The Nature of Security Measures in the Field of Intellectual Property in the Framework of Iran's Legal System and Imami Jurisprudence

Document Type : Original Article

Authors

• Farishte Asadpour ¹
• Abbas pahlavanzadeh ²
• Pedraam Khandani ³

¹ PhD student in private law, faculty of law and political science, Islamic Azad University, Karaj branch, Iran.

² Assistant Professor of Law, Faculty of Law and Political Science , Karaj Branch , Islamic Azad University, Alborz, Iran.

³ Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Islamic Azad University, Karaj Branch, Iran.

Abstract

Intellectual property rights, as one of the new examples of property in the light of the postmodernism atmosphere and the rule of fuzzy logic on the relations between legal subjects, have created many complications in the legal systems. These complications have caused challenges both in the fields of formal and substantive rights. The purpose of the current research is to identify the nature of security measures in the field of intellectual property in Iran's legal system and Imami jurisprudence. The findings of the current research, which were collected by descriptive-analytical method and library tools, show that, in proportion to the plurality and pluralism governing the examples of intellectual property, appropriate and efficient measures have not been designed and created in Iran's legal system. Provisions for protection of intellectual property rights in Iran's legal system can be divided into two main categories: the first category is general provisions that are in the form of institutions and general forms of procedure such as demand protection order and temporary order; The second category of special measures that are considered case by case in the field of trade secrets, trademarks, patents. Due to the lack of identification of new examples of intellectual property, it is necessary for the legislator to move towards designing and approving specific provisions for new examples of intellectual property by amending the existing laws.

Keywords

• Security Measures
• Intellectual Property
• Literary and Artistic Rights
• Industrial and Agricultural Property

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