Analysis and Critique of Moral Titles as the Basis for Moral Rights of Intellectual Works in the Common Law System and the Act of Copy Right in Afghanistan

Document Type : Original Article

Authors

1 Associate Professor, Deoartment of Intellectual Property Law, Faculty of Law, University of Qom.

2 PhD, Private Law، Al-Mustafa International University

10.22091/diplic.2026.14240.1029

Abstract

This research aims to evaluate and analyze the moral titles (defamation, unfair competition, and right to privacy) in justifying the intellectual property rights holder's moral rights within the common law system. The findings prove that while these titles address the shortcomings of the benefit and utility-based foundations for intellectual property rights, they still face significant flaws. The most important of these flaws include: lack of comprehensiveness in covering all instances of intellectual property rights, ambiguity in application, inconsistency with the goals and characteristics of intellectual property rights, and inability to cover the evidentiary aspects of these rights. As a result, the ethical titles face significant limitations in fully covering the intellectual property rights holder's moral rights within the common law system, and thus, they only provide minimal support for these rights. Therefore, the aforementioned moral titles have not established a legitimate basis for intellectual property rights in Afghanistan's intellectual property framework

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