The Universality of Intellectual Property Rights with an overview of Iranian Law

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

ayoub milaki ¹ , Mehdi Hadavand ² , Mohammad Darabi ³

1 - Assistant Professor of Law, Campus Branch, Islamic Azad University, Campus, Iran. [e-mail]
2 - ** Assistant Professor, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran. (Corresponding Author ): mehdihadavandd@gmail
3 - Master of International Law, Faculty of Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran. [e-mail]

Received: 2021-12-18 Accepted : 2022-01-18 Published : 2021-11-22

Keywords: Globalization, The law of Intellectual property, International Governance, Domestic Governance, Conflict of rights,

Abstract :

Globalization has had its effects on all areas of human life, including various fields of jurisprudence. The globalization of intellectual property rights and their effects in the legal system of many countries can be exempted from this challenge, but in Iran due to the conflicting views of some jurists by limiting the scientific, literary and artistic fields and somehow monopolizing it to some extent, which presented a serious challenge in accepting this branch of science in the legal system. Recourse to universal methods for applying formal and substantive rules of intellectual property rights and the influence of modern legal systems on global legislative treaties and finally the texts that have forced this branch of law to follow the universal rules of intellectual property rights, is a fact that cannot be ignored. Therefore, the commitments of governments, including Iran, in terms of intellectual property rights are to the result that its tools have been provided for the states for many years with the joint cooperation of specialized institutions of the World Trade Organization. In this article the descriptive-analytic method was adopted, and we tried to clarify the concept of Globalization and its connection to intellectual property was explained, then after analyzing the reasons that advocates and opponents set out; we considered the obstacles in this area. In this regard, the Iranian government must abandon the old interpretations of jurisprudence and deal with a new understanding of the effects of globalization on intellectual property rights as a fact.