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Register a new userThe Legal natural of the Intellectual Property
الطبيعة القانونية للملكية الفكرية
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مؤيد زيدان( باحث )
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يهدف هذا البحث إلى بحث و توضيح مفهوم و طبيعة الملكية الفكرية التي حظيت باهتمام قانوني و اقتصادي كبير، حيث تقسم الملكية الفكرية إلى قسمين الأول هو الملكية الفكرية الأدبية و الفنية، و الثاني الملكية الفكرية الصناعية و التجارية. و أهمها اتفاقية برن للملكية الأدبية و الفنية لعام 1886 ، و اتفاقية باريس لحماية الملكية الصناعية و التجارية 1883 و غيرها من الاتفاقيات الدولية، كاتفاقيات منظمة ال (WIPO).
This research intends to provide an explain about natural of socalled intellectual property that has received considerable attention legal and economic . Intellectual property is usually divided into two branches. First one, industrial property, which protects inventions, while the second is copyright, which protects literary and artistic works. Copyright law protects the owner of property rights against those who copy or otherwise take and use the form in which the original work without permission from the owner.
References used
WIPO intellectual property handbook ، WIPO publication No.489 (E) WIPO 2004 ، second edition ، reprinted 2008، P3
إحسان سماره، مفهوم الملكية الفكرية و ضوابطها في الإسلام، دون ذكر سنة النشر.
إبراهيم عبد المجيد اللبان، العدل الاجتماعي، تحت ضوء الدين و الفلسفة، دون ذكر مكان و تاريخ النشر.
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It gives the public law of the administrative powers the permit to
carry out a series of actions to ensure the satisfaction of public needs,
thereby achieving the public need. Generally, these acts of
administrative and business are the availability of public power element
which clearly shows the composition of the administrative decision and
the administrative contract.
This research is on attempt to answer a question that is not dealt with completely
by the Syrian Copyright Act of 2001 the research argues the essence of databases, by
defining it, mentioning its characteristics and what makes it different from the
other
protected compilations; then it shows the rights which may arise on databases. After
that, the research studies the protection which is granted by Syrian Law to the right
holders of databases, whether they are authors or investors, arguing, in the scope of
comparative study with, Arabic, foreign, and international statutes. the end, the
researcher Lott the need to include databases with more individualized legal rules,
which suit its special nature; the researcher recommends right holders to emphasize
the importance of contractual protection since it provides a helping factor in
reaching the satisfactory protection. ...
Since the documentary credits were the most widely used in the
field of international commerce, as to ensure the execution of
international sales contracts, the question, of the legal nature of the
two categories of documentary credits : Simple (w
hich did not
stipulate to be transferable) and the transferable one, is extremely
important.
To illustrate the special nature of documentary credit, it is
necessary to differentiate between the documentary credit simple
and other similar operations: as letter of guarantee, standby Credit
and documentary collection, and between the transferable
documentary credit and the other similar operations as assignment
of right, back to back credit and other specific credits.
we have dedicated this
research to study the legal and legitimate nature of the banking
Murabaha contract and the problems that might hinder its application.
To determine the nature of the banking Murabaha contract, it is
necessary to differentia
te between the Murabaha contracts on the one
hand and similar contracts on the other hand, such as the sale of trust,
sale at auction, usurious loan contract and the documentary credit
contract. Then the legal and the legitimate adaption of the banking
Murabaha contract should be illustrated to approve the special and
unique nature of this complex process.
The international contracts of technology transfer are considered to be one of the
most important agreements for the undeveloped countries for many reasons, firstly
through these contracts the undeveloped countries could fill the gap between them
and developed countries technically, ofcourse if they did well, secondly these
contracts can also help the undeveloped countries to attain the growing levels which
enable them to achieve prosperity and welfare for their citizens, still, those contracts
arouse suspicions and they can lead to several lawful issues- yet I tried concentrating
on preparing stage which precedes making an agreement and the responsibility of
parties, for that what motivates me for that is the absence of lawful texts which
regulate this phase inspite of its important. through this research I have tried to
enlight some legal aspects about the contract negotiations, the preparing agreement
other issues following the comparable approach thereby. ...
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