The analysis on legal requirements for security of literary and artistic property rights on E-commerce platform in Iranian law compared to international regulations

چکیده مقاله

The providing security for E-commerce is deemed as one the important subjects in Ecommerce, particularly in literary and artistic property. It has been tried in the present essay to examine this subject in Iranian law and international regulations using descriptive- analytic method. In order to  guarantee for security of commerce in electronic (cyber) space, Iranian legislator should deal with the subjects already has been concerned with rather than in cyberspace but  difference in E-commerce caused formation of Trade Law and Cybercrimes Act  which have been specifically codified for this purpose and represented the special position of requirements in Iranian law. Some instructions have been codified in International conventions e.g. TRIPS in line with reservation of literary and artistic property rights the member states shall accept them as domestic rules after membership in the convention. In international trade conventions, sanction is deemed as referring the disputed subject among two nations to the arbitration and sanction in domestic law includes payment of fine for guarantee to commit infringement of author’s right. It seems that the instructions of conventions similar to TRIPS are necessary since with respect to this fact that new developments have become more updated in E-commerce and in domestic law, although Iranian legislator has referred the relevant rules to non- cyberspace to achieve this objective in some cases while on some occasions has codified new legal articles but there are still some infringements and gaps in this regard. 

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