نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، واحد تهران مرکزی، دانشگاه آزاد اسلامی، تهران، ایران. (نویسنده مسؤول)
2 عضو هیأتعلمی، گروه حقوق خصوصی، دانشگاه آزاد اسلامی، تاکستان، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Industrial property rights are important issues that play an important role in the technological and industrial development of countries. Criminal guarantee for the protection of this type of intellectual property rights and its examples such as trade secrets and trademarks have received less attention and investigation. The purpose of this article is to investigate the criminal guarantee for breach of trade secrets and trademarks from the perspective of jurisprudence and Iranian law and French law. This article is descriptive and analytical, and it has investigated the mentioned subject by using the library method. The findings indicate that in French law, the punishment of imprisonment and fine is determined as a criminal sanction for the violation of trade secrets and trademarks. In Iranian law, unlike French law, there is no criminal protection of trade secrets and there are no comprehensive laws in this regard. Trade secrets are not mentioned in any of the articles of the patent law, and only the law of electronic commerce and the law of computer crimes and the law of publishing and free access to information have implicitly and limitedly mentioned and supported this right. Violation of the confidentiality of trade secrets is mentioned in the laws of Iran in scattered laws and in a vague and incomplete manner. Another point is that the French law for the violation of trade secrets and trademarks has determined a monetary penalty of up to one million francs, which is in line with decriminalization and reducing the motivation of industrial property crimes, which are mainly financial, because the economic benefit of committing the crime is largely eliminated.
کلیدواژهها [English]
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