چکیده:
In the contemporary digital world, protection of the intellectual property rights which is done based on various kinds of advanced technologies (and to put it more accurately, by information and communication technologies) is one of the most important challenges faced by the contemporary legal systems.In the contemporary technological world, in the context of advances resulted from sciences and technologies, items which are protected by laws concerning protection of intellectual properties may be saved,copied, transferred, and changed in a fraction of a second. This has forced most legal systems to formulate consistent protective rules to protect intellectual property rights in the context of electronic exchanges. New treaties of the World Intellectual Property Organization have been formulated according to the instructions provided by the Parliament and Council of Ministers of the European Union to comply with advances made in the technological field and complete Bern and Paris treaties. The article 62 of the Electronic Commerce Act of Iran has been passed to face this very challenge. The present article aims to study mechanisms invented to protect such rights at domestic and international levels.
خلاصه ماشینی:
All these rights, which are enumerated in the Law for the Protection of Authors, Composers, and Artists passed in 1969, the Law on the Registration of Trademarks and Inventions passed in 1931, and the Law for the Protection of Computer Software Creators passed in 2000; if they are produced, distributed, stored, and processed in the form of data-messages within the context of electronic transactions, they are covered by the Electronic Commerce Law passed in 2003, and their violation is considered a crime under Article 62 of the Criminal Law. Protecting intellectual property rights in today's digital world is considered one of the main challenges of legal systems.
Considering the above, it can be concluded that the right to reproduce, perform, and distribute (publish and supply) the aforementioned works in cases where they are produced, processed, and distributed as data messages belongs exclusively to the translator or their legal heir, and the violation of these cases subjects the perpetrator to the penalty prescribed in Article 74 of the Electronic Commerce Law. Reproduction in literal terms means adding, and in the context of electronic transactions, it refers to copying information and regenerating it in another document, file, memory, or durable medium.
A patent is among the intellectual property rights and, pursuant to Article 62 of the Electronic Commerce Law, in cases where information related to an invention is produced as a data-message and is reproduced, executed, and distributed within the context of electronic exchanges, it falls under the scope of the protective laws mentioned in the text of the article and the Electronic Commerce Law, and its violation is considered criminal.
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