Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 173-185 |
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Zeratkar Moghani S, Mirabbasi S B, Asgarkhani A M, Moradi M. Utilizing the Platform and Sub-Platform of the Common Heritage of Humanity in the Light of Maritime Knowledge and
Intellectual Property Rights. MLJ 2022; 16 :173-185
URL: http://ijmedicallaw.ir/article-1-1546-en.html
URL: http://ijmedicallaw.ir/article-1-1546-en.html
1- Department of International Law, Qeshm International Unit, Islamic Azad University, Qeshm, Iran.
2- Department of Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran, tehran university
3- Department of Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
4- International Department, Qeshm International Unit, Islamic Azad University, Qeshm, Iran.
2- Department of Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran, tehran university
3- Department of Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
4- International Department, Qeshm International Unit, Islamic Azad University, Qeshm, Iran.
Abstract:
Background and Aim: Exploitation of the common heritage of humanity in the light of maritime knowledge is one of the important topics that are rarely discussed and in this paper; an attempt is made to examine how the transfer of maritime technical knowledge can be analyzed under the protection of intellectual property rights.
Method: This paper is descriptive and analytical, using the library method.
Ethical Considerations: In all stages of writing the present research paper, the originality of the text, honesty and trustworthiness have been observed.
Results: Although according to the rule of the common heritage of human beings, the exploitation and use of the existing wealth of the seas belongs to all mankind, despite the support of intellectual property for the transfer of maritime knowledge, it is not possible to exploit the common heritage of mankind for everyone, and there is a kind of conflict between the transfer of maritime technical knowledge according to intellectual property rights on the one hand and the rule of the common heritage of humanity on the other hand. This means that the transfer of maritime knowledge is the monopoly of developed countries and many of these countries cannot afford to buy and use these technologies, therefore, maritime knowledge under the protection of intellectual property rights causes the monopoly of maritime technical knowledge and thus prevents the transfer of maritime technical knowledge.
Conclusion: It is necessary to take a middle approach that in the framework of intellectual property, protection of marine knowledge is done on the basis of selective support that is different from other categories of intellectual property both in terms of time and in terms of strictness, in a way that does not completely limit the realization of the principle of the common heritage of humanity.
Please cite this article as:
Zeratkar Moghani S, Mirabbasi SB, Asgarkhani AM, Moradi M. Utilizing the Platform and Sub-Platform of the Common Heritage of Humanity in the Light of Maritime Knowledge and Intellectual Property Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e13.
Method: This paper is descriptive and analytical, using the library method.
Ethical Considerations: In all stages of writing the present research paper, the originality of the text, honesty and trustworthiness have been observed.
Results: Although according to the rule of the common heritage of human beings, the exploitation and use of the existing wealth of the seas belongs to all mankind, despite the support of intellectual property for the transfer of maritime knowledge, it is not possible to exploit the common heritage of mankind for everyone, and there is a kind of conflict between the transfer of maritime technical knowledge according to intellectual property rights on the one hand and the rule of the common heritage of humanity on the other hand. This means that the transfer of maritime knowledge is the monopoly of developed countries and many of these countries cannot afford to buy and use these technologies, therefore, maritime knowledge under the protection of intellectual property rights causes the monopoly of maritime technical knowledge and thus prevents the transfer of maritime technical knowledge.
Conclusion: It is necessary to take a middle approach that in the framework of intellectual property, protection of marine knowledge is done on the basis of selective support that is different from other categories of intellectual property both in terms of time and in terms of strictness, in a way that does not completely limit the realization of the principle of the common heritage of humanity.
Please cite this article as:
Zeratkar Moghani S, Mirabbasi SB, Asgarkhani AM, Moradi M. Utilizing the Platform and Sub-Platform of the Common Heritage of Humanity in the Light of Maritime Knowledge and Intellectual Property Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e13.
Type of Study: Original Article |
Received: 2022/08/20 | Accepted: 2022/12/24
Received: 2022/08/20 | Accepted: 2022/12/24
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