Scientific research
Mansour Khalili Araghi; Yazdan Gudarzi Farahani
Abstract
This paper aims to study the relationship between intellectual property and patent and economic growth in Islamic countries for the period of 1990 – 2010. This theoretical basis of the model is constructed on economic growth models in 1990s. The technique which we employed is the index of patents to ...
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This paper aims to study the relationship between intellectual property and patent and economic growth in Islamic countries for the period of 1990 – 2010. This theoretical basis of the model is constructed on economic growth models in 1990s. The technique which we employed is the index of patents to measure the impact on economic growth. To analysis this relationship we use “Pedroni Cointegration” method and FMOLS estimation. The results indicate that intellectual property and protection of patent has a positive and significant impact on economic growth. Furthermore, it has been found a casual relationship between degree of economic openness, ICT, human development and economic growth. Hence, we conclude that the more protection of intellectual property the more economic growth.
Scientific research
Mahdi Shahabi; Azadeh Masoudipour
Abstract
Economic analysis of law is a new approach in law that emerged in the early 1960's and its main purpose is managing the rules of the legal system in a way to achieve economic efficiency. This approach has been influential in all the areas of law including the law of civil liability and follows to set ...
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Economic analysis of law is a new approach in law that emerged in the early 1960's and its main purpose is managing the rules of the legal system in a way to achieve economic efficiency. This approach has been influential in all the areas of law including the law of civil liability and follows to set up the compensation system based on some principles to minimize the costs resulting from damages.
This paper first uses the analytical method and tries to describe the theoretical framework of the economic fault and afterward follows up to explain how it is emerged in the case law.
Economic analysis of civil liability law examines the basis of liability by using normative and positive approaches and evaluates the capability of each approach to obtain economic efficiency and at the end chooses the economical fault as the basis of liability from the viewpoint of both approaches; a choice that is able to prevent the undesirable consequences of strict liability on economy, hence the economic analysis of law leads to the revival of fault in the civil liability system.
Scientific research
Mohammad Abedi
Abstract
Penalty clause or liquidated damage which is formerly agreed between parties is legally examined and accepted as a rule. Although judge could in some circumstances modify this stipulation. Yet its economic analysis which is focused on economic efficiency can be considered as a “major unexplained puzzle ...
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Penalty clause or liquidated damage which is formerly agreed between parties is legally examined and accepted as a rule. Although judge could in some circumstances modify this stipulation. Yet its economic analysis which is focused on economic efficiency can be considered as a “major unexplained puzzle in the economic theory of law”.
This article compares the major legal systems in the case of penalty clause with the comparative method and analyzes the advantages and disadvantages of penalty clause with the descriptive and analytical research method.
This article tries to deeply appraise the invalidation of the penalty clause and introduce an intermediate solution penalty clause whit some exceptions in special circumstance, as a principle give rise to justice and economic efficiency.
Scientific research
Mahmood Bagheri; Mohammad Sadeghi
Abstract
Hisba is a regulatory regime in Islamic law which could be a base for Islamic economic regulation but has been neglected for centuries. The protection of integrity of the market and competition is a prominent economic and legal objective in modern economies. However, the focus in the Islamic law has ...
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Hisba is a regulatory regime in Islamic law which could be a base for Islamic economic regulation but has been neglected for centuries. The protection of integrity of the market and competition is a prominent economic and legal objective in modern economies. However, the focus in the Islamic law has been on the bipolar relations among the individuals in the form of law of contract or law of tort. As such there has been little attention towards Hisba which is a nongovernmental public institution for regulation of market. The current paper is seeking to elaborate the role of this institutions in terms of maintaining competition in the market on the basis of Islamic law. This paper shall partly introduce the Hisba and its potentials as a regulatory institutions for regulating market in general and shall then examine the use of this institution to build up a legal regime based on Islamic law and principles for regulation both contestable markets (competition law) and regulating non contestable markets (sector regulation) in the Islamic countries.
Scientific research
Sayyed Mohammad Mahdi Qabuli Dorafshan; Hamid-Reza Danesh Nari; Ali Saatchi
Abstract
Trade secrets has an important role in economic growth and development of economic competition. However ,one of the challenges in this sphere is the emergence of economice spionag. Increasing growth of economic espionage causes to emerge a new phenomenon which is called information terrorism. So the ...
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Trade secrets has an important role in economic growth and development of economic competition. However ,one of the challenges in this sphere is the emergence of economice spionag. Increasing growth of economic espionage causes to emerge a new phenomenon which is called information terrorism. So the mechanism of protection of the trade secretsincivil and criminal law is necessary for economic growth and protection of intellectual creaters.
This study using analytical – descriptive, analayses protection of trade secret in civil and criminal law in the americam and iranian legal systems.
Findings of this study shows that protection of trade secret in iranian legal system, is challenged. The lack of special civil rules and introduction to general principles and sporadic criminalization of trade secret theft whitout attention to penological approaches, are some challenges. On the other hand, according to comparative findings, the a merican legal system by using reasanable civil and criminal rules seeksfurther tosupportholders of trade secrets.
Scientific research
Saeed Mohseni; Mostafa Karimzadeh
Abstract
The most important obligation of the carrier of the goods is to deliver it safe, perfect and well timed to the destination. Obviously the loss, missing and delay of the deliver of goods to the destination leads to carrier’s liability. In this paper we examine the calculating method of compensation ...
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The most important obligation of the carrier of the goods is to deliver it safe, perfect and well timed to the destination. Obviously the loss, missing and delay of the deliver of goods to the destination leads to carrier’s liability. In this paper we examine the calculating method of compensation and its maximum and its exceptions in international contracts that involved of cmr convention. Criterion of calculating of the compensation resulting from missing and loss is the value of the goods at the place and time of delivery of them to carrier at which equals 8.33 SDR per one kilogram of good’s gross weight. Also the maximum compensation resulting from the delay is equal to the fare of carriage. Of course this maximum amount of compensation has not been regarded in these situations: the sender has noted a higher value for goods in the consignment, or has provided special interest about delivery of the goods in the consignment and also when carrier or his servants commit intentional misconduct or commit default equivalent to intentional misconduct.
