Civil liability in competition law and intellectual property law in Islamic law and the European Union

Subject Areas :

yahya mirzamohammadi fard garakhanlou ¹ , naser masuodi ² , مصطفی نوراللهی ³

1 - islamic azad university of maraghe
2 - Assistant Professor of Private Law, Islamic Azad University, Tabriz Branch, Iran
3 - استادیار گروه حقوق، دانشگاه خاتم، تهران، ایران.

Received: 2022-11-07 Accepted : 2023-03-08 Published : 2023-05-22

Keywords: competition, Islamic law, Civil liability, Intellectual Property, EU Law,

Abstract :

Due to the many formal and substantive differences in competition law and its consequent impact on intellectual property, it has been very difficult to achieve international coordination in this area. In today's civil liability systems, pure and proxy responsibilities are increasing day by day, while such a responsibility does not have much deterrent effect, because in pure liability, a person who is cautious may still be held responsible, and in proxy liability, such as The fault is committed by another person, the person in charge, no matter how careful, can not prevent the damage. Personal responsibility is also based on objective guilt in many cases, they can not help prevention. The Civil Liability Law in 1339, by inserting Article 8, declared any damage to the dignity and credibility of individuals to be claimable. In 1983, the Law on Penalties for Conspiracy and Fraud in Business and Commerce allocated Articles 120 to 125 to this issue. With the approval of the section on punishments and deterrents to the Islamic Penal Code in 1375, only Articles 529 and 530 have been mentioned regarding forgery. EU law also provides for civil liability in competition law and intellectual property rights, and provides for remedial action for damages resulting from errors and omissions. This article seeks to examine the issue of civil liability in competition law and intellectual property law in Islamic law and the European Union in a descriptive-analytical manner.