M.A. Thesis:

Comparative Study of Criminal penalies for violation of the Rights of Literary and Artistic Works in Iranian Law and International Documents

Considering that the violation of literary and artistic property rights causes harm to the right holder as well as the loss of the desire for invention and creativity and society is deprived of the potential results of the thought of its creative and thinking class, so the legislator should pay special attention to it. Have. Under Iranian law, the issue cannot be prosecuted as long as the perpetrator violates the rights of the creator but the victim does not realize it. However, one of the most important criminal guarantees for violating literary and artistic property rights is the punishment of violation and violation of the material rights of authors, writers, artists and translators, in Articles 23, 24 and 25 of the Law on Protection of Authors approved in 1348 and Article 7 of the Law on Translation and Reproduction of Books and Publications. He mentioned the audio works approved in 1352 and Articles 1 and 13 of the Law on Protection of the Rights of Computer Software Creators approved in 1379, as well as Article 31 of the draft law on literary and artistic property of the Intellectual Property Organization in international documents. One of the solutions that can be effective in protecting literary and artistic works is Iran's accession to conventions for the protection of literary and artistic works; Because with Iran's accession to them and the obligation to comply with their regulations, many shortcomings and gaps in the country's laws have been eliminated and in addition to mutual respect for the rights of creators of member countries, support the works of Iranian creators abroad and their economic prosperity and global fame. It also turns. In the international arena, there is no harmonized legal system regarding the guarantee of criminal enforcement of violations of literary and artistic property rights, and international instruments often leave the determination of punishment to the domestic law of countries.

Keywords: infringement, intellectual property, literary and artistic property, copyright, performance guarante