Document Type : Scientific Research
Authors
Abstract
New Codifications in this field and joining to the conventions and international agreements are the main steps which countries have taken. Although, it still remains as a challenge to accept intellectual property institution in Islamic jurisprudence, but there are lots of jurisprudential rules supporting this branch of law. In Iranian law, according to the particular way of codification and the sources of laws like Islamic jurisprudence, the basis of protection of Author’s right are mainly connected to the basis of the Intellectual property law. Protecting author’s right with institutions like tort law or loss compensation and also studying author’s right in Islamic jurisprudence with the approaches of jurisprudence scholars such as the basis of work and interest, are the issues that are so significant in recognition of such rights. In this paper, we have discussed the jurisprudential and legal basis of intellectual property law and then we have discussed the role of author’s right and defenses that Islamic Jurisprudence and Iranian law have done for such a right. In this research, with the studies in the sources of law and Islamic jurisprudence, we are going to conclude that author’s right in Iranian law should be considered as a new legal institute and despite of other legal institutes like tort law and loss compensation, which can be used to defend this right, we should think of some criteria for protection of author’s right in intellectual property law, specially after accepting intellectual property law as a right and enacting laws and regulation in this field. And if it is necessary, we should provide some special protections of author’s right in the Law.
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