https://diplic.qom.ac.ir/ Insights of Intellectual Property Law in Islamic Countries en daily 1 Sat, 21 Mar 2026 00:00:00 +0330 Sat, 21 Mar 2026 00:00:00 +0330 https://diplic.qom.ac.ir/article_4280.html Literary and artistic property, a significant branch of intellectual property law, has always encountered numerous challenges in terms of recognition, protection, and enforcement of authors’ rights in the era of emerging technologies and rapid developments. In this context, differences in legislative and enforcement structures across legal systems have intensified the need for comparative studies. The main issue of this research is to examine the effectiveness, as well as the convergence or divergence, of the legal framework governing literary and artistic property in the legal systems of Iran and Iraq, and to analyze the existing challenges in ensuring effective protection of creators’ rights. The objective of this study is to clarify the legal frameworks, evaluate the strengths and weaknesses of existing regulations, and provide a comparative perspective on the status of legal protection in both countries. This research adopts a descriptive-analytical method and relies on library-based sources, statutory laws, and relevant international instruments. The findings prove that although both legal systems share common principles in recognizing the protection of literary and artistic works, they face challenges and shortcomings in areas such as enforcement mechanisms, scope of protection, and compliance with international standards. Furthermore, the Iraqi legal system, in some respects, demonstrates greater flexibility due to its stronger influence from international structures, whereas the Iranian legal system shows a greater need for revision and modernization of its regulations. https://diplic.qom.ac.ir/article_4278.html The present research, focuses on redefining the true nature of intellectual propertyright from the perspective of law and Islamic jurisprudence through examination ofthe concept and historical backgrounds of this form of right. During the first phaseaccepted concepts in this regard are explained and then we shall go through a concisehistory of the matter. Imam Khomeini is one of the noteworthy opposers of this formof right as he believed it to be a public and not exclusive right. The main reason tothis approach is known as “The Rule of Attribution” or non-exclusiveness ofresulting rights for the creator. On the other hand, others oppose this approach byresorting to a different aspect of the “The Rule of Attribution”, reasonability ofintellectual property and “Theory of Labor”. This research, by using related legaland jurisprudential sources, analyzes different approaches to this matter andconcludes the approaches that consider this right illegitimate are invalid and as aresult, strengthens the contemporary legislation in betterment of the protection ofthis right. https://diplic.qom.ac.ir/article_4276.html Consumer confusion arises when a trademark fails to perform its distinctive function in the process of identifying the origin of goods. Nevertheless, Article 96 of the Industrial Property Protection Law of 2024, despite emphasizing the prohibition of misleading trademarks, provides no clear standard for assessing such confusion nor does it define the notion of the average consumer. A comparative examination of doctrinal sources and judicial practices in the European Union, the United States, and the United Kingdom demonstrates that these legal systems determine confusion based on the overall impression created by the trademark on the mind of the relevant consumer, through a multifactorial test. This assessment simultaneously considers visual, phonetic, and conceptual similarity, the distinctiveness of the trademark, the nature of the goods, and actual market conditions. By contrast, an analysis of existing judgments and judicial practice in Iranian courts proves that, due to the absence of legislative criteria, courts largely rely on variable approaches. This has resulted in the assessment of misleading character becoming discretionary, undermining the coherence and predictability necessary for the economic function of trademarks. As a result, the effective implementation of Article 96 requires the formulation of a localized multifactorial standard, inspired by comparative legal systems, along with a precise redefinition of both the average consumer and the notion of confusion. https://diplic.qom.ac.ir/article_4277.html 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 https://diplic.qom.ac.ir/article_4188.html Protection of the environment is one of the issues that has attracted a lot of attention at the international level. Due to the vastness of the subjects that relate to the concept of environment, its protection certainly requires the use of various tools. One of these tools is based on "intellectual property law". Intellectual property law can make it possible to support innovative solutions for environmental protection. Analyzing this relationship, two major theories are proposed, one of which implies the neutrality of the intellectual property system towards environmental protection and the other, on the contrary, believes in the effectiveness of the environmental field from intellectual property law. The present article, aims to analyze the relationship between intellectual property law and environment protection in a descriptive analytical manner. The basic question is: Which approach is theoretically acceptable in the relationship between environmental rights and intellectual property? The basic assumption of this article in answering the main question is that there is a synergistic and positive relationship between the field of environmental protection and intellectual property rights. https://diplic.qom.ac.ir/article_4189.html he "playback" phenomenon or pre-recorded music performance presented as a "live performance" has become one of the legal and social challenges in the Iranian music industry in recent years. This practice not only undermines the trust of the audience and music enthusiasts, but also affects the obligations of promoters and artists. The research at hand, using an analytical approach and regarding the domestic and international sources, examines the nature of playback and analyzes the resulting legal responsibilities. In this regard, questions arise, including: Can an artist's lip-syncing be considered an instance of misrepresentation? Should the affected audience file a lawsuit against the organizing company or against the artist personally to seek their rights? And finally, how can the pecuniary and emotional damages inflicted on the audience be compensated? Based on the conducted studies, it is concluded that presenting a playback performance under the title of a live concert is a clear example of breach of contract, misrepresentation, and causing damage, which leads to the violation of the audience's trust and constitutes deception and fraud in the performance. The audience can file a lawsuit against the organizing company based on contractual liability and against the artist based on civil liability. Compensation for these damages can be achieved through formal apology, refunding the purchased ticket, pecuniary compensation, and even organizing free “actual” concerts for the affected audience. https://diplic.qom.ac.ir/article_4206.html The expansion of online platforms and Internet https://diplic.qom.ac.ir/article_4305.html Artificial intelligence; Technology; Intellectual property rights; https://diplic.qom.ac.ir/article_4326.html condition of capacity to deliver https://diplic.qom.ac.ir/article_4421.html The digital space, despite all the advantages it offers in facilitating communication, has also become a platform for emerging human rights challenges. Issues such as privacy violations, restrictions imposed on freedom of expression, and discrimination arising from algorithms underscore the need for rapid and effective adaptation of laws to the complex realities of the digital environment. Solely security-focused approaches often lead to restrictions on fundamental freedoms instead of protecting rights. Among these, the development of intelligent and balanced mechanisms for safeguarding citizens’ rights in cyberspace is vital. These mechanisms must be able to effectively combat digital crimes while ensuring a safe, free, and dynamic environment for users. Adopting a comprehensive approach that emphasizes preventive and protective aspects forms the foundation for preventing technology from becoming a tool for violating fundamental rights. Achieving a sustainable balance between public security and human dignity will be the cornerstone of future policymaking in this domain. The emergence of new information technologies and the expansion of digital platforms have posed fresh legal challenges in the field of intellectual property, especially in countries like Malaysia. The widespread prevalence of copyright infringements and misuse of trademarks in the digital space reveal an urgent need to review and reform existing laws. The ultimate goal is to effectively protect the rights of creators and intellectual property within the digital environment, while maintaining a balance with the public’s access to knowledge and information. https://diplic.qom.ac.ir/article_4433.html A profound and enduring challenge confronting crimes and misconduct against academic research in Iran lies in the growing proliferation of diverse forms such as plagiarism, data fabrication and manipulation, and the expansion of informal markets for the production of academic works, alongside the relative inefficiency of mechanisms for detection, prevention, and criminal and disciplinary response. This constellation of factors has posed a structural threat to the integrity and credibility of the scientific system. The significance of this study rests in its departure from purely descriptive approaches toward a multi-level criminological analysis of this phenomenon, while also proposing a framework for the reconfiguration of Iran’s criminal policy across legislative, judicial, and executive domains. According to the main hypothesis, crimes against academic research are driven less by individual deviance than by the interaction of structural factors (the quantitative pressures embedded in academic evaluation systems), organizational factors (weaknesses in university oversight), and opportunity-related factors (deficiencies in detection and control mechanisms). Accordingly, an effective criminal policy requires a shift away from a purely punitive approach toward a hybrid preventive–restorative model. The research adopts a descriptive-analytical methodology with an interdisciplinary orientation, relying on documentary analysis (including relevant laws and regulations) and employing selected criminological theoretical frameworks. The findings indicate that regulatory fragmentation and inconsistency, weaknesses in the certainty and swiftness of responses, and the dominance of quantitative metrics in academic evaluation constitute the primary conditions for the reproduction of these offenses, while situational and cultural preventive tools have not been systematically implemented. Consequently, the redesign of Iran’s criminal policy in this domain necessitates legislative reform aimed at the consolidation and harmonization of regulations, alongside the strengthening of effective and proportionate sanctions. It further requires enhancing the efficiency and specialization of judicial authorities, and, at the executive level, the establishment of intelligent detection systems, ... https://diplic.qom.ac.ir/article_4438.html The growing reliance of structural design and analysis systems on specialized engineering software, computational models, and design documents protected under intellectual property (IP) law has led to the emergence of complex techno‑legal disputes in which structural failures are directly linked to IP infringements. International studies in forensic engineering and reports by organizations such as ASCE and ISO indicate that unauthorized use of engineering software, manipulation of protected technical designs, or the unlawful exploitation of patented or confidential technologies can generate systemic and structural errors. Despite this, a clear analytical framework explaining the role of court‑certified forensic engineering experts in establishing causation between IP violations and structural failures remains under‑developed. This gap forms the starting point of the present study. Using a descriptive–analytical methodology and drawing upon authoritative engineering, legal, and WIPO‑based international sources, this research examines the role of court‑appointed forensic engineering experts in failure analysis, authenticity verification of technical designs, identification of unauthorized use of protected technologies, and the determination of causation between IP infringement and structural damage. Findings demonstrate that expert technical reports—particularly in cases where the failure originates within hidden analytical or design processes—play a decisive role in clarifying the source of collapse and establishing civil liability of the involved parties. The study concludes that integrating engineering expertise with IP‑law frameworks provides a more reliable mechanism for adjudicating civil claims arising from structural failures.