نشریه تعالی حقوق
سال نهم شماره 2 (تابستان 1396)

In Iranian and English laws, patent infringement is defined as doing any illegal act like as: dispose, offer to dispose, making, importing, keeping and using of right. But, doing this acts, always are not regarded the infringement of patentee rights. In fact, in order to protect of social interest and forbidden patentee of exclusivement, some issues like, private and sience using are excluded from infringement. In both legal systems with a little difference patent infringement has been done by doing illegal activities that mentioned above, unless the legislator excluded them.

The existence of elements such as sovereignty, legality, bureaucracy, citizenship, taxation, nationalization, authority and legitimacy, the use of impersonal power, the specific territoriality, and the (monopoly) control over the means of violence are among the defining characteristics of modern states, which are also alternately visible in the political ideas of Ibn Khaldun. The present paper attempts to discuss the characteristics of the modern state system in the political thought of Ibn Khaldun while the authors will try to analyze these characteristics in detail through his writings. As a result, Ibn Khaldun’s ideas about each characteristic of the modern state have been explained in a way that some of which can be found to be consistent with the aforesaid characteristics, and on the other hand, his ideas have been also found to be sometimes far different from them.

Such as accepting criminal responsibility of legal entities, applying of general punishment rules to these persons will be challenging. The general rules of punishment can be divided into two categories: "Rules on the conditions and barriers of criminal responsibility" and "Rules for determining (type and amount) of punishment. The main question that arises is that the criterion of practice in the application of general rules to punish will be the character of a legal entity or person that is representative of the legal person. Barriers to criminal responsibility and the rules that change criminal liability how apply to the legal entities? Due to the virtual and subordinate nature of the legal entities the criminal conduct is attributable to the representative of the legal entities, so the representative of the legal entities will be considered in the applying of the general rules of punishment.

One of the solutions the legislator has used in the “Supporting Children and Teenagers without Guardians Act” is taking a guarantee from guardianship candidates. Despite its positive consequences, it acts as an obstacle for the promotion of guardianship as an institution based on philanthropy and praised in religious teachings. This paper seeks to provide other solutions to better protect the rights of the guardian while also dealing with the legislator’s concerns about providing for the children’s future expenses.

The International Court of Justice (ICJ) according to the conditions established in article 41 of its Statute and articles 73 -78 of Rule of Procedures can determine provisional measures when there is urgency for Guaranteeing the fundamental rights that should be protected by Court’s decision in the merits, and if there is possibility of irreparable damage to that right. The ICJ at first must establish these conditions according to circumstances of each case. This paper by using descriptive -analytic method of research is about to answer these questions that how Security Council (SC) can cooperate with the ICJ in guaranteeing the implementation of determined provisional measures and when ICJ can indicate these measures proprio motu like Preach Vihear case? The jurisprudence of the ICJ shows that in some cases, determined provisional measures did not implement by parties and SC despite of irreparable damage and necessity of maintaining international peace and security has not taken effective approach.

Today, cyber attacks have attracted the political and military heads of states and other international actors, because of advantages such as no need for extensive preparations and heavy costs and maintaining human resources than common armed conflict. in spite of a significant increase in cyber attacks in the past two decades, the rules governing on jus ad bellum in cyber attacks is not entirely clear. This article tries to show cyber attacks can be regarded as an armed attack and violate the principle of non-use of force if there are some circumstances. So the possibility of self-defence's injured state may be in response to the attacks. However, most of the rules governing on jus ad bellum extends to cyber attacks, some of these rules are not implemented because of the special status of these attacks.

Cultures and great religions constitute pillars of the global human civilization, owing to their rich values, each of them instituted principles at a specific point in history or across the ages, originating from human nature which contributed to the common heritage worldwide. In fact, the world civilization is the melting pot of the fundamental principles inherent in influential cultures and civilizations. Hence, the values such as justice, peace, human solidarity and fundamental human rights form part of common heritage. Being the building blocks of the human civilization, however, the different cultural and religious disciplines have an inherent right to preserve and develop their own principles within the common whole. This is the principle of respect for cultural diversity within the universality of human rights. Not paying attention to cultural differences are the main causes of many tensions and unrest and even armed conflicts. The question is, how much emphasis is placed, beside the universality of human rights, on the issue of cultural diversity and respect for it, and how does this relate to peace and security? This article, by examining different aspects of the subject, has tried to study the necessity of normative respect for cultural diversity in the world as one of the ways to help global peace. The outcome of this article is based on the fact that the observance of cultural diversity and its enhancement will have a significant impact on global peace and security and the international organizations such as the United Nations, the Non-aligned Movement and the OIC should develop ex ante strategies and mechanisms to promote respect of cultural diversity as effective and pervasive tools to make a better world to live.