Paper Information

Journal:   JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)   SUMMER 2011 , Volume 13 , Number 33; Page(s) 133 To 164.
 
Paper: 

CRITICISM OF ACT ON GENERAL POLICIES OF PRINCIPLE 44 OF CONSTITUTION (PRIVATIZATION ACT) FROM THE VIEW OF RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY AND COMPETITION LAW

 
 
Author(s):  SADEGHI MOHSEN, SHAMSHIRI SADEGH
 
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Abstract: 

Some connoisseurs believe that intellectual property is contrary with competition law. In contrast, another group explains that there is not any challenge between them. This disagreement shows that interaction or challenge between intellectual property and competition law is considered as variant issue and depends on the development level of countries, therefore, the legislator of any country tries to balance them by accordance of economic and develop interests and necessity.
Recently, Iranian legislator has paid attention to this subject for the first time in Act on General Policies of Principle 44 of Constitution (Privatization Act). However, this Act has not been surveyed until now, hence, this article tries to answer these questions that what are innovations and defaults of Act in the field of balancing of intellectual property and competition law? And what is the effect of this Act on competitive atmosphere in Iran? This paper supposes that the approach of the mentioned Act is heterogeneous. The article constitutes two chapters: the first chapter considers the interaction and challenge between intellectual property and competition law by accordance of comparative study in EU regulations; and the second chapter surveys Act on General Policies of Principle 44 of Constitution and suggests suitable and practical solutions to legislator.

 
Keyword(s): INTELLECTUAL PROPERTY RIGHTS, COMPETITION LAW, DEVELOP OF COMPETITIVE ATMOSPHERE, EUROPEAN UNION, ACT ON GENERAL POLICIES OF PRINCIPLE 44 OF CONSTITUTION
 
References: 
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