فصلنامه پژوهش حقوق عمومی
سال بیست و یکم شماره 65 (زمستان 1398)

Governments sometimes attempt directly to research and sometimes sponsor them based on their interests and reasons. The legal system governing the funded researches’ results and findings is one of the most important and effective factors in exploiting intellectual properties.  Some States have enacted special intellectual property rules for publicly funded research which is divided into two main models: Institutional-ownership and inventor-ownership models. In institutional-ownership model, the recipient institute of fund is the owner of the intellectual property. This model was appeared in Bayh-Dole Act in the US, afterwards it spread to the other countries.  In Inventor-ownership model, inventors and creators are recognized as the owner of intellectual property, although public institutes funded the research. Professor’s privilege rule which is used in some European countries, could be considered as an inventor- ownership model. Although in the last two decades, global trend is in adopting institutional-ownership model and even several countries with inventor-ownership model changed their legal system to the system, but still some countries emphasize on efficiency of inventor-ownership model. Meanwhile, problems of institutional-ownership model changed the direction of attentions toward inventor-ownership model in the past few years.

Downsizing of governments is one of the basic solutions for obtaining the goal of delocalization of Tehran. A strategy, however confirmed in Iranian positive laws, is obstructed with legal-political, administrative structure, limited interpretations about qualifications of local-administrative units and NGOs etc. Thus, rethinking and revising the pattern for administration of Iran and reengineering legal and executive system through decentralization is an undeniable necessity. In order to obtain this task, it’s possible to benefit from related legal documents including: Paragraph 10 of 3rd Principle of the Constitution, Paragraph 10 of the General Policies of Administrative System and other positive laws for downsizing the government, E-government and the decentralization. In the present research, by descriptive- analytical and applied approach, a feasibe study of delocalization of Tehran with government downsizing is emphasized. The main hypothesis of this research is that delocalization of Tehran is possible if the related rules of government downsizing by the related authorities is executed.

Defining the applicable standards for proving and measurement of damages constitute one of the most significant issues under the law of damages. In principle, an aggrieved party, who claims compensation for damages based on contractual liability is responsible for showing the existence and the amount of losses suffered or to be suffered. Due to great importance of the issue, transnational instruments of contract law, such as UNIDROIT Principles of International Commercial Contracts (UPICC), Principles of European Contract Law (PECL) and Draft Common Frame of Reference (DCFR) have set out, explicitly or implicitly, special standards such as reasonable certainty, reasonably likely to occur and so on for proving damages; By contrast, the Iranian laws and regulations including the Civil Code do not set out such standards. The legal scholarship and jurisprudence have also failed to address the issue. Therefore, a comparative study of the issue with particular look at international instruments and arbitral awards could provide a reliable source of guidance. This paper analyzes the general and specific standards for proving damages and those situations that fall outside of ambit of the standards such as late payment damages. By doing so, the paper tries to open the debate in Iranian law.

The country’'s oil industry, despite having over a hundred years of experience in oil production and trade, is still unable to carry out activities in an endogenous manner and to exploit local potentials in all operational and executional sectors. One of the most important sectors of the country’'s oil industry, which continues to be significantly dependent to overseas, is the procurement part of the industry in the upstream sector. Considering the importance of national production of oil and gas equipment in upstream sector, this survey is trying to answer whether the oil legislation law sources support the oil industry in the production of these equipment properly and proportionately? To answer this question, this research has extracted standard measures on the basis of a conceptual framework and through the experts’ viewpoints, and after clarifying the existing legislative sources, has come to evaluate the oil legislation law sources in this regard. The results show that the main oil laws of the country and the laws regarding the requirement of internal share towards the extracted standards are neglected and the statutory laws of the National Iranian Oil Company also provide poor support for the construction of the mentioned equipment.

The goods shall be subject to customs formalities while crossing national borders in international transportation. The main duty to meet the above formalities lies against the cargo owner which, in deed, is assignable to an agent _ who might be the carrier. However, the carrier itself is obliged to submit a summary declaration of the total cargo before the customs authorities prior to the cargo unloading. The summary declaration is submitted based on the transport documents so that the governing rules could only be construed in line with the transportation law. The legal basis of summary declaration, the exemption from this duty, the carrier who shall declare, the legal nature of manifest and the remedy of non- compliant declaration are some of the issues that are dealt with in this article. This article is distinct in this respect that it has analyzed a customs legal rule from the perspective of transport law.

In the last century, one of the most important issues raised in education is the spread of educational justice. With the expansion of the women's role in social activities, sex and gender have changed into the most challenging field of the educational justice. In Iranian legal system, the Document on the Transformation in Iran's Education and in the international context, the 2030 Document are the outstanding documents in the field of educational justice.
In the present research, information collection and the research compilation will be made using library resources and descriptive-analytical method.
The common point of these two documents relates to the dignity and status of the human beings. In this regard, both documents have accepted an identical status for both women and men. The departing point of the documents is that each one of these documents has different views towards the meaning of justice and education. . The 2030 Document perceives justice as simple and synonym with equality and defines the gender justice as the gender equality in education. The Transformation Document believes in education distribution proportionate to the needs and roles of each of the two genders. The ambiguity of the Transformation Document in explaining the needs and roles of each gender is its biggest weakness.

Good urban governance is aimed at improving the quality of life of citizens, identified by nine principles of the United Nations as its criteria. The purpose of this research is to analyze and investigate the role and position of the mayor in the formation of good urban governance in Tehran. The research is carried out with an analytical descriptive approach and the required information is taken by field survey and completion of the questionnaires. By non-random, purposeful and judicious method, obtained from the members of the local councils of Tehran, and using statistical software Excel and SPSS, and valuation variables, using the Likert scale, the factors were analyzed. After the T-test, the significance level (sig), the indicators of efficiency, transparency, core consensus are equal to 0.055, and in the indicators of participation, accountability, legality, justice, and strategic insight, it was found to be 0.000; also the sig is less than 0.05, and the correlation coefficient is also positive; consequently, these findings indicate that the mayor of Tehran metropolitan area did not receive a score in all of the above indicators. So the main hypothesis of the research is not rejected.

Pipelines are one of the most commonly used means for onshore transportation of oil and gas. In general, there are two different approaches which can be used to form the legal framework for the construction and operation of international pipelines: the interconnector and the unified models. These two models differ in a range of factors, including ownership, the governing law, taxation, safety and environmental issues. However, it should be noted that in addition to pipeline agreements which govern the construction and operation of cross-border pipelines, this is the domestic law of the concerned States which allows for the selection between these approaches. This paper examines the structure of agreements which have been used for the construction of international pipelines and examines the possibility of implementing these models in the Iranian legal system. Finally, it has been revealed that a distinction shall be made between pipelines connected to upstream installations and pipelines which are used for transporting refined products. Relying on that, for each category different approaches could be arranged in the Iranian legal system.