Jurisprudential Analysis of the Nature of Intellectual Property Lease Contract

Document Type : Research Paper

Authors

1 Associate Professor, Department of Private Law, College of Farabi, University of Tehran, Iran

2 Ph.D student in Private Law, College of Farabi, University of Tehran, Iran

Abstract

Undoubtedly, in the current era, what is important in the field of intellectual property is its commercialization. On the other hand, the transfer of intellectual property in the form of legal contracts is essential. These forms are numerous in Iranian law: some contracts, such as sale, exchange, and loan cause the transfer of ownership of the same property, and some other contracts, such as lease, transfer the ownership of interests for a limited period of time. What was examined in the present article is the feasibility of adapting the lease to intellectual property. Almost from the beginning of the formation of the intellectual property law system regarding the transfer of intellectual property concerning the feasibility of adapting the lease contract as a specific contract in the Iranian legal system, with intellectual property, there has been no organized and accurate research. The authors have studied the issue and concluded that according to the jurisprudential and legal definition of the lease contract and due to the term in this contract and the lack of a term in the copyright law, the creator's right is not compatible with the lease. As a result, it is not possible to design the legal environment governing this market, and it will not be possible to apply intellectual property in the form of a lease. 

Keywords

References

  1. Ameli, M. (the first martyr) (unpublished). Rules and Benefits, Qom: Mofid Bookstore. (in arabic)
  2. ----------------------------- (1410 AH 1989). Damascus School, Beirut, Dar Al-Tarath. (in arabic)
  3. Ameli, Z (Shahid Thani) (1410 AH 1989). Al-Rawdah Al-Bahia in the explanation of the Damascus branch in the jurisprudence, Qom: Davari Bookstore. (in arabic)
  4. --------------------------------- (1414 AH 1993). Masalak al-Afham to Sharh Sharia al-Islam, Beirut: Dar al-Kitab al-Alamiya. (in arabic)
  5. Ansari, B. (2008). Legal mechanisms to support the production of science (research law), Tehran: Samat Publications. (in Persian)
  6. Demar Chili, M. ,Ali Hatami and Mohsen gharaee. (2003). Commercial Law in the Current Legal Order, Tehran: Misagh Adalat Publications. (in Persian)
  7. Emami, H. (2009). Civil Rights, Tehran: University of Tehran Press. (in Persian)
  8. Harr Ameli, M. (1409 AH 1988). Shiite means, Qom: Al-Bayt Institute (AS). (in arabic)
  9. Halli, H. (Allama). (1410 AH 1989). Tazkereh al-Fiqh, Qom, Qom Seminary Teachers Association. (in arabic)
  10. ----------------------------- (1407 AH 1986). Judgment rules, Qom: Maktab al-Dawari. (in arabic)
  11. Rouhani Qomi, S. (2009). Fiqh of Al-Sadiq (peace be upon him) (for the spiritual), Qom: Dar Al-Kitab (Imam Sadegh School). (in arabic)
  12. Sotoudeh Tehrani, H. (2000). Commercial Law, I, Tehran: Justice Publishing. (in Persian)
  13. Saduq, M. (1415 AH 1994). The Legally Sufficient, Qom: Imam Hadi Institute (AS). (in arabic)
  14. -------------------------- (1414 AH 1993). I do not attend the jurisprudent, Qom: Qom Seminary Islamic Publications Office. (in arabic)
  15. Tusi, M.H. (1412 AH 1991). Prolonged in Imami jurisprudence, Qom: Islamic Books House. (in arabic)
  16. Katozian, N. (2008). Civil Law (Exchange Transactions - Proprietary Contracts), Tehran, Anteshar Co. (in Persian)
  17. ------------ (2009). Moin Contracts, Tehran: Anteshar Co. (in Persian)
  18. ------------ (2011). Lessons from certain contracts (introductory course), Tehran, Ganj-e-Danesh Library. (in Persian)
  19. ------------- (2011). Civil Law in the Current Legal Order, Tehran: Mizan Publishing. (in Persian)
  20. ------------------ (2009). New Referendums, Qom, Qom Seminary Islamic Publishing Office. (in Persian)
  21. Karki, Mohaghegh Thani (1414 AH 1993). Collector’s purposes in explaining the rules, Qom: Al-Bayt Institute. (in arabic)
  22. Gorji, A. (1993), "Legitimacy of the right and its ruling with emphasis on intellectual right", Journal of the Faculty of Law and Political Science, Tehran, Vol. 29, pp. 122-132. (in Persian)
  23. Mohseni, S.; Acceptance of Darafshan, M. M. (2013). A Study of Legal Support for the Idea (Comparative Study in the Legal Systems of Iran and France), Mashhad: Ferdowsi University. (in Persian)
  24. Mohaqeq Hali, J. (1407 AH 1986). Sharia al-Islam, Qom: Islamic Library. (in arabic)
  25. Mohaghegh Sabzevari, M. B. (1407 AH 1986). Kifayat al-Ahkam, Qom: Islamic Publications Office affiliated with the Society of Teachers of the Seminary of Qom. (in arabic)
  26. Mohammadi, P. (2007). Copyright Contracts, Tehran: Justice Publications. (in Persian)
  27. Mahmoudi, A. (2012). "The Nature of Intellectual Property Law and Its Place in Property Law", Quarterly Journal of Civil Law Knowledge, Tehran, Volume 1, Issue 2, pp. 94-107. (in Persian)
  28. Maraghi, A. (1414 AH 1993). Juristic titles, Qom: Office of Islamic Publications affiliated with the Society of Seminary Teachers. (in arabic)
  29. Mustafavi, M.K. (1422 AH 2001). Fiqh of Transactions, Qom, and Islamic Publications Office affiliated with the Society of Teachers of the Seminary of Qom. (in arabic)
  30. Makarem-e- Shirazi, N. (1425 AH 2004). Anwar al-Fiqhah (Kitab al-Nikah), Qom: Islamic Publishing Institute. (in arabic)
  31. Mousavi Khomeini, R. (1994). Bada'i Al-Noor Fi Qaeda Nafi Al-Harm, Tehran: Imam Khomeini Publishing House. (in arabic)
  32. --------------------- (1424 AH 2003). Explanation of Wasila, Qom: Islamic Publishing Institute. (in arabic)
  33. Najafi, M.H. (1404 AH 1984). Jawahar al-Kalam fi Sharh Sharia al-Islam, Beirut: Darahiyah al-Tarath al-Arabi. (in arabic)
  34. Omidian, F. (2007). How to Transfer
  35. Intellectual Property Rights, Tehran: Faculty of Law and Political Science, Allameh Tabatabai University. (In Persian)

 

Religious Researches
Volume 17, Issue 4
January 2022
Pages 1423-1438

Files

History

  • Receive Date: 15 May 2020
  • Revise Date: 26 September 2020
  • Accept Date: 26 September 2020

Share

How to cite

Statistics