چکیده:
Public order is considered a principle within the framework of national laws of countries, and it is regarded as a tool for preserving private and public interests in society. Respect for the norms and public order of each country extends to the point that it can even influence private law contracts in the field of international private law. With the formation of new rights such as intellectual property rights in national laws and their influence from international intellectual property conventions in the field of conflict of laws, we are witnessing the emergence of international principles aimed at maximizing protection, which have not been without impact on the scope of national laws; so that their role can be significant in choosing the governing law, especially in disputes over infringement of intellectual property rights. This article attempts to examine the role of these principles in selecting the governing law for the framework of infringement of these rights by referring to international intellectual property conventions and the formation of an international public order influenced by these principles.
خلاصه ماشینی:
The Role of International Principles of Intellectual Property Protection in Choosing the Law Governing Intellectual Property Rights Infringement Najadali Almasi Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran Abbas Ahadzadeh PhD Student in Private Law, Islamic Azad University (Science and Research Branch, Qom) (Date of Receipt: 2016/03/26 - Date of Approval: 2017/02/20) Abstract Public order, as a principle within the framework of national laws, is considered a tool for preserving private and public interests in society.
The regulations of international intellectual property conventions ١, which were created with the aim of harmonizing national laws, have led to a situation that has also been influential in determining conflict of laws rules in the field of international private law; while the nature of conflict of laws rules is such that, due to respect for the public order of each society, they follow the principle of territorial sovereignty of the laws of countries.
The rapid and widespread infringement of intellectual property rights poses a major challenge in selecting the governing law, and in a situation where the laws of countries, including our country's Civil Code, do not provide a specific conflict of laws rule in such cases, we are faced with the question of whether we can broadly interpret the concept of public order to which the legislator referred in Article 975 to extend its scope to international intellectual property standards?
(
, 
, 
)
