The Principle of Immediacy in Legal Sanctions for the Violation of Fashion Designers’ Intellectual Property Rights

Subject Areas : Legal Studies of Cyberspace

Leila Aalikhani ¹ ( Ph.D. Student in Criminal Law and Criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran. )
Saeid Habiba ² ( Professor, Faculty of Law and Political Science. Tehran University . Tehran. Iran )
Hasan Alipuor ³ ( Assistant Professor, Department of Criminal Law and Criminology. Farabi Campus. Tehran University. Tehran. Iran )
Mohammadreza Elahimanesh ⁴ ( Assistant Professor, Department of Criminal Law and Criminology. North Branch. Islamic Azad University. Tehran. Iran )

Received: 2023-02-28 Accepted : 2023-06-17 Published : 2023-06-25

Keywords: Principle of Immediacy, Principle of Accuracy, Collateral Sanctions, Criminal Sanctions, Civil Sanction,

Abstract :

The principle of immediacy in legal sanctions is conflicting and relative concept. Conflicting, because it seeks to legal sanction performance in short time to prevent crime from continuity and keep victim and community from hurt. On the other hand, for imposition of legal sanctions determined by judge and not the law due time for the purpose of judicial accuracy and assessment is needed; and issue that may be impacted by the principle of immediacy. Relative, because the principle is not recommended in all of legal sanctions or stages. Although collateral sanctions (social) and professional (administrative) need to be performed immediately, but criminal and civil sanctions need accuracy and evaluate. Balance between different sanctions particularly for protecting fashion designer sights is necessary. Like some of intellectual property subjects, violation of the rights of fashion designers result in losing of the designer’s moral and material rights. Therefore, waiting for explanation of charge, trial and legal sanctions performance of the accused is not compatible with the victim and criminal-based justice goals. In turn, immediacy in legal sanctions performance with the purpose of the prevention of violation of the creators’ rights may be more efficient than resorting to criminal sanctions. The present research employs descriptive and library methods assessing the efficiency of the principle of immediacy in protecting the designers’ IP rights whereby it concludes that compound performance of legal sanctions from the beginning to end, based on subject and nature, can be effective so that before trial, the principle of immediacy governs and, is dominate and during the trial, the principle of accuracy.