The Legal Status of Intellectual Things Before and After the Protection Period

The legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectu...

Full description

Bibliographic Details
Main Authors: Mehdi Zahedi, Ebrahim Chavoshi Lahrood
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2022-12-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
Subjects:
Online Access:https://jplr.atu.ac.ir/article_15355_015067fca9595cd00f51d28d1c9e40ff.pdf
_version_ 1797375789014974464
author Mehdi Zahedi
Ebrahim Chavoshi Lahrood
author_facet Mehdi Zahedi
Ebrahim Chavoshi Lahrood
author_sort Mehdi Zahedi
collection DOAJ
description The legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectual property rights and after the expiration of the protection period, as well as what economic rights have intellectual things outside the scope of intellectual property rights, is the subject of this article.  To answer this question, with a descriptive-analytical method and based on library studies, the legal status of intellectual things was investigated in two periods before and after the protection and the effect of real and contractual monopoly on mentioned things and concluded that things As long as they are under the customary dominion of the creator, are considered property and belong to the creator, and after the period of protection, they are not in the public ownership of the society of a country but are considered a part of the common heritage of humanity, that is not limited to the territorial borders of countries, and no private,  governmental, or public persons have the right to own and create a monopoly whether real, legal, or contractual over it.
first_indexed 2024-03-08T19:29:17Z
format Article
id doaj.art-4857498bc8e34568b67ca080c9e3ce82
institution Directory Open Access Journal
issn 2345-3583
2476-6232
language fas
last_indexed 2024-03-08T19:29:17Z
publishDate 2022-12-01
publisher Allameh Tabataba'i University Press
record_format Article
series Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
spelling doaj.art-4857498bc8e34568b67ca080c9e3ce822023-12-26T07:49:50ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322022-12-01114112715710.22054/jplr.2023.69929.270815355The Legal Status of Intellectual Things Before and After the Protection PeriodMehdi Zahedi0Ebrahim Chavoshi Lahrood1Associate Professor of Public and International Law, Allameh Tabataba'i University, Tehran,IranPh.D. Student in in Private Law, Allameh Tabataba'i University, Tehran,IranThe legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectual property rights and after the expiration of the protection period, as well as what economic rights have intellectual things outside the scope of intellectual property rights, is the subject of this article.  To answer this question, with a descriptive-analytical method and based on library studies, the legal status of intellectual things was investigated in two periods before and after the protection and the effect of real and contractual monopoly on mentioned things and concluded that things As long as they are under the customary dominion of the creator, are considered property and belong to the creator, and after the period of protection, they are not in the public ownership of the society of a country but are considered a part of the common heritage of humanity, that is not limited to the territorial borders of countries, and no private,  governmental, or public persons have the right to own and create a monopoly whether real, legal, or contractual over it.https://jplr.atu.ac.ir/article_15355_015067fca9595cd00f51d28d1c9e40ff.pdfintellectual propertyreal monopolycontractual monopolypublic domain
spellingShingle Mehdi Zahedi
Ebrahim Chavoshi Lahrood
The Legal Status of Intellectual Things Before and After the Protection Period
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
intellectual property
real monopoly
contractual monopoly
public domain
title The Legal Status of Intellectual Things Before and After the Protection Period
title_full The Legal Status of Intellectual Things Before and After the Protection Period
title_fullStr The Legal Status of Intellectual Things Before and After the Protection Period
title_full_unstemmed The Legal Status of Intellectual Things Before and After the Protection Period
title_short The Legal Status of Intellectual Things Before and After the Protection Period
title_sort legal status of intellectual things before and after the protection period
topic intellectual property
real monopoly
contractual monopoly
public domain
url https://jplr.atu.ac.ir/article_15355_015067fca9595cd00f51d28d1c9e40ff.pdf
work_keys_str_mv AT mehdizahedi thelegalstatusofintellectualthingsbeforeandaftertheprotectionperiod
AT ebrahimchavoshilahrood thelegalstatusofintellectualthingsbeforeandaftertheprotectionperiod
AT mehdizahedi legalstatusofintellectualthingsbeforeandaftertheprotectionperiod
AT ebrahimchavoshilahrood legalstatusofintellectualthingsbeforeandaftertheprotectionperiod