The legal analysis of the bylaw of

Akhavan Fard, Masoud; Safarzadeh, Hamid

The legal analysis of the bylaw of "supervision the production and publication of literary and historical works of the holy Defence" in the light of integrity right in intellectual property

Document Type : Research/Original/Regular Article

Authors

masoud akhavan fard ¹

hamid safarzadeh ²

¹ PhD in International Law, Affiliate Member of Field Marshal Martyr Qasem Soleimani Research Center for Holy Defense Sciences and Studies

² Master of Private law, Hakim Sabzevari University

Abstract

As the correct propagation of sciences and educations of the holy Defence paves the way for informing the society, distortion of the values and then propagating them can afflict the culture of the society with value dichotomy; accordingly the bylaw of "supervision the production and publication of literary and historical works of the Sacred Defence" was published in 2019 to check the content of these works for the criteria before getting the permission of press by some judicial, Quasi-judicial and administrative organs. In this process provincial committee sentences the first judgment, national committee as an administrative tribunal sentence the certain judgment and the Administrative Justice Court sentence the final judgment. This bylaw by assigning the attendance of experienced people in the committees, has enriched the scope of holy Defence from constitution of specialized courts of intellectual property in judiciary system. However, the bylaw is not devoid of legal problems and negligence in determination of the date of enforcement, extension of the process of issuing permit of publication and also mixture of some procedural and substantive matters are the most important blind spots of the bylaw.
Integrity right which is known as one of the instances of moral rights in the scope of intellectual property has been emphasised in Iranian legal system and many other countries like France and England. Protection of this right in the scope of sciences and educations of the holy Defence is one of the solutions of applying the statement of the second step of the revolution.

Keywords

propagation of the culture of the holy Defence

administrative tribunal

national committee

provincial committee

the statement of the second step of the revolution

20.1001.1.25883674.1399.6.3.2.5

Subjects

Encyclopedia of defense and security of the Islamic revolution

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