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Somayeh Azadbeigi,
Volume 6, Issue 0 (Special Issue of Intellectual Property Law 2013)
Abstract

Authors have some economic rights that are assignable. In many cases assignment of these rights is done by contract, but Iranian legislator don’t insert any article about this subject in 1969 ACT. This gap causes some practical problems, Although general principals in contract law have complementary role in this respect but as intellectual property right have specific nature, it is necessary for legislator to foreseen some ad hoc provision in shape of article in relevant ACT.


Somayeh Azadbeigi,
Volume 8, Issue 0 (Special Issue of Intellectual Property Law 2015)
Abstract

The establishment of collective management organizations (CMO) has been envisaged in draft of comprehensive act for protection of literary and artistic ownership and related rights by the Ministry of Culture and Islamic Guidance of Iran. At the moment, no such organizations or similar institutions exist in Iran. Due to the lack of legislative background as well as lack of practice of such organizations, and particularly due to the importance of CMOs in commercialization of the works that are subject to copyright and related rights, it is necessary that their structures and functions are determined by law. Since CMOs manage the rights of the creators and the Ministry is the authority to provide the protection for the right holders, it is essential that the role of the Ministry of culture and Islamic guidance is clarified in connection with the establishment, structures and functions of CMOs. In this context, the experience of the states such as France because of their similarities with the Iranian legal system is of particular importance. This article tries to examine the establishment process, structures and functions of CMOs in France and analyze their implications to ministry of Culture and Islamic Guidance of Iran.



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