The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Civil liability resulting from violation of military patent rights in Iran's legal system

Document Type : Original Article

Authors
1 PhD student in Fiqh and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2 Danishyar, Group of Islamic Jurisprudence and Laws, Danishdeh Literature and Human Sciences, Tehran Central District, Daneshgah Azadaslami, Tehran, Iran
3 Associate Professor, Department of Jurisprudence and Private Law, Shahid Motahari University (RA), Tehran, Iran
10.22034/mral.2024.2027814.1603
Abstract
Military inventions like other inventions have certain rights; As a result of violating these rights, the violators are subject to civil liability; However, determining the basis of civil liability of violators of military patent rights, entails additional difficulties; Because, today, unlike industrial inventions, which have certain legal protection; Military inventions do not have such strong support; Because, and on the other hand, in countries that follow the regime of property rights, this compliance is often absolute. is not; Therefore, it can practically be claimed that the dominant regime in military inventions is the secret regime; Therefore, mainly the violation of inventors' rights has lost the ability to be compensated; And on the other hand, military inventions are inextricably linked with concepts such as military power and national security, and therefore this link leads to the most severe basis of civil responsibility; A matter that is often seen as an exception in the violation of other rights, In this research, we are looking for an answer to the question, what are the basic criteria for civil liability in military inventions, and finally, what is the appropriate basis for these violations? The results of the research show that the violation of these inventions is subject to two specific criteria: Who has violated? What invention has been infringed? Each of these criteria requires its own specific basis.
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Volume 7, Issue 24
seventh year, 24th issue, ّFall 2025
Autumn 2025
Pages 139-167

  • Receive Date 03 May 2024
  • Revise Date 24 May 2024
  • Accept Date 29 June 2024