not lead to efficiency and is ...
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Insurance industry as a financial institution has a specific role in economic growth and development. Therefore, the stability and efficiency of this industry is essential for the Economy. The insurance market is one of those markets where the actions of free agents does not lead to efficiency and is subject to market failure. The issue of market failure has provided justifications for the intervention of the government through the establishment of regulations in order to increase social welfare. Some economists have introduced theories to explain the necessity of regulations by the government. Among these theories are the public interest theory, capture theory, the economic theory of regulation and the Enforcement Theory of Regulation. Considering the existence of many rules and regulations in Iran's insurance industry, this research seeks to investigate the reasons for regulations in this industry according to the theories of regulation. In other words, which regulation theory has a better explanation for regulation in Iran's insurance industry? Were the regulations made in line with the public interest or the product of the efforts of interest groups to achieve their goals?For this purpose, the main regulation theories have been reviewed and the regulatory process in Iran's insurance industry has been studied. In the following, based on the evidence, the theory that has the most compliance with the reasons for the regulations made in Iran's insurance industry has been identified. The analyzes showed that the theory of public interest provides the most appropriate framework to explain the regulations of the Iranian insurance industry.
Scientific research
Banking law
soran rashidi; Seyed Mohammadreza Miri Lavasani; Mehdi Montazer
Abstract
The purpose of this study is to identify legal risks in the banking industry and provide a model for managing these risks. In this regard, the research method is integrated (qualitative and quantitative). The qualitative part of the research was conducted using foundational data theory and through semi-structured ...
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The purpose of this study is to identify legal risks in the banking industry and provide a model for managing these risks. In this regard, the research method is integrated (qualitative and quantitative). The qualitative part of the research was conducted using foundational data theory and through semi-structured in-depth interviews with 15 banking experts through purposive sampling. The results of the three stages of open, central and selective coding in the qualitative part state that the formation of legal risks is a function of causal conditions, background conditions and intervention. Based on this, as a result of these interactions, three general forms of risk were identified, including strategic legal risks, operational legal risks, and transactional legal risks. These risks have adverse consequences, including financial crimes, weakening of public relations, prosecution, increased financial losses, violation of laws and regulations, and decreased customer satisfaction. The quantitative part of the research was also done with the partial least squares approach. The statistical sample in the quantitative section is 100 managers and employees of the banking sector. Based on this, the designed model has been approved in the qualitative section. Therefore, according to the 17 identified strategies for managing these risks, it is concluded that by recognizing and managing legal risks in the banking sector, it is possible to prevent adverse consequences and financial losses for banks.
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