Volume 10 - Special Issue of Intellectual Property Law                   Medical Law Journal 2017, 10 - Special Issue of Intellectual Property Law: 77-118 | Back to browse issues page

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Mirshamsi M H. Integration of IRAN legislature's Approach with International Regulations in field of Literary and Artistic Property Law. Medical Law Journal. 2017; 10 (S5) :77-118
URL: http://ijmedicallaw.ir/article-1-642-en.html
دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبائی، تهران، ایران

In literary and artistic property law, according to the principle of independence of sovereign governments, each nation, according to local conditions and requirements and considered policies, regulatory for the protection of creators of literary and artistic works and of holders of neighboring rights. However, differences in national laws due to differences in approaches, policies and his developing level them, causes dispersion and dispersion dealing with literary and artistic works and activities in the field of science, literature and art is made; for countries to draw up their national interests with the same thing, different behavior, as a result, the holder of the rights (including author or neighboring rights owner) depending on the applicable laws, of different protections and enforcements will be uneven. Less bilateral treaties and international multilateral conventions most treatments for this disorder rules at the global level. Berne and Rome conventions is the first and most important international regulations in the field of copyright and related rights are gone, and membership of a large number of countries (respectively 172 and 92) succeed in order to create international uniform standards and norms and uniting of national laws in the countries. TRIPs agreement and WIPO internet treaties also confirming provisions of both conventions and adding necessary provisions, including provisions to suit the digital space, proximity between national laws. Iran did not be joined to any international regulations concerning literary and artistic property, also at the national level, acts in these field has not been reformed and fundamental changes and has not been adapted to technological changes. However, literary and artistic property law bill the aggregation provisions of copyright and related rights, with international regulations specially WIPO internet treaties, as regard to the protection of works, performances and phonograms both in real space and in cyber space on several occasions has integration and coordination and have its final adaptation by the legislature could be approximate Iran's national law to international law and standards of the World intellectual property organization in field of copyright.

Type of Study: Original Article |
Received: 2016/05/30 | Accepted: 2016/11/21

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