The comparative study of contradiction between third party’s privacy and exercising intellectual property in cyber space

Document Type : Research Article

Authors

1 Associate Professor, Department of Private law, College of Farabi, University of Tehran, Qom,Iran

2 Assistant Professor, Department of Private law, Hazrate Masumeh University, Qom,Iran

3 Ph.D Student in Private Law, College of Farabi , University of Tehran, Qom,Iran

Abstract

Application of IPR and the right of investigation about the claim of its infringement, need issuing some protective orders. Mostly, this is for avoiding destruction of evidences which can be effective in proving the right of the plaintiff.
The purpose of this study is to find out how can protect the third party’s right of privacy in the process of IPR enforcement.
In common law, there are two important and distinctive rules; first, an order as a temporary order known as “Anthon Piler” to explore “identity disclosure” and second, the rule mentioned in “Norwich Farmacall”’s case which is used for “identity disclosure”. Reviewing in norms and conditions of issuing primary investigations, distinction between disclosure of identity and information, restricting the identity and information disclosure scope, and precaution in issuing shifting orders are some of efforts which are done to protect privacy and balancing the earlier mentioned rules. In Iran’s law, gathering information which is possessed by intermediators without using judicial orders are considered as crimes relating to tracking communications. Tracking, disclosure or using the content of communications is against the principle and is just authorized in specific and restricted situations.

Keywords

Private Law
Volume 10, Issue 2 - Serial Number 2
November 2013
Pages 183-209

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