property

Open Access Article

1 - Experience of university cooperation with industry in the USA
Mostafa Amini

University-industry cooperation is a global challenge and countries have tried to solve this challenge in various ways. Therefore, the study of global experiences can guide the country in choosing the right path of university cooperation with industry. The United States More

University-industry cooperation is a global challenge and countries have tried to solve this challenge in various ways. Therefore, the study of global experiences can guide the country in choosing the right path of university cooperation with industry. The United States is one of the countries that has tried to solve this challenge by advancing strategies and improving the university-industry relationship. Important steps by the United States to increase cooperation between academia and industry include the passage of the Bayh-Dole Act, the Technology Transfer Act, the allocation of tax exemptions for research and development at the university, the reduction of the federal budget and the establishment of intermediaries for its allocation and unlimited royalties. It is an invention. Manuscript profile

Open Access Article

2 - Iran Scientific and Industrial Research Organization and its governing role in promoting the country's technology ecosystem
Hassan Ali Ozgoli

The Scientific and Industrial Research Organization of Iran - as one of the first scientific and technological institutions resulting from the Islamic Revolution - was established in 1980. The tasks and goals of this organization are based on the creation and developmen More

The Scientific and Industrial Research Organization of Iran - as one of the first scientific and technological institutions resulting from the Islamic Revolution - was established in 1980. The tasks and goals of this organization are based on the creation and development of technology and support for innovators and technologists, whose achievements have inspired other scientific and research centers in the country. In the path of technological research, from the stage of idea creation to the production of a product or the development of a business process, various stages must be taken, during which the researcher or technology needs different types of support. The support provided by the Scientific and Industrial Research Organization of Iran in this regard includes facilitating the implementation of processes by creating appropriate systems and platforms and providing the necessary hardware and software facilities. Also, at present, the most extensive support program has been crystallized in the organization's science and technology campus. Since its establishment, this complex has received more than 300 units and now more than 140 technology companies are present in this complex, presenting more than 600 technologies in the form of products or services. Iran Scientific and Industrial Research Organization with more than 40 years of successful experience in the field of science and technology, in its second evolutionary step seeks to open new horizons to meet the needs of society in the field of science and technology, اثر effective role To play in the development of the country's knowledge-based economy. Manuscript profile

Open Access Article

3 - Resale of Goods in Convention on Contracts for the International Sale of Goods and Possibility of Its Justification based on Property Seizure of Debtor in Iranian Law and Jurisprudence
Elham Shariati Najafabadi Abbas Karimi

Resale of goods, by virtue of the Article 88 of UN Convention on Contracts for the International Sale of Goods (CISG) is a non-judicial practice and an exception that in addition to preventing incurrence of losses, is a solution to the undecided state of contracts witho More

Resale of goods, by virtue of the Article 88 of UN Convention on Contracts for the International Sale of Goods (CISG) is a non-judicial practice and an exception that in addition to preventing incurrence of losses, is a solution to the undecided state of contracts without having to nullify the previous contract. This paper intends to study the possibility of justification of this practice based on Iranian law. The author has applied an analytical, descriptive and comparative method to first understand the resale of goods according to the Convention, and identify similar institutions in Iranian law and jurisprudence. Seizure of property of debtor is among the cases that can justify resale of the property accordingly. Manuscript profile

Open Access Article

4 - Mortgage of Jointly Owned Property in the Jurisprudence of Five Religious Schools of Law and in Iranian Law
Saeed Farsad

Abstract: Mortgage of jointly owned property (indivisum) is permissible according to Imamiyah, Maliki, Shafi’i, and Hanbali (except Hanafi) schools of Law because it is an instance of the rule of dominion. This is because conclusion of the mortgage contract does not mea More

Abstract: Mortgage of jointly owned property (indivisum) is permissible according to Imamiyah, Maliki, Shafi’i, and Hanbali (except Hanafi) schools of Law because it is an instance of the rule of dominion. This is because conclusion of the mortgage contract does not mean possession of the jointly owned property. It is clear that submission of the jointly owned property to the mortgagee, in cases where it requires possession of the shares of the other partners, requires obtaining their consent. In cases where the mortgager submits the property to the mortgagee without the consent of the other partners, he shall be considered legally responsible for that. However, in cases where the submission of property means evacuation, the submission of the property does not mean possession of the shares of other partners, thus according to the jurisprudence of the above-said schools of law it does not need their consent for evacuation. This paper intends to study these issues in the jurisprudence of the abovementioned five schools of law and in the Iranian law. Manuscript profile

Open Access Article

5 - Jurisprudential and Legal Investigation of Digital Data Value and Ownership in Cyberspace
Seyed Alireza Foroughi Asma Hosseinzadeh Sereshki

Abstract: In this study, we have classified digital data into three groups to precisely investigate digital data value and ownership: (1) Digital data with foreign likeness. Cyberspace is an environment for intellectual property such as computer software that are availa More

Abstract: In this study, we have classified digital data into three groups to precisely investigate digital data value and ownership: (1) Digital data with foreign likeness. Cyberspace is an environment for intellectual property such as computer software that are available as digital data. (2) Big data that is naturally realizable outside the network but is available in cyberspace since it is large in volume and time-consuming for external handling. (3) Data such as domain and web hosting that are instruments for cyberspace and there is no foreign likeness for them and they have been created according to the requirements of the cyberspace. The value of the digital data is determined by the data’s economic value on one hand, and on the other hand, by inference to the types of properties in Fiqh and Islamic law. Ownership, too, in the context of full claim on digital data is acceptable due to the advantage of possessing it. In this study, we have studied each category under a certain legal system with respect to the characteristics of each category and qualities of properties according to Fiqh and Islamic law: The first and second groups – as intellectual rights – are placed under the principle of intellectual property and its rules of ownership. Cyberspace instruments shall be considered as the infrastructures such as hardware and the resulting benefits as well as ownership of such data will be investigated under civil property system. Manuscript profile

Open Access Article

6 - The Interaction between Jurisprudence and Morality in the Bases of Organs Transplant
Mohsen Malek Afzali Ardakani

Nowadays the problems that related to the organs transplantation, is one of the most complicated juridical and legal issues. By studying the bases of organs transplants, we realize that juridical and moral documents and their interaction sometimes could cause different More

Nowadays the problems that related to the organs transplantation, is one of the most complicated juridical and legal issues. By studying the bases of organs transplants, we realize that juridical and moral documents and their interaction sometimes could cause different and paradoxical theories. The pure juridical view of jurists creates three bases, known as "domination", "national property" and "legislative property". The permit of almost any kind of organs transplantation is the consequence of these three juridical theories. On the other side, the theory of "trusteeship" or "God's absolute ownership for organs of human body" is caused by moral approach on this topic. That does not permit any kind of Manipulation on organs of human body and introduce the human as a guardian and preserver of his body. This article is to study both of those approaches from the prospective of jurisprudence and morality and deducts that each one is related to other, and cannot be considered alone. Manuscript profile

Open Access Article

7 - Criminal Sanction of infringement of Trade Secrets, in the imamiyya Jurisprudence, Iranian and united states Laws
ali bigzadeh Jafar Kousha seyed bagher mirabbasi

Trade secrets are among the most valuable branches of intellectual property, which, like material possessions, need to be protected from any aggression or abuse of individuals. Therefore, the preservation and protection of trade secrets has led most developed and develo More

Trade secrets are among the most valuable branches of intellectual property, which, like material possessions, need to be protected from any aggression or abuse of individuals. Therefore, the preservation and protection of trade secrets has led most developed and developing countries to formulate special legal rules for the criminal protection of this valuable asset. In this article, following the disclosure of intellectual property, trade secrets and its taxes, and some concepts related to this issue, and finally the evaluation of the criminal protection of trade secrets from the perspective of Imamiyya jurisprudence, the rights of Iran and the United States have been investigated. The results indicate that the opposition of the jurisprudents to the principle of intellectual property protection lacked legal reasoning and did not explicitly mention the criminal law, and that Iran's right to full protection of trade secrets was ineffective and weak, but American law and practice in this country have a favorable criminal law protection for any kind of infringement of trade of the development of this article.secrets. Manuscript profile

Open Access Article

8 - Ethical challenges of Application of Nanotechnology Technology in Crime Detection
Reza Soudi seyed ghasem zamani Abo-Mohammad Asgarkhani

The complexities of social relationships in today's world complicate the way crimes are committed, and the discovery of complex crimes requires sophisticated and technical tools, and the traditional, long-standing method can not answer all the needs of society to detect More

The complexities of social relationships in today's world complicate the way crimes are committed, and the discovery of complex crimes requires sophisticated and technical tools, and the traditional, long-standing method can not answer all the needs of society to detect crime. Nanotechnology, like other scientific fields, has also entered criminal science, and has been widely used to identify and assess the evidence and evidence gathered in the crime scene. Nanotechnology can be effective in preventing and detecting offenders due to its abundant capabilities in detecting and detecting the exact and rapid effects of crime. Using this technology in DNA detection and fingerprinting can provide new and scientific solutions for detecting and improving hidden effects containing DNA and fingers that will otherwise be unidentified. Today, the scope of criminal police activities is wider by utilizing the most advanced equipment and facilities for biotechnology and nano technology. Today, the use of electron microscopes, nano-sensors, biological sensors and various methods of nasal sputum has become commonplace in accredited police criminal laboratories, and the true discovery The crime remains the slightest ambiguity, with the advent of nanotechnology Manuscript profile

Open Access Article

9 - The concept, basis and position of the component of criminal behavior of the material element of crimes against property and property
Hossein Khaninzadeh Ahmad Hajidehabadi Ali Mazidi Sharaf Abadi

Legal scholars consider “criminal behavior” to be one of the few components of the material in analyzing the three elements of crime and, in particular, the material element of the crime. There are a variety of issues, topics, and perceptions. The ambiguities and challe More

Legal scholars consider “criminal behavior” to be one of the few components of the material in analyzing the three elements of crime and, in particular, the material element of the crime. There are a variety of issues, topics, and perceptions. The ambiguities and challenges raised in both the quantitative and the specific legal complexities of criminal behavior in "Property and Property Crimes" are more prominent. Therefore, this article attempts to explain and understand "the concept, basis and position of the component of criminal behavior of the material element of crimes against property and property" through a descriptive-analytic method using library resources and written texts and opinions and perspectives. Various issues, issues and issues are discussed and analyzed. To this end, this article has been divided into three sections: "conceptual", "theoretical foundations" and "position" of criminal behavior from the material element of crimes against property and property. The results of the investigations in this regard show that, first of all, in the case of crimes against property and property, the concept of positive and negative criminal behavior contains both the meaning of this component. Secondly, the "basic verb" theory of crime, with all its differences and variations, has a common element called "voluntary physical movement" and crimes against property and property are no exception, however, the predominant crime of property and property is The passage of the verb can also be realized, and if it is customarily viewed as a causal relation, it can be considered a crime in most crimes against property and property. Manuscript profile

Open Access Article

10 - Representation of religious thoughts on civil liability arising from harassment and its associated with British law
Alireza sharifi Mohammad molodi

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights an More

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights and civil liability converge. On the one hand, the proprietor reserves an unlimited right of occupation in his/her property (Article 30 of the Civil Law). On the other hand, the right to property is restricted to this natural and legal right that the latter's property receives no damage (Article 132 of the Civil Law, and Principle 40 of the Islamic Code). The Civil Law does not have an explicit decree as to the civil liability of the proprietor and has not enumerated its provisions or elements either. Therefore, by comparative study of the subject, and via the analytical-descriptive method, it was concluded that the extra occupation of the reasonable would have the result of civil liability, if it would create nuisance in the property law and damage to the neighbor, whether it is intended or unintended for the proprietor. The absoluteness of the right, reasonableness of the act and satisfaction of needs shall not remove liability. However, the rule of "Prohibition of Detriment" governs the relations arising from vicinity and neighborhood, and the occupation by the occupier is customarily endurable by the vicinity law. Manuscript profile

Open Access Article

11 - Evaluation of International Property Rights Index in Iran and MENA Region
Saeed KiyanPour

10.7508/jstpi.2015.01.005

Today, access to more efficient private sector and improvement in business environment to provide the requisite context for active economic entrepreneurs' activity is considered as an economic strategy by different countries in the world. In this paper, we will study th More

Today, access to more efficient private sector and improvement in business environment to provide the requisite context for active economic entrepreneurs' activity is considered as an economic strategy by different countries in the world. In this paper, we will study the ownership rights in MENA (Middle East and North Africa). This index indicates that Emirates with a score of 6.9 in Index LP, Israel with a score of 7.3 in Index LPR and Bahrain with a score of 8.1 in Index PPR are ranked first. Also in overall IPRI Index Qatar with a score of 7.3 is in the first place and Iran with a score of 4.3 is considered one of the last countries. The reason of deterioration and drop of 0.1% in Iran is related to political stability. Generally, Iran has the worst performance in the areas of political stability and the protection of patent and copyright. Authority of statue and juridical independence do not change compared to previous year, while control of corruption has decreased slightly and physical ownership right with a score of 5.5 is the strongest index for Iran. Manuscript profile

Open Access Article

12 - Investigation the Effect of Intellectual Property Rights on Export
Abolfazll Shahabadi Farimah Rahimi

Different levels of knowledge and technology among countries play a key role in describing the development gap between them. Hardware-based technology comprises equipment and machinery and software-based technology is an outcome of human intellect. The latter is protect More

Different levels of knowledge and technology among countries play a key role in describing the development gap between them. Hardware-based technology comprises equipment and machinery and software-based technology is an outcome of human intellect. The latter is protected by intellectual property rights. Protection of patents and inventions within the intellectual property framework plays a significant role in trade development of countries; because new ideas that their properties have been protected can create or strengthen competitive advantages. In this paper, we investigated 0the effect of protection of intellectual property rights on the export of Group 15 member countries during 1995-2007. The index of patent applications is used as an indicator of the level of protection of intellectual property rights. The effect of protection of property rights to export has been surveyed directly and through other variables such as GDP, foreign direct investments and Research and development expenditures. The results indicate that extensive protection of intellectual property rights in the domain of common needs for Group 15 members will provide suitable conditions for increased investment in R&D activities, foreign direct investment, competitiveness power and increasing the exports, especially high-tech exports, if the conditions for application of this patent is provided, then the protection of property rights will be effective on the export, directly of through other variables. Manuscript profile

Open Access Article

13 - Protected Works in Iranian Industrial Property Rights with the Approach of Paris Convention
Hamidreza Salehi

Nowadays, industrial property rights play an important role in international trade, e-commerce, investment and growing economic relations. In general, industrial property rights system has been introduced as one of the fundamental issues of modern economic policy at the More

Nowadays, industrial property rights play an important role in international trade, e-commerce, investment and growing economic relations. In general, industrial property rights system has been introduced as one of the fundamental issues of modern economic policy at the national level and as a context and important tool for sustainable development in developing and least developed countries. Furthermore, robust and effective protection of industrial property rights is very important and decisive factor in facilitating technology transfer policies and to attract foreign direct investment in certain sectors of economic that is vital for sustainable development. Countries that are experiencing liberalization of economic and industrial policies, the existence of a strong and robust intellectual property system is one of the most important factors that are necessary to ensure the process of liberalization. One important result can restructure the industrial and commercial sectors and finally to encourage small and medium investors to use the intellectual property system as a tool for economic and national technology development. However, in spite of the great quantitative and qualitative potentials in Iran, it is not happened any significant growth in the field of knowledge, production and preservation of the protected examples in the field of industrial property; On this basis, the patents system, industrial designs, trademarks, integrated circuits, trade secrets and geographical indications of origin in the system of industrial property rights are reviewed and studied and a comparative study to Paris Convention and Trips Agreement is conducted in this paper. Manuscript profile

Open Access Article

14 - The Effect of Intellectual Property Rights on Income Distribution in MENA Region Countries
Abolfazll Shahabadi Sara Sarygol

The issue of income distribution and inequalities of it has been the topic of discussion in many societies. So always try to be the factors that cause variation in the distribution of income can be identified. If you can identify the factors affecting the distribution o More

The issue of income distribution and inequalities of it has been the topic of discussion in many societies. So always try to be the factors that cause variation in the distribution of income can be identified. If you can identify the factors affecting the distribution of income in order to achieve the goal of achieving sustainable development and social justice. Since the notion of concepts such as innovation and creativity over the last transaction has been valued and also have been supported as valuable assets, therefore the importance of intellectual property rights in creating and fostering innovation and creative ideas and their effects on intellectual property rights of income distribution in the Mena region countries particularly Iran is reviewed during the period 1995-2005. The study results suggest that the Mena region countries in the Gini index and in intellectual property rights are undesirable. Intellectual property rights have two different effects on income distribution: on the one hand, with the support of creativity and innovation to create productive employments, increased productivity and generated wealth through science and technology can improve the income distribution and on the other hand the income distribution is worsening perhaps due to the increased prices of goods, services and technologies resulting from its monopoly. Manuscript profile

Open Access Article

15 - The Emergence and evolution of Japanese system of Industrial Property Rights
Parisa Riyahi

The influence of the intellectual property rights on the innovation and economical performance is of a complicated type and it is necessary to be precise while designing the IPR system which might be applicable for the economic development as an effective instrumental p More

The influence of the intellectual property rights on the innovation and economical performance is of a complicated type and it is necessary to be precise while designing the IPR system which might be applicable for the economic development as an effective instrumental policy. While designing such systems, different countries go through different paths depending on the local context and the global environment. Thus, comparative assessment and benchmarking is widely used in most studies of policy-making. This article deals with case study evaluation of evolution procedures of IPR in Japan and at the end, it encompasses some suggestions for strategic design of this system in Iran. Japan has greatly benefited from its preliminary phases of development of the IPR. Technological learning in Japan has been established in support of a fragile system of IPR. This system paved all the way for absorbing innovation and beyond boundaries knowledge by the local firms. Some initiates such as “profitable models" and “the industrial designs” not only developed the patent culture in this country, but also it turned into a strong driving force for the incremental innovations and partial improvements based on the foreign ones. When the technological capabilities of the local agencies increased, and the firms were requesting for a stronger protective regime for their own inventions, Japan intellectual property rights system was reinforced in such a manner that presently it is considered as one of the most strict and complete IPR systems in the globe. Manuscript profile

Open Access Article

16 - A Survey of Intellectual Property Rights on Foreign Direct Investment in D8- Countries
Mohammad Hasan Fotros Abolfazl Najarzadeh Abadi

Intellectual property rights have a prominent role in long-term economic growth of the countries. In recent years International institutions such as WTO (World Trade Organization) and World Intellectual Property Organization (WIPO) have suggested to their member countr More

Intellectual property rights have a prominent role in long-term economic growth of the countries. In recent years International institutions such as WTO (World Trade Organization) and World Intellectual Property Organization (WIPO) have suggested to their member countries the provision and the fortification of these rights. The existing gap between developed and developing countries in the field of property rights systems is also a distinguishing factor that affects the level of foreign direct investment and the flow of private international capitals. The present article by an index analysis of the data within the period of 1985-2005 of D8 countries investigates and compares the role of intellectual property rights on the foreign direct investment in these countries. The main question is that whether the protection of intellectual rights has a positive effect on foreign direct investment in the D8 group countries or not. The results of this survey indicate that the relationship between intellectual property rights and foreign direct investment varies according to the infrastructural capacities and the level of development of these countries. Manuscript profile

Open Access Article

17 - Intellectual Property Management: The Case of Research Institute of Petroleum Industry
Seyed Kamran Bagheri Sasan Sadraei

The emergence of petroleum industry in Iran dates back to more than a century ago and the industry has played a major role in the countrys economy from the very beginning. However, when it comes to the required technologies, the industrys dependency on foreign companies More

The emergence of petroleum industry in Iran dates back to more than a century ago and the industry has played a major role in the countrys economy from the very beginning. However, when it comes to the required technologies, the industrys dependency on foreign companies is evident. Independent technology development, on the other hand, is not an easy task since it requires a tight interconnection with Intellectual Property (IP) management. The industrys failure in independently developing its technological needs, can hence be partially attributed to mismanagement of IP. This paper investigates the role of IP and its management in an industrial context, focusing on industries actively pursuing high technological capabilities. Afterward, the petroleum industry and the role of IP management therein are reviewed. Finally the achievements of Research Institute of Petroleum Industry (RIPI) in managing its IP portfolio are introduced. Manuscript profile

Open Access Article

18 - A review of concepts and quantitative methods in technology valuation
Jalil Gharibi Seyed Habibollah Tabatabaeiyan

So far, many methods and approaches are introduced and used for technology valuation. Some of these methods use complicated mathematical computations, named quantitative methods, to identify value of technology while qualitative methods are less based on these computati More

So far, many methods and approaches are introduced and used for technology valuation. Some of these methods use complicated mathematical computations, named quantitative methods, to identify value of technology while qualitative methods are less based on these computations. This article is a review of concepts and methods in technology valuation, so explanation of qualitative methods such as econometric models, brainstorming or Delphi method is avoided. All of the contents are explained in two parts. The first part of the article talks about some primary concepts in technology valuation and the second one introduces the most important and well-known methods and analyses them to some extant, respectively. Manuscript profile

Open Access Article

19 - Investigation of Nano Technology Development and It is Managerial Challenges in Iran
Ali Forghani Reza Ansari

Nano Technology is known as one of the origins of the technological changes and industrial revolution in recent years. Because of this fact, many countries have started to enable themselves in this field of technology. In 1980s, this technology got involved in industry More

Nano Technology is known as one of the origins of the technological changes and industrial revolution in recent years. Because of this fact, many countries have started to enable themselves in this field of technology. In 1980s, this technology got involved in industry and has been assigned a lot of research budgets by itself. Now this technology is in the primary stages of growth and it would be impossible to predict it is trends precisely. But no one can be inattentive to its evolution in our country. In this paper we have considered the necessity of Nano Technology development in the country and three factors have been identified; the first factor is the economic opportunities, the second one deals with commercialization polices, and the third one is intellectual property rights. Manuscript profile

Open Access Article

20 - Apply for Patent Registration
Mohammadreza Bakhtiari Seyed Kamran Bagheri

Intellectual property and intangible asset issues are one of the main concerns of the business world, today. Intangible asset mostly originates from intelligent and research activities and is represented as trade secrets, patents, industrial designs, copyrights, etc. In More

Intellectual property and intangible asset issues are one of the main concerns of the business world, today. Intangible asset mostly originates from intelligent and research activities and is represented as trade secrets, patents, industrial designs, copyrights, etc. Intellectual property (IP) rights mean the legal rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields. It is inevitable that IP awareness and knowledge must be increased among Iranian inventors and companies. Learning about patent and patenting procedures before the national and regional IP offices are of great importance to all of the people involved in this regard. The concepts of patents, patentability and general guidelines of preparing an invention report for patenting have been reviewed in this article. Manuscript profile

Open Access Article

21 - Investigating the Challenges in the Laws and Rights of Intellectual Property in Commercialization of Biotechnological Goods
Sohrab Aghazadeh Kamyar Ghaforian atiyeh safardoust Mahdi Ojani Mohammad Naghizadeh

10.7508/jstpi.2016.03.003

The lack of unified laws and regulations regarding intellectual property rights and how to give it to innovations, inventions and patents on living organisms is one of the challenges in developing countries. The aim of the current research is to investigate the challeng More

The lack of unified laws and regulations regarding intellectual property rights and how to give it to innovations, inventions and patents on living organisms is one of the challenges in developing countries. The aim of the current research is to investigate the challenges in the laws and rights of intellectual property on commercialization of biotechnological products in Iran. We have chosen mix method to conduct this study. In the qualitative part of the research in order to figure out the main challenges in the laws and rights of intellectual property, by using the literature review and interviewing 11 active Expert or not to implement them in the field of commercialization, the main challenges have been presented. In the quantitative part, the questionnaire related to the challenges of the rights of intellectual property have been distributed among 21 researchers in the field of biotechnology who are also familiar with the laws and rights of intellectual property,and by using confirmatory factor analysis, one sample T test and freedman test we studied the challenges and its ranking in the field of biotechnology. The findings show that the main challenges in laws and rights of intellectual property in the field of biotechnology are: the current obstacles in the part of the intellectual property of the projects, Lack of some rules, standards and policies or not to implement them and the high rate of dependency of the companies to the protection of patents. Manuscript profile

Open Access Article

22 - Effective Factors for Iran's Proper Entry into the World Trade Organization
Hamid Hanifi

10.7508/jstpi.2018.01.007

Joining to the World Trade Organization is one of the dimensions of globalization and will improve free trade. In order to prevent the abuse of this free trade, additional laws and agreements should be attached to the WTO rules. One of them is the TRIPS Agreement that i More

Joining to the World Trade Organization is one of the dimensions of globalization and will improve free trade. In order to prevent the abuse of this free trade, additional laws and agreements should be attached to the WTO rules. One of them is the TRIPS Agreement that is about the Intellectual Property Rights. Intellectual property rights consist of rights derived from intellectual creativity in the fields of science, industry, literature, art that arise from the knowledge and art or creativity of the creator. But, the laws of the WTO and intellectual property rights, despite their advantages, also have deficiencies. Considering that Iran is a member of the World Trade Organization's viewer, and in the near future or later will become as a final and definite member, therefore, during this time, it is necessary to provide the preliminaries of attendance. Thus, in this paper, some factors have been extracted that are effective in preparing for Iran's presence in the World Trade Organization. To do this, first, articles about the Intellectual Property Rights and also World Trade Organization were extracted and then, related articles were separated and analyzed with these two titles. In the next stage, considering the analysis of the selected articles reviewed, and having a relationship between some variables together, and their combination with expert's opinions, some important factors of these two items were categorized. Finally, Whereas these factors were considered as effective factors in the World Trade Organization and Intellectual Property Rights, some suggestions were made about them that strengthened these factors, which ultimately leads to readiness before entering the World Trade Organization. These factors were classified into two groups: 1) The factor of intellectual property rights whose sub-factors are: a) Motivational Factors, b) Connections Factors, c) Intellectual Property Rights Factors, d) Technology Transfer Factors, e) Market Factors, f) Public Interest Factors, g) Factors related to the Human Rights interactions with the Intellectual Property Rights. 2) The World Trade Organization whose sub-factors are: a) Infrastructural Factors, b) Regulatory Factors, c) Factors related to the Internal Challenges, d) Imitative Factors, e) Incentive Factors, f) Pre-reform Factors, g) Legal Factors. Manuscript profile

Open Access Article

23 - A Model for the Production and Transfer of Technology Based on Intellectual Property
Mehdi Meregan Jahanshah Charkhtab-moghadam

10.7508/jstpi.2019.01.006

The empowerment of each country in the fields of science and technology requires attention to indigenous knowledge and, of course, the use of the experiences of developed countries in these areas. Therefore, production and technology transfer should be considered togeth More

The empowerment of each country in the fields of science and technology requires attention to indigenous knowledge and, of course, the use of the experiences of developed countries in these areas. Therefore, production and technology transfer should be considered together in order to prevent the waste of time and energy, also provide scientific grounds for localization. This is important when the intellectual property of technology transfer, as a supportive power of the technology owner, is also taken into consideration. Because of its importance, in this paper, by presenting a model, we draw a proper path in the production of domestic technology along with the transfer of technology that has been consulted by the elite. The resulting model explains the process of manufacturing and transferring technology from the legislative stage to the product delivery of the technology. In this model four phases of infrastructure, creation, supportive and final are considered. In the infrastructure phase, the legal dimensions of intellectual property laws as well as methods for creating the right conditions for the transfer and production of technology in the Government, Parliament and the Guardian Council are examined. In the phase of creation, the responsibilities assigned to the relevant ministries, as well as the improvement of the power of science and technology parks along with the appropriate direction for them. The supportive phase is a guarantee of the implementation of the law and, in addition, it has a supportive role in creating a suitable platform for technology vendors. Finally, the process of fusing and commercializing technology in the final phase is examined. Manuscript profile

Open Access Article

24 - Review the Status of Intellectual Property Rights in Joint Research Projects and Consortiums
elahe bazrafshan mehdi goodarzi

10.52547/jstpi.20791.16.63.32

Today, the use of joint research and development has facilitated technological progress, which has led to the production of new products, processes and services for the market. In order to protect these achievements, intellectual property rights in international technol More

Today, the use of joint research and development has facilitated technological progress, which has led to the production of new products, processes and services for the market. In order to protect these achievements, intellectual property rights in international technological cooperation as well as collaborative research projects between the private and public sectors, especially in the field of patents, have become twofold important. Intellectual property plays an essential role in promoting this type of collaboration between the university, industry and government and plays a complementary role in technology development. But a look at Iran's intellectual property policies in joint research projects and consortiums in the past shows that there is no coherent and complete framework for intellectual property arising from these collaborations, so the main purpose of this study is to examine the role of intellectual property rights in joint research projects and consortiums and political advice to those involved. This research is a review of the literature and uses a library methodology and in-depth study of available literature and articles and internal and external books on intellectual property and joint research projects, and specifically on model agreements in the Consortium of Europe and the United Kingdom, and finally a model agreement has been proposed to managers and policy makers active in the field of science and technology development in Iran, given that such agreements are less visible. Manuscript profile

Open Access Article

25 - Position Of Intellectual Property Rights In The Support And Development Of Nanotechnology
Ehsan Kalantari Maybodi

Intellectual property is a right that gives its owner the exclusive benefit of human activity, thought and initiative, which itself is divided into various branches such as literary and artistic property rights and industrial property. Compared to other goods and produc More

Intellectual property is a right that gives its owner the exclusive benefit of human activity, thought and initiative, which itself is divided into various branches such as literary and artistic property rights and industrial property. Compared to other goods and products, the product of human intelligence has four characteristics: 1- First, it is a direct result of the work of human thought; 2- Second, this product falls into the information category; 3- Third, this smart product is not wasted by consumption; 4- The fourth is that it is easily supplied and can be reproduced. These features make the owner of such a product can not control its use and is easily lost. In fact, the economic value of an intellectual creation is due to its rarity and scarcity that if a number of people do not support and achieve it and exploit and use it, the mentioned value will be lost or at least reduced. In the legal system of Iran, several laws have been passed regarding the protection of intellectual property, which are very incomplete and rudimentary in comparison with international laws and need to be amended and supplemented. Nanotechnology has created new legal issues in the field of rights and intellectual property. Some of these issues may be resolved by existing laws or by controlling and modifying the nanosphere, but we may need to enact new laws to control the nanosphere. Manuscript profile

Open Access Article

26 - Analysis of the impact of the legal structure of "geographical indications" on the development of handicrafts and rural tourism
hamid hamidian abas borozoie

Rural areas have natural and human potentials that lead to the creation of unique products that have a distinguishing feature from other regions. These products, which in the general sense can be referred to as rural handicrafts or indigenous rural products, have always More

Rural areas have natural and human potentials that lead to the creation of unique products that have a distinguishing feature from other regions. These products, which in the general sense can be referred to as rural handicrafts or indigenous rural products, have always been considered as one of the foundations of growth and development of rural economy. Income and commercialization of these industries Sometimes it can be effective in local, regional, national and even international economies. Supporting these rural handicrafts can not only be directly effective in the rural economy, but can also provide a basis for attracting tourists. "Geographical indications" as one of the tools of the intellectual property rights system, in the national and international arenas, has provided guarantees to protect these industries. However, these guarantees, despite providing opportunities for the growth and development of rural Rural areas have natural and human potentials that lead to the creation of unique products that have a distinguishing feature from other regions. These products, which in the general sense can be referred to as rural handicrafts or indigenous rural products, have always been considered as one of the foundations of growth and development of rural economy. Income and commercialization of these industries Sometimes it can be effective in local, regional, national and even international economies. Supporting these rural handicrafts can not only be directly effective in the rural economy, but can also provide a basis for attracting tourists. "Geographical indications" as one of the tools of the intellectual property rights system, in the national and international arenas, has provided guarantees to protect these industries. However, these guarantees, despite providing opportunities for the growth and development of rural industries, have several challenges that have been addressed in this study.industries, have several challenges that have been addressed in this study. Manuscript profile

Open Access Article

27 - Dimensions and elements of the criminal transfer of immovable property
روح الله آهنگران

An expression of transferability is the property of all property, both material and immaterial. On the contrary, other offenses against property are found in the charge of non-dispensable property transfer of immovable property as the subject of this crime and give rise More

An expression of transferability is the property of all property, both material and immaterial. On the contrary, other offenses against property are found in the charge of non-dispensable property transfer of immovable property as the subject of this crime and give rise to a suspicion that In this crime, the legislator has provided for the execution of criminal offenses for any fraudulent transfer of material or immaterial property. The purpose of this article is to investigate the dimensions and elements of the criminal transfer of immovable property. This descriptive-analytic study was conducted by library studies. The results of this study indicate that the crime of non-transfer of property is a criminal offense, and the fraud is confined to material property and immaterial property is not the subject of the crime. That the transfer of non-third party funds and the resulting harm must be the result of the acts of the perpetrator or perpetrators of the crime, such that if the perpetrator's or perpetrator's actions were not in the form of a fraudulent transaction, such a result would not have been achieved. However, it is not possible to easily sense this relationship in a non-destructive mass transfer case because of the interplay between the result and the termination of the bond between the two. The causal relationship in the crime of non-transfer of money means that the transfer of non-third party money and the resulting harm must be the result of the actions of the perpetrator or perpetrators. Manuscript profile

Open Access Article

28 - Comparing the sentences and conditions of the crime of embezzlement in Iran with the United States and France
Fahimeh Malekzadeh Sina Vahedzadeh

Embezzlement is an intended crime which would result in financial fraud, especially in the country administrative system. In the past, committers of such act were punished as wrongdoers to a public fund, and they were punished under the title of “corruption at earth” in More

Embezzlement is an intended crime which would result in financial fraud, especially in the country administrative system. In the past, committers of such act were punished as wrongdoers to a public fund, and they were punished under the title of “corruption at earth” in the Islamic criminal law. Of the global problems are offences and crimes of government employees and their financial abuses from deposited property to them. Embezzlement is a crime against public convenience. In all legal systems, they are fighting against it; also, in the Iranian law, the legislature has provided various rules and regulations for illegitimate property. This paper does assess awards and circumstances of Embezzlement in the Iranian law and also in the French, German and US legal systems. At the end, it has concluded that to tackle this evil phenomenon, contrary to their so much similarity, are not precisely compatible, but they differ substantively.But methods and circumstances in every .country are depending on their common laws Manuscript profile

Open Access Article

29 - Ontology Matching Based on Maintaining Local Similarity of Information Using Propagation Technique
NazarMohammad Parsa Asieh Ghanbarpour

In recent years, ontologies, as one of the most important components of the semantic web, have expanded in various fields. The problem of ontology matching has been raised with the aim of creating a set of mappings between entities of ontologies. This problem is classif More

In recent years, ontologies, as one of the most important components of the semantic web, have expanded in various fields. The problem of ontology matching has been raised with the aim of creating a set of mappings between entities of ontologies. This problem is classified as an NP-hard problem. Therefore, greedy methods have been proposed to solve it in different ways. Selecting the appropriate lexical, structural and semantic similarity criteria and using an effective combination method to obtain the final mapping is one of the most important challenges of these methods. In this paper, an automatic method of matching ontologies is proposed to provide a one-to-one mapping set. This method detects primary mappings based on a new lexical similarity criterion, which is accordance with the descriptive essence of entities and combining this similarity with semantic similarity obtained from external semantic sources. By locally propagating the score of initial mappings in the class hierarchy graph, structurally matching entities are identified. In this method, property matching is examined in a separate step. In the final step, the mapping filter is applied in order to maintain the consistency of the final mapping set. In the evaluation section, comparing the performance of the lexical similarity measure compared to other proposed textual similarity measures, indicates the efficiency of this measure in the problem of ontology matching. In addition, the results of the proposed matching system compared to the results of the set of participating systems in the OAEI competitions shows this system in the second place and higher than many complex matching systems. Manuscript profile

Open Access Article

30 - Explaining the moral and legal realm of financial rights and property of couples after divorce in Iranian and French law
Abolhasan Pahlevani Saleh Yamerli ali ajbar esmaeile

Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source o More

Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source of legislative policy of each country in the legislation. Hence, the financial rights and assets of the couple are formed in the direction of morality. The financial rights of couples, in their broad dimensions, include rights such as dowry, halving property, alimony, retribution, etc., each of which is applied in laws such as civil law and family protection law with a special regulation, he's got a special place. In French law, this type of law is also examined under the rules and jurisprudence. In Iranian law, according to Article 1102 of the Civil Code, by concluding a marriage contract, the rights and obligations of the couple, including the financial rights of the husband, are established against the wife, and as a result, after the dissolution of the marriage and separation, The husband is to pay alimony, to be aborted, because one of the principles and means of obligation is marriage. This issue is different in Iranian law regarding the demand for dowry and halving of property and retribution, etc., and these rights can also be demanded by terminating or dissolving the marriage contract. In French law, rights such as claiming alimony can be claimed by the wife in different circumstances, and this issue is mentioned in Articles 212, 270 and 301 of the French Civil Code, and in some respects, the division of property in this country has rules and regulations. It is special. Therefore, the purpose of writing this article is to examine the legal and moral status of financial rights and assets of couples after divorce in the law of Iran and France, which has been studied according to the library method, and as a result it can be said that financial rights and In some cases, the property of the couple has been considered in Iranian and French law and has a suitable position, and ethics has been considered as the basis of the legislative policy of these lawsuits in the judicial procedure. Manuscript profile

Open Access Article

31 - Trademark Distinctiveness And Strong And Weak Distinguishing Marks
Mehrdad Ghani Alireza Mohammad Beyki

Sectional distinctiveness is a requirement for trademark protection. However, all legal systems in determining the distinction of a part of the way to support distinguishing marks, and also the effect of the minimum descriptiveness of the mark, in a way that does not ha More

Sectional distinctiveness is a requirement for trademark protection. However, all legal systems in determining the distinction of a part of the way to support distinguishing marks, and also the effect of the minimum descriptiveness of the mark, in a way that does not harm the distinctiveness of the trademark, They have not adopted a common approach, so that by delving into the judicial procedure and doctrine of different countries, It is possible to separate the symptoms into weak and strong according to their degree of differentiation, and accordingly different legal protection of trademarks, depending on which of the above categories it is mentioned. The decision of the Federal Court of Switzerland in 2000 and the Benelux Court of Justice, which was later repeatedly upheld by the courts, Doctrine and Administration of Internal Market Harmonization of the European Union is included, It has not had any effect on the jurisprudence of Iran's courts, even if indirectly, And the trace of this separation is evident in the recent decisions of the appeals courts in the field of trademarks. Manuscript profile

Open Access Article

32 - Fundamentals of Validity of Ownability in Imamiyah Jurisprudence and Positive Laws
Mohammad Mohammad Baramai سيدحسن داودالموسوی

Understanding the fundamentals of ownability of a property is important in distinguishing property from non-property. Since jurists of Imamiyah jurisprudence have no consensus on definition of ownability of a property and the Civil Law has not specified what the proper More

Understanding the fundamentals of ownability of a property is important in distinguishing property from non-property. Since jurists of Imamiyah jurisprudence have no consensus on definition of ownability of a property and the Civil Law has not specified what the property is by definition, the importance of understanding the fundamentals of ownability of a property has further come to light. This paper intends to find a unified criterion for validity of ownability of a property, analyze the criteria set by the jurists, and investigate the strengths and weak points of the expressed criteria. The criterion thus achieved helps distinguishing property from non-property in doubtful cases. Such power of distinction helps us in various issues since ownability is a matter of credibility and the right understanding of ownability and its attachments depends upon acquiring knowledge on credit concepts and its specifications. Therefore, this paper points to some instances of credits. The author of this paper is of the opinion that the major criterion for understanding ownability is the rational approach toward this subject and other criteria expressed are either problematic or abundant. The paper has finally discussed available solutions in case doubts appear in conventional and legal ownability of a property. Manuscript profile

Open Access Article

33 - Examining the objection of a third party with a normal document in a lawsuit to prove the ownership of immovable property in Iranian law
reza dehghan

Abstract In general, in order to prevent any mistakes and errors in the votes issued by the judicial bodies, as well as the violation of the rights of individuals, it is possible to object to these votes if there is any similarity. One of the methods of protesting the More

Abstract In general, in order to prevent any mistakes and errors in the votes issued by the judicial bodies, as well as the violation of the rights of individuals, it is possible to object to these votes if there is any similarity. One of the methods of protesting the order issued by the court is a third party objection, which is foreseen in order to prevent disturbance to third parties, a person whose rights have been disturbed by the issuance of judicial (criminal or legal) rulings and who were not present during the proceedings. The article deals with the discussion and examination of the third party objection by persons only with the normal document and we review it and we discuss the ways of the third party objection to the order to prove the ownership of immovable property with the normal document and the principles and rules used in the issuance and cancellation of it by the issuing court. We will check the principles of the following votes, you can protest as a third party. 1. Legal opinions of public, revolution and appeal courts. 2. Opinions of the Court of Administrative Justice. 3. Arbitration votes. 4. All orders and appointments. But in this article, we examine the third objection in the lawsuit related to proof of ownership of immovable property. Manuscript profile

Open Access Article

34 - Jurisprudence, Legal Status of Sea Water in Public Property and Subscribers
سحر حقانی

Given that waters are part of the debate and the discussions are possessed of the capability, the question arises as to whether public waters are owned by individuals. According to the Water Act and how it becomes nationalized in 1347, the waters of the Maqdah became on More

Given that waters are part of the debate and the discussions are possessed of the capability, the question arises as to whether public waters are owned by individuals. According to the Water Act and how it becomes nationalized in 1347, the waters of the Maqdah became one of the public property administered by the government. According to some jurists, by the adoption of the Water Nationalization Act on 4/4/1347 Articles 149, the Civil Code has been abolished and the issue of water ownership has been abolished. The general property of the national wealth is a country and belongs to all generations. The economic value of this property first provides special support and maintenance of these property. There are many solutions such as using new technologies, strengthening regulatory agencies, and so on to prevent private people's access to public property and to prevent government and public outsourcing over these property. But one of the most important ways in this regard is to provide legal solutions as a way to solve the roots of problems. In this study, jurisprudential and legal views will be examined and solutions will be provided to solve the legal problems of public water. Manuscript profile

Open Access Article

35 - Spurious Correlation and the Closure Property of Compositional Data in Geological Sciences
Hamid Ghorbani

<p>In earth sciences, measurements usually produce compositional data with a property called closedness. Researchers who use common statistical methods on compositional data ignore spurious correlations, which causes incorrect results. This article introduces transforma More

<p>In earth sciences, measurements usually produce compositional data with a property called closedness. Researchers who use common statistical methods on compositional data ignore spurious correlations, which causes incorrect results. This article introduces transformations for opening closed system of compositional data. These transformations include the additive logarithmic ratio (alr), the centred logarithmic ratio (clr), and the isometric logarithmic ratio (ilr). They are all defined in terms of logarithms of ratios. We then applied the clr transformation to a soil chemical data set. We also analysed the results of applying cluster analysis on the clr transformed data using Spearman's correlation coefficient matrix as distance. We also investigated how applying clr transformation affects spurious correlation, skewness and outliers in the data using R statistical software.</p> Manuscript profile

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