Mohammad Mahdi Ghabooli Dorafshan; Saeed Mohseni
Abstract
The industrial design is a two or three-dimensional aesthetic creation related to industrial products. According to the definition of the Iranian law, for the realization of the legal protection of industrial designs there are three necessary components: combine lines or colors, runs on industrial products ...
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The industrial design is a two or three-dimensional aesthetic creation related to industrial products. According to the definition of the Iranian law, for the realization of the legal protection of industrial designs there are three necessary components: combine lines or colors, runs on industrial products and change product appearance. In Iran, only the registered designs are supported. While under EU regulations, the unregistered designs are also supported (off course for a shorter time). Due to its artistic privilege and industrial goals, the industrial design is considered as the boundary between literary and artistic property and industrial property. Therefore, according to the theory of the unity of art, same thing could apply for each of the two literary and artistic rights protection system and the especial system of industrial designs. Off course, the mentioned unity is not complete enough and some cases can be merely protected through artistic and literary rights. Thinking on the design and invention of an object is also conceivable, but if the industrial design is required technical performance, it cannot be supported as an industrial design anymore. The difference between the industrial design and brand is that the brand seeks to introduce the distinctions of goods or the services being offered by persons, while the goal of the industrial design is prettifying the products in order to persuade and attract more customers. However, both concepts may be considered in a single form.
Saeed Mohseni; Mohammad mahdi Ghabooli dorafshan
Abstract
Relative nullity is one of the sanctions against violating the rules of establishing the contract and is regarded as a known legal entity in the law of France. It is a situation that the legislator has considered in case of violating the rules supporting given party or parties. Hence, he gave them authority ...
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Relative nullity is one of the sanctions against violating the rules of establishing the contract and is regarded as a known legal entity in the law of France. It is a situation that the legislator has considered in case of violating the rules supporting given party or parties. Hence, he gave them authority to decide about the contract themselves and as far as the beneficial party does not have any protests to the contract, the contract is correct and has its legal effects. However, if the annulment of the contract (on the due date) is assigned to the court at the request of the beneficial party; the contract, except in exceptional cases, has to be annulled from the very beginning to terminate its legal effects. Such a concept does not exist in the traditional law of Iran and we just come to see it in some texts, which are taken from western law. Owing to this fact, the said concept is unfamiliar and ambiguous in the law of Iran and exact understanding of this concept requires an independent and detailed discussion. This important task is not possible except through considering its origin. For this reason, in the present paper, we seek to clarify the definition and meaning of this entity via comparing it with similar concepts and providing the conditions for gaining an exact and deep understanding of it.
