PROTECTIVE CIVIL SANCTION FOR COPYRIGHT

Document Type : Research Paper

Authors

Assistant Professor, Law Department, Ferdowsi University of Mashhad

Abstract

The civil sanction is one of the most important sanctions for protecting copyright. In French Law a special action named counterfeit action is predicted, which not only compensate the damages but also it has a preventive effect. This action doesn't require the proving of the fault and the lawsuit can be done by the author and the person who is awareded the exclusive licence. In this legal system, general rules of civil responsibility especially unfair competition claim and agissement parasistic completes the counterfeit action. In Iran law, the civil responsibility of the violations of the copyright has been accepted, but its basis and rules are not presented well. Although general civil responsibility rules can be used in this case, regislator shoud adjust and complete the protective disposition by considering the law basis, Islamic jurisprudence, and experiencis of French law.
 
 
 
 

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