exceptions

A network refers to interconnected computers that process information. The data processed in communication networks can be categorized into personal and non-personal information. Non-personal data consists of information that is publicly accessible and can be processed without formalities or restrictions. In contrast, personal data refers to information that, directly or indirectly, leads to the identification of individuals and whose processing requires certain conditions and prerequisites. Among personal data, a particular subset—referred to as ‘special categories of personal data’—is subject to stricter limitations on processing. Nevertheless, lawmakers in various jurisdictions have provided exceptions to these prohibitions based on specific interests or considerations. The central question of this study is: What are the exceptions to the prohibition on processing special categories of personal data in communication networks? To answer this question, this research adopts a document-based and comparative method, examining the legal systems of Iran and the European Union. It classifies the exceptions into two categories: involuntary (statutory) and contractual exceptions. In its conclusion, the study also offers policy recommendations to address the existing legal gaps in Iran’s legal system.

Background and Goal: 

keeping Accused in Police Custody is a Police Measure following basic Objective of Guarantying Accused Presence in criminal Proceeding. Because of accused liberty deprived subsequent Using this Measure, its Application require very high accuracy.

In terms of objective, this Paper is an applied Research and in terms of Methodology, it is a descriptive-analytical study.

Giving under Supervision of Police translated from Term of “garde à vu” in France Language that expressed in criminal Procedure approved 2013 and related to one stage of criminal Process that accused stand under supervision of Law Enforcement. Because of Suspect Rights and special Condition of the Stage is very important. It is experienced that Suspects Rights are vulnerable in this Stage and Sometimes destiny of proceeding determined in light of evidences obtained in Short time of Policial custody, for this Reason Legislatures of varicose countries in recent Years passed accurate Provisions for policial Custody. Due to need of keeping Suspect for preliminary Investigation, rapid gathering of Evidence and trace of Crime and Prevention of vast Consequences of Crime especially in organized, Terror and security Crimes, Suspects Rights confront with numerous exceptions.

Rights of under supervision Person, Condition required for giving under Supervision, Duration of under Supervision, and other Subjects are considered in this Paper. Duration of giving under Supervision divided two Sections: Duration of giving Under Supervision and Duration of especial giving under Supervision that discussed in this Paper.

From the early  national and international  intellectual property  legislation for artistic and literary works, some exceptions such as personal use, use by libraries, educational institutions, as well as criteria such as the three-step test of the Berne Convention, were legislate on the material  rights of the authors of  artists and literary  works. As the purpose followed by the lawmakers of intellectual property  is to  protect the intellectual and material  rights of the authors, the question arises that what is the reason for the existence of these exceptions that lead to the use of intellectual property without the permission of the creator?     

This research has studied the relevant sources and collected information by descriptive-analytical method.       

With regard to reasons for anticipating these exceptions, it is concluded that  there are some grounds  for these exceptions ,including the human rights protection ,economic factors , welfare and social justice , technology development issues and  in Iran jurisprudential grounds. The present article concludes only by addressing one of these principles, which is the protection of human rights, that the human rights approach leads to maintaining the balance between the rights of the authors and the interests the society has in using these  literary and artistic works. Such human rights as the freedom of speech, access to the information and use of practical developments and participation in cultural life are among the basic grounds for imposing these exceptions on the intellectual property rights.

the intellectual property system of a country will be effective when it can safeguard and support the interests of intellectual property rights and to consider the public interest of the society. although the introduction of intellectual property system into the global arena and the adoption of international documents makes it possible to coordinate this system, appropriate to the interests of nations. But these documents also provide flexibility for countries to adjust their intellectual property to suit their national interests. One of the anticipated flexibilities is the possibility of exceptions to proprietary proprietary rights; the exemption allows states to exclude or restrict certain intellectual property rights in their national interests. although international documents have considered rules to make exceptions, it is different from the national and national interests of any country to address national norms in coordination with the economic and legal structure of countries Non-motivated inconsistency and securing the general interest of the general public, are two principles that, based on the Imamiyyah jurisprudence framework, can help to make exceptions.key words: Industrial Property, Inventions, Exceptions, Private Property, Public Interest

Privacy and its theoretical issues are in direct relation with governments since the expansion of Privacy and its realm are desirable to individuals and legal entities on the one side, and on the other side the governments, under the political and security reasons, are trying to minimize the realm of privacy in order to get access to information and get permissions for violating this absolute humanitarian right. This research attempts to answer the main questions that what are the bases of privacy?, and what are the exceptions considered thereon in regard with Islamic resources? Consequently, the first step is to look at privacy from public law point of view; furthermore, determine the bases of respecting privacy to support the rights of people and the related exceptions to support the government and the society. Therefore, studying the Islamic resources, we categorized the bases of respecting privacy as: Respecting human dignity, Respecting the righteous people (Mu’min), forbiddance of molesting of people, trustworthiness, prevention of dissemination of prostitute, and keeping ethics. It is clear that the rights of people have been emphasized by Islam, but on the other side, the rights of the society in general which represented by government must be considered as well. Generally, the exceptions toward privacy can be listed as governmental authorities, enemies, domestic hypocrites, children from their parents’ side, the sinner, the ruthless ruler, security breachers, and heretics. In the rest, the stand of privacy in the law of Iran has been studied and the principles of the constitution and the vision document eventuated to the enactment of the comprehensive plan of communication and information technology. Even though the bases of privacy limitations have been used in accord with the Islamic subjects, there are some misinterpretations through the opened issues.

The patent system has been formed on the basis of certain principles, including motivating the inventor and respecting his work. Against it there are other bases, like competition, which is in conflict with the foregoing foundations and, of course, precedes it. Considering that the law of patents, industrial designs and trade marks of Iran, in accordance with other laws of intellectual property rights in the countries of the world, finds the solution to this conflict in recognizing the exceptions to the exploitation of patents and in Section C Article 15, Determining the Exceptions;This article seeks to clarify, using the documents of the Permanent Patent Committee of WIPO and other existing documents, certain foundations which are in conflict with the founding principles of the patent and which justify the acceptance of the exceptions. . Therefore, it seems that the bases for the exceptions of the exploitation of patents in the five general sections of the economic, legal, cultural and social, health and security principles, and also within the framework of jurisprudential foundations.

Or, given the importance of the discussion of crime and punishment imposed on it as a social act, both defined in the law, it was necessary to examine the exceptions to the finality of the execution of the punishment. With regard to the principle of punishment and the justification for its legitimacy, and considering the aims of punishment and the conditions necessary for their performance, exceptions such as repentance amnesty have led to the ineffectiveness of the controversy and the body of the criminal justice system to some extent Shaken. In this research, which is a method of analyzing and describing the library tool, it is a snap-in to provide an explanation of the crime, punishment, and damage caused by exceptions to this in two parts, in the first section, definitions and punishments, and in section Secondly, we have dealt with the sentences and the asiyas of the punctuality of execution, along with several issues.

Folklore is the fruit of the efforts of various human groups that have a moral and financial value and as intellectual property of indigenous peoples are considered. On the one hand, the people of the community tend to use this asset to survive in the course of their excellence. Therefore, the protection of the assets and free utilization criteria from them is very important. Law scholars have tried to analyze the mechanism of protection and exploitation based on the intellectual property rights system. But this analysis is difficult, because the system of intellectual property rights has elements such as originality, novelty, innovation, and fixation of the work, which is difficult to achieve in the manifestations of the folklore and the use of them must also have systematic rules and regulations so that these asset are not lost. So the question is how much society will have access to it and where is the domain of owners monopoly? According to the descriptive- analytical method, this paper attempts for analyzes in the folklore in the intellectual property rights, ownership, and the scope of the exploitation. Finally, it concludes that the scope of the use of folklore requires the determination of criteria and the relevant intellectual property rights standards are effective in this regard.

An action that one of the litigants proceeds against another litigant during a proceeding is related action. If this action has perfect relation by that action which is in course of proceeding, proper administration of justice and preventing to issuing paradoxical judgments requires to ruling all of them in one proceeding as one case. In these two cases: “annulling the title of defendant in half of portion” and “demanding remuneration for total portion” we can see that Iranian procedural laws cannot suggest any reliable solution for solving the paradox between their final judgments. Therefore, how we can collect these actions at pleading stage, in during the proceeding and in using the way of attack against judgments (reviewing stage) and even if in execution of judgments and finding a solution in Civil Enforcement Law is the main subject of this article.