نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
In literary property law, the right of retrait, as one of the author’s moral rights, allows the author to withdraw a work from the assignee after its public release.
In Romano-Germanic legal systems, particularly in France and Germany, the right of retrait has practical and enforceable applications; however, in common law jurisdictions, it is not recognized as an independent right. Its exercise in the former group of countries is conditional upon compensating the assignee for any damages incurred. Moreover, enforcement is permitted only in cases of a genuine change in the author’s convictions, rather than a mere change in taste or a pursuit of additional financial benefits.
Although the right of retrait is not recognized under Iranian law, and Iranian legal scholars have raised objections to its adoption, the author’s analysis suggests that Iranian legislators should consider incorporating the right of retrait into Iran’s intellectual property framework.
This study employs a descriptive-analytical methodology based on documentary and library research. After reviewing relevant literature, the findings were described and analyzed according to the governing principles of intellectual property law, and, following synthesis, legislative recommendations were proposed to the Iranian lawmaker.
کلیدواژهها [English]
