Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Legal Analysis of Security Based Intellectual Property Transactions at Iran's Farabourse

Document Type : Research Article

Author
PhD in Private Law, Faculty of Law, Shahid Beheshti University of Tehran. (Corresponding Author)
Abstract
One of the exchangeable securities at Iran's Fara bourse is Intellectual Property based securities. There are four different ways to exchange these Intellectual Property based securities which are all based on the familiar Contract that is called Assignment Contract. According to this kind of contract " Assignment", the assignee (who receives the Intellectual Property)  will enjoy all rights and obligations of the assigner (who delivers Intellectual Property ) ; therefore the assignee may employ and enjoy all required facilities in this regard, which are provided for the owner of the intellectual Property. This Assignment Contract causes legal specialists and Practitioners and Feqhi Committee members of Stock Exchange Organization to compare this practice with Civil Law existing contracts like Selling Contract, Solh Contract, Exchanging Contract or Leasing Contract. Whereas this Contract can not be the same as any of the aforementioned contracts (Selling Contract, Solh Contract, Exchanging Contract and Leasing Contract) and has various differences which are it's own qualifications. So it seems that Assignment Contract is an especial and unique Contract with different specifications which make it a new Contract.
Keywords

1- Ahmadi Mianji, Ali, (1424 AH), Private Property in Islam, Tehran, Justice Press.
2- Bahrani, Muhammad, (1428 AH), Fiqh Al-Masraf and Al-Naqud, Qom, Al-Fadak School.
3- Jafarzadeh, Mir Qasim, (2006), Jurisprudential foundations of the legitimacy of intellectual rights, Scientific Journal of Theology and Law, No. 19.
4- Jafarzadeh, Mir Qasim, (2008), Conceptual analysis of intellectual property: an effort to prepare a comprehensive theory, Scientific Journal of Legal Research, No. 52.
5- A group of researchers, under the supervision of Shahroudi, Seyyed Mahmoud, (1423 AH), Encyclopedia of Fiqh al-Islamiyya according to the religion of Ahl al-Bayt, peace be upon them, volume 10, Qom, Institute of Encyclopaedia of Islamic Jurisprudence on the Religion of Ahl al-Bayt, peace be upon them.
6- Hikmatnia, Mahmoud, (2014), a review of the moral rights of intellectual property and its validity, Scientific Journal of Jurisprudence and Law, No. 5.
7- Hali, Hasan bin Yusuf bin Motahar Asadi, (1388 AH), Tazkira al-Fiqaha (T-Qadimiyah) in one volume, Qom, published by Al-Al-Bayt Institute, peace be upon them.
8- Hali, Hasan bin Yusuf bin Motahar Asadi, (1414 AH), Tazkira al-Fiqaha (Ta-Hadith), volume 16, Qom, published by Al-Al-Bayt Institute, peace be upon him.
9- Khomeini, Seyyed Ruhollah, (1421 AH), Kitab al-Bai, volume 1, Tehran, published by Imam Khomeini Works Editing and Publishing Institute.
10- Saeedi, Mohammad Ali, (2007), objective and religious right in Iranian and French law, doctoral thesis, Shahid Beheshti University Faculty of Law, Tehran.
11- Salami, Seyed Reza, Godarzi, Mehdi, (2012), ways to improve Iran's intellectual property system in order to develop the country's technology, Journal of Industrial Management Studies, No. 3.
12- Soltani, Mohammad, Akhwan Hezaveh, Hameda, (2012), the nature and legal rules of stock endorsement, Stock Exchange Quarterly, Year 5, Number 17.
13- Sharifian, Shiva, (2013), a look at the trend of increasing applicants for the supply of intellectual assets in the over-the-counter market, Stock Exchange Magazine, No. 112 and 113.
14- Schiffer, Richard, Earl, Beverly, Tuagosti, Philibert, (2004), License Agreements and Protection of Intellectual Property Rights, translated by Hadavand, Mahdi, No. 1.
15- Tusi, Abu Jafar Muhammad bin Hasan, (1387 AH), Al-Mabusut fi Fiqh al-Imamiyah, volume 7, Tehran, Al-Maktabeh al-Mortazawieh Lahiya al-Aqti al-Jaafariyya.
16- Quds Tainet, Saberi, Jamali, Mohseni, Naqvi, Namour, Nazanin, (2013), Farabours; The missing link of the intellectual property market, Bors magazine, numbers 112 and 113.
17- Katouzian, Nasser, (2008), lessons from certain contracts, 13th edition, volume 1, Tehran, Ganj Danesh Library Publications.
18- Karimi, Abbas, (2007), Mortgage of Intellectual Property, Journal of Faculty of Law and Political Science, University of Tehran, Volume 38, Number 2.
19- Lankarani, Mohammad Fazil, (1425 AH), Jame Al-Masail, Qom, Amir Qalam Publications.
20- Lankarani, Mohammad Fazil, (1429 AH), Detail of the Shari'ah - Al-Ghasb Ihya Al-Mawat, Al-Mushtarkat and Al-Qatah, Qom, published by the Jurisprudence Center of Imams Athar (Alaihim al-Islam).
21- Mohseni, Behnam, (2012), sell your ideas and inventions over the market, Bazaar and Capital magazine, number 40.
22- Mohagheq Damad, Seyyed Mostafa, (2013), General Theory of Terms and Obligations in Islamic Law, 3rd edition, Tehran, Islamic Sciences Publishing Center.
23- Makarem Shirazi, Nasser, (1425 A.H.), Anwar al-Faqaheh - Kitab al-Bai, Qom, Imam Ali Ibn Abi Talib, peace be upon him, publishing house.
24- Makarem Shirazi, Nasser, (1427 A.H.), Encyclopaedia of Fiqh Makarn, Qom, Publications of Imam Ali Ibn Abi Talib School, peace be upon him.
25- Montazeri, Hossein Ali, (1409 AH), Derasat fi Wilayah al-Fiqhiyyah Al-Dawlah al-Islamiyya, Volume 4, Qom.
26- Najafi, Muhammad Hossein bin Ali bin Muhammad Reza, (1359 AH), Tahrir Al-Majlah, Volume 1, Najaf Ashraf, Al-Maktabeh Al-Mortazawieh.
27- Naraghi, Ahmad bin Muhammad Mahdi, (1415 AH), Al-Shi'a document in the rulings of the Shari'a, volume 14, Qom, published by Marsa Al-Al-Bayt, peace be upon him.
28- Nizam Dost, Hossein, (2013), a look at intellectual property transactions in the world, Stock Exchange Magazine, No. 112 and 113.
29- Brennan, Lorin, Dodd, Jeff, Model Intellectual Property Contract Law, Uncitral Third International Colloquium on Secured Transactions.
30- Field, Thomas, (2006), What Is Intellectual Property?, U.S. Department of State, Bureau of International Information Programs.
31- Hasan Nezhad Neisi, Sajedeh, Mazraeh, Saeed, (2013), The relationship between Intellectual Capital and Profitability in Tehran Stock Exchange (TSE), International Research Journal of Applied and Basic Sciences, Vol 5 (1).
32- http://rdis.ir/NewsDetail.asp?NewsID = 161.
33- Institute of Company Securities of India, (2014), Intellectual Property Right-Law and Practice.
34- WIPO, WIPO Intellectual Property Handbook, (2004), WIPO Publication, Second Edition.

  • Receive Date 02 October 2021
  • Revise Date 05 October 2021
  • Accept Date 11 October 2021