فصلنامه حقوق پزشکی
پیاپی 32 (بهار 1394)

One of the main problems of the creators of literary, scientific, artistic and cultural works in the country is the lack of observance of the related ethical rules and laws to the protection of copyright in connection with the public rights. Regarding to recent advances and developments, meanwhile explanation of the global sphere of the copyright, present study explores the current situation of the country in protection of moral and legal rights of the creators of literary and scientific works, thereby analyzing its strengths and weaknesses, strategy to acceptance of international protection of copyright policy is determined. In terms of context and structural factors, the country current situation in terms of political, cultural, economic and structural factors, and their position on after sanction period represents lack of preparation to accept international policy of copyright protection and its ratification. On the other hand, the factors affecting international relations in the field of research and exchange of knowledge, and its ethical and legal processes emphasis on the need to review the existing rules. To adopt international policy of the protection of literary property rights and join the global treaty, it is necessary to preparing cultural, economic, ethical and legal infrastructures, gradually.

Human inventions and innovations are generally subject to legal protection but some of these innovations are not subject to legal protection. Medical methods are one of the controversial exceptions of patentability of inventions and opponents and proponents of patent ability of medical methods support propound several reasons to prove their theory. While major arguments of proponents are justifying argument of patent system, the argument of opponents can be divided into legal basis, including human rights patent law, and moral arguments. Ethical foundations supporting the medical methods exceptions are stronger than other foundations. So that it can be said patentability of medical methods are in conflict by medical ethics and Ethical foundations are the most important in all foundations. In this article we look at the conflict of patentability of medical methods by medical ethics.

Islamic Republic of Iran is considered as one of the major holder of oil and gas reserves in the world. In order to obtain the better performance when investing and operating in the oil and gas fields, it is highly requested that an international oil company ("IOC") should update its hardware, software capabilities and, in particular, project management methods, in order to utilize and transfer the best available technology while getting involved with National Iranian Oil Company ("NIOC") for the research and development (R&D) of the existing technology. This study attempts to define the concept of utilization, transfer and development of technology in oil and gas upstream projects, and to specify the boundary lines of differences between utilization, transfer and development of technology when carrying out the oil and gas upstream projects. Furthermore, this study shall also highlight the main issues and elements should be considered in the upstream projects. After due considerations given to the issue of utilization, transfer and development technology, this study concludes that first the issue of utilization, transfer and development of technology and know-how should be seriously considered by IOC when exploring, developing and operating Iran oil and gas projects. Secondly, various lines of rights and duties of both IOC and NIOC in the technology issue should be clearly identified, understood and concluded in the concerned Iran upstream contracts. Third, such contracts need to be concluded with special delicacy in such a way that they embrace the essential issues and the vital provisions as well as sanctions for non-compliance. Finally, this research concludes that any attempts related to the utilization, transfer and development of technology will only be useful and fruitful when both NIOC and IOC endeavor hard to mutually discuss and understand this very important "national interest driven" requirement, and implement its comprehensive plan jointly in order to achieve the goal of utilization, transfer and development of technology and know-how, thus, to satisfy the national interests of the Country.

Today, economical power for every country is one of the first priorities in national policies and economic potential of each country depends on net national product. The most effective factor in the increase of gross national product is the commercialization of indigenous products in all economic fields where intellectual properties are one of them. In developed countries, the portion of intellectual products that have been commercialized consists 40% of net national products. However, this number is considerably lower in Iran. This article examines e factors and barriers on commercialization of intellectual properties from legal amd economic point of view.

Patentability of inventions related to biotechnology and genetics has been one of the most challenging issues in patent law. One of these challenges is whether patenting products in which natural components are used is correct? Can we put human genes in the ownership of certain individuals? In addition, exercising exclusive rights arising from patents will limit the access of people, in particular, patients, doctors and researchers to the subject of patents. The decision of the US Supreme Court in Association for Molecular Pathology v. Myriad Genetics has put an end to many controversies and debates about isolated DNA sequences. The Supreme Court held that merely isolating genes that are found in nature does not render the invention patentable. Analyzing this decision, this article examines the patentability of DNA in Europe and USA.

Today, pharmaceutical patents constitute an important part of industrial production and investment corporations have shown interest in this issue which is willing to protect these patents for assurance of investment in this area. While progress in this field has human interests, but the unconditional protection of such patents is in conflict with the right to health as one of the fundamental human rights. Therefore, in recent years, drug patents and their impact on the realization of human rights have become one of the challenging issues of intellectual property rights among developing countries. On the one hand, the developed countries want to expand the protection to pharmaceutical patent and on the other hand, developing countries believe that the powerful protection of pharmaceutical patent has have a negative impact on patients' access to medicines. Therefore, it is necessary to discuss this issue from the perspective of international law. Following this issue, this article tries by examining and legal interpretation, specifically by interpretation of Article 27 of the TRIPS Agreement in the WTO jurisprudence, to review and explain the conflict between pharmaceutical patent rights and human rights.

The Law of the Intellectual Property is one of the types of property rights that are related to the protection and use of human intellectual creations. Given the proliferation of communications, opportunities and threats posed by cyberspace, it is important to examine the legal approaches to cyber threats in the field of intellectual property, which is addressed in this study.

The present research method is descriptive-analytical of applied type and has been done by using the legal rules of intellectual property in the field of cyberspace and library resources.

Ethical considerations:

 In organizing this research, while observing the originality of the texts, honesty and trustworthiness have been observed.

International conventions and treaties, although known as general approaches and even roadmaps for dealing with cyber threats, do not specifically address the problems of other societies in protecting intellectual property. For this reason, promoting a culture of using cyberspace, determining punishment commensurate with infringement of intellectual property, criminalizing cyber threats, and establishing codified laws to recognize intellectual property as legal elements are essential to protecting intellectual property.

Intellectual property, unlike material property, has more hidden and informal aspects. For this reason, existing intellectual property protection laws are often incomplete or lacking in cyberspace. It seems that we need a coherent and accepted approach in international law by the countries of the world. In domestic law, we also need an intellectual property institution under existing laws. In addition, intellectual property and related laws, including copyright laws, the publication of content in cyberspace, and the use of the Internet, require more stringent approaches that take into account both international law and law. Treat intellectual property as industrial property.