The comparative study of contradiction between third party's privacy and exercising intellectual property in cyber space
Author(s):
Abstract:
Application of IPR and the right of investigation about the claim of its infringement، need issuing some protective orders. Mostly، this is for avoiding destruction of evidences which can be effective in proving the right of the plaintiff. The purpose of this study is to find out how can protect the third party’s right of privacy in the process of IPR enforcement. In common law، there are two important and distinctive rules; first، an order as a temporary order known as “Anthon Piler” to explore “identity disclosure” and second، the rule mentioned in “Norwich Farmacall” ’s case which is used for “identity disclosure”. Reviewing in norms and conditions of issuing primary investigations، distinction between disclosure of identity and information، restricting the identity and information disclosure scope، and precaution in issuing shifting orders are some of efforts which are done to protect privacy and balancing the earlier mentioned rules. In Iran’s law، gathering information which is possessed by intermediators without using judicial orders are considered as crimes relating to tracking communications. Tracking، disclosure or using the content of communications is against the principle and is just authorized in specific and restricted situations.
Keywords:
Language:
Persian
Published:
Private Law, Volume:10 Issue: 23, 2014
Pages:
183 to 209
https://www.magiran.com/p1302421
سامانه نویسندگان
از نویسنده(گان) این مقاله دعوت میکنیم در سایت ثبتنام کرده و این مقاله را به فهرست مقالات رزومه خود پیوست کنند.
راهنما
مقالات دیگری از این نویسنده (گان)
-
Theory of Ownership and Theory of Obligation from the Perspective of Legal Scholars
Jalil Ghanavaty *
Journal of Judgment, -
Analyzing the proofs of collateral transfer in Islamic jurisprudence and Iranian law
Mohammadebrahim Davoodabadi Farahani, *, Mahmoud Ghaumzadeh
Fighe Maqaran,