Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 576-595 |
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Birjandian E, Motavalizadeh Naeini N, Rostaei Sadrabadi H, Barghi M M. Jurisprudential and Legal Analysis of Protecting Drug
Inventors in Employment Contracts. MLJ 2024; 18 (59) :576-595
URL: http://ijmedicallaw.ir/article-1-1779-en.html
URL: http://ijmedicallaw.ir/article-1-1779-en.html
Elnaz Birjandian * 
1, Nafiseh Motavalizadeh Naeini1 
, Hamid Rostaei Sadrabadi1 , Mohammad Mehdi Barghi1
1, Nafiseh Motavalizadeh Naeini1 , Hamid Rostaei Sadrabadi1 , Mohammad Mehdi Barghi1
1- Department of Law, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran.
Abstract:
Background and Aim: Today, one of the most important issues in the field of intellectual property rights and economics is inventions. Some inventions, such as the invention of medicine, are of great importance because they also affect the health and hygiene of society. In most cases, inventors work under contract for natural or legal persons, such as knowledge-based companies, in order to obtain laboratory facilities and due to limited financial resources. In this research, we seek to answer the question of what rights do scientists and inventors have in these contracts?
Method: This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and referring to documents.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The rule of harmlessness and the rule of necessity to maintain order require that measures be devised in both laws and judicial practice to protect inventors in pharmaceutical employment contracts. The employer has duties towards the inventor, such as paying compensation, receiving the invented medicine and respecting intellectual property rights. Therefore, in employment contracts, even if the product belongs to the employer, the intellectual property rights related to the invented drug belong to the inventor.
Conclusion: According to the presented material, it can be said that protecting inventors in pharmaceutical employment contracts is achieved by explaining specific contractual patterns or establishing laws, as well as guiding judges to uphold the rights of scientists. It is necessary to include a bonus for inventors in pharmaceutical employment contracts to ensure their interests are protected.
Please cite this article as:
Birjandian E, Motavalizadeh Naeini N, Rostaei Sadrabadi H, Barghi MM. Jurisprudential and Legal Analysis of Protecting Drug Inventors in Employment Contracts. Medical Law Journal. 2024; 18: e40.
Method: This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and referring to documents.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The rule of harmlessness and the rule of necessity to maintain order require that measures be devised in both laws and judicial practice to protect inventors in pharmaceutical employment contracts. The employer has duties towards the inventor, such as paying compensation, receiving the invented medicine and respecting intellectual property rights. Therefore, in employment contracts, even if the product belongs to the employer, the intellectual property rights related to the invented drug belong to the inventor.
Conclusion: According to the presented material, it can be said that protecting inventors in pharmaceutical employment contracts is achieved by explaining specific contractual patterns or establishing laws, as well as guiding judges to uphold the rights of scientists. It is necessary to include a bonus for inventors in pharmaceutical employment contracts to ensure their interests are protected.
Please cite this article as:
Birjandian E, Motavalizadeh Naeini N, Rostaei Sadrabadi H, Barghi MM. Jurisprudential and Legal Analysis of Protecting Drug Inventors in Employment Contracts. Medical Law Journal. 2024; 18: e40.
Type of Study: Original Article |
Received: 2024/02/7 | Accepted: 2024/07/25
Received: 2024/02/7 | Accepted: 2024/07/25
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