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INTELLECTUAL PROPERTY

Intellectual property is well-developed under modern legal systems, such as civil law and common law systems. There are also principles in international law based on regional and international treaties concerning intellectual property.

Traditional Islamic law does not have specific provisions regarding intellectual property rights. The area of intellectual property law is of recent origin, and has developed in recent decades. However, many Muslim and Middle Eastern countries have joined international treaties relating to intellectual property. Iran was not party to any international treaty relating to copyright and protection of intellec­tual properties. However, in 2000, the Iranian Parliament enacted legisla­tion allowing the Iranian Government to join the World Intellectual Property Organisation. At the time of writing this chapter, serious discussions are currently being undertaken within the Iranian Govern­ment and Parliament to ratify the 1886 Berne Convention for the Protection of Literary and Artistic Works. There are, however, a number of pieces of legislation that protect copyright interests in Iran. The Law of Registration of Trademarks and Inventions 1930 regulates the registra­tion of business and commercial signs and trademarks, as well as inventions and commercial plans. There is also legislation for the protection of copyright, and the protection of artistic works of individuals and artists. The Law of Protection of Copyrights and Rights of Artists was enacted in 1961. According to Article 2 of this Act, books, articles and other written materials, such as poems, songs and musical works, as well as any other architectural and artistic works, are protected. In 2000, the rights of inventors of computer software came under the protection of the Law of Protection of Creators of Computer Software 2000.

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Source: Hosen Nadirsyah (ed.). Research Handbook on Islamic Law and Society. Edward Elgar Publishing,2018. — 474 p.. 2018
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