Culmination of Law

Culmination of Law

Investigating the conflict between copyright and the fundamental rights of the people (By comparative study of the legal system of Iran and the European Union)

Document Type : Original Article

Authors
Sayyed MahdiReza Kazemi 1
Hosein Sadeghi 2
Mahdi Naser 3
1 PhD Student in Criminal Law and Criminology, Karaj Branch, Islamic Azad University, Karaj, Iran.
2 Assistant Processor of private law, University of tehran, Tehran, Iran.
3 PhD Student in private Law, university of judicial sciences,Tehran, Iran.
10.22034/thdad.2022.533276.1846
Abstract
Today, with the adoption of the Copyright Directive of 2004 and the Lisbon Treaty of 2009 and the granting of policy jurisdiction to the European Court of Justice and the European Court of Human Rights, absolute protection of copyright in works in the European Union has been modified. Specifically, These provisions, in cases of conflict between the copyright of the owner of the work and the fundamental rights of individuals, prioritize the observance of the fundamental rights of the people and, as a result, do not consider copyright applicable in such cases. However, in Iran, due to the lack of legislative policy, the approach of this system has an effect on the absolute protection of property rights. This has negative effects such as creating a monopoly and preventing the development of science and technology, which reinforces the need to amend the regulations of the Iranian legal system. To achieve the stated goals, the present study in five speeches first describes the status of the EU legal system, the approach of the Court of Justice and the European Court of Human Rights and the scope of jurisdiction of these authorities in assessing the possibility of copyright infringement. Phenomenon deals with the rules governing the Iranian legal system.
Keywords
Constitutional Rights
Copyright Supreme Court of Justice
European Court of Human Rights
European Union Legal System
Culmination of Law
Volume 8, Issue 2
Summer 2022
Pages 3-26