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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.17 [2012] >
JIPR Vol.17(6) [November 2012] >
| Title: | The Berne Convention and the Iranian Law: Negative Implications of the Differences in the Scope of Application |
| Authors: | Manghutay, Ahad Gholizadeh |
| Keywords: | Intellectual property rights
Literary and artistic works
The Berne Convention
Iranian law |
| Issue Date: | Nov-2012 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | This paper compares Article 3 of the Berne
Convention for the Protection of Literary and Artistic Works, 1886 with the
corresponding Iranian provision. The Convention has three criteria for granting
protection, i.e. nationality, habitual residence and first publication of the
work in the Berne Union countries; whereas the Iranian law has only one
criterion, i.e. the first publication of the work in Iran. Further, according to the
Convention, the performance of a dramatic, dramatico-musical, cinematographic
or musical work, the public recitation of a literary work, the communication by
wire or the broadcasting of literary or artistic works and the exhibition of a
work of art shall not constitute publication. These exceptions and their
origins in the Convention in conjunction with the Iranian criterion leads to a
total or partial gap of protection for Iranian authors or artists taking their
works for first publication in the Berne Union countries. |
| Page(s): | 559-567 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.17(6) [November 2012]
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