Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Protection of industrial property rights in the space of information exchange

Document Type : Review Article

Author
Ali Mohamad Dehghan
Senior expert in private law, Faculty of Law, Islamic Azad University, Yazd branch. (Corresponding Author)
Abstract
Fundamentals of Industrial Property Law In order to maintain a balance between intellectual-industrial property and access to free information, one of the main intellectual challenges in today's information society is regulated by respect for rights. The principle of territoriality of intellectual property rights (and especially industrial property) and the principle of transnationality of the Internet each have their own territory and nature and do not conflict with each other in the creation stage. And makes research in this field necessary; Therefore, in this article, with the library method and with a descriptive-analytical approach, "protection of industrial property rights in the information exchange space" has been studied. Studies have shown that industrial property rights face new legal challenges in the information exchange environment; And these challenges are more pronounced in two areas: trademark rights and patents. "The principle of territoriality of the protection of industrial property rights" in the borderless space of information exchange has faced serious threats; And the growing expansion of this space has affected the territory and the manner of protection of industrial property rights, and this space has become a suitable arena for escaping the classic rules of industrial property rights; And requires new rules. In order to create this guarantee, legal systems use various solutions and measures called enforcement guarantees. These guarantees include security measures and temporary measures, which are discussed in this article.
Keywords
Industrial property rights
trademark rights
territorial principle
information exchange space
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  • Receive Date 07 March 2022
  • Accept Date 15 March 2022