Volume 10 - Special Issue of Intellectual Property Law
MLJ 2017, 10 - Special Issue of Intellectual Property Law: 313-349 |
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Pakseresht M H, Babaie D, Mashhadi A. Intellectual property mechanisms in support of performers of works of art with emphasis on employment contracts. MLJ 2017; 10 (S5) :313-349
URL: http://ijmedicallaw.ir/article-1-1308-en.html
URL: http://ijmedicallaw.ir/article-1-1308-en.html
Abstract:
Abstract
Background and Aim: One of the issues that have been raised in recent years regarding the protection of the rights of performers of works of art in modern legal systems is the inclusion of intellectual property rights in the relations between the parties in the employment relationship in this area.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: In this regard, despite the differences in jurisprudence and law on intellectual property rights, as well as the employment contract, which is the source of differences between the two conflicts or the lack of rules in jurisprudence, has created challenges. Regarding the employment contract with the seal of approval of the Honorable Guardian Council on the government bill in 1990, the task of the said law was clarified and it is still valid today. In the field of intellectual property, despite these challenges, pre-revolutionary laws as well as laws passed in recent years have entered areas of intellectual property rights.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In the domestic laws of Iran, the only law that implicitly refers to the rights of performers is the Law on Translation and Reproduction of Books, Publications and Audio Works of 1352, which in Article 3 itself copies or records and reproduces audio works without the permission of copyright owners or exclusive producers or The deputy has banned them from selling. After the laws are passed, protection in the form of contracts continues. The inclusion of the condition of productivity of intellectual property rights in employment contracts is legally justified and legitimate, but it faces gaps in the rights of practitioners of works of art.
Background and Aim: One of the issues that have been raised in recent years regarding the protection of the rights of performers of works of art in modern legal systems is the inclusion of intellectual property rights in the relations between the parties in the employment relationship in this area.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: In this regard, despite the differences in jurisprudence and law on intellectual property rights, as well as the employment contract, which is the source of differences between the two conflicts or the lack of rules in jurisprudence, has created challenges. Regarding the employment contract with the seal of approval of the Honorable Guardian Council on the government bill in 1990, the task of the said law was clarified and it is still valid today. In the field of intellectual property, despite these challenges, pre-revolutionary laws as well as laws passed in recent years have entered areas of intellectual property rights.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In the domestic laws of Iran, the only law that implicitly refers to the rights of performers is the Law on Translation and Reproduction of Books, Publications and Audio Works of 1352, which in Article 3 itself copies or records and reproduces audio works without the permission of copyright owners or exclusive producers or The deputy has banned them from selling. After the laws are passed, protection in the form of contracts continues. The inclusion of the condition of productivity of intellectual property rights in employment contracts is legally justified and legitimate, but it faces gaps in the rights of practitioners of works of art.
Keywords: Intellectual Property, Executor, Works of Art, Employment Contract, Collective Labor Agreement
Type of Study: Original Article |
Received: 2017/03/5 | Accepted: 2020/10/26
Received: 2017/03/5 | Accepted: 2020/10/26
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