The Place of Mortgage and Security in Intellectual Property Rights in Iran

The increasing advancements in of industrial and commercial domains have led to the emergence of intellectual property rights in law literature. Thus, a profound range of laws and regulations have been made on which lawyers have relied. Applying commercial documents are alluded to "commercial documents’ mortgage" on which in jurisprudence, there is a serious disagreement among jurists related to the particular conditions of mortgage contract, some of whom consider mortgage objectivity and acceptability which civil law has followed. Some others believe mortgage receipt is unconditional and mortgaged objectivity is similar, being strong in compliance with verses and hadiths cited in mortgage contract and also the requirement of mortgage contract as "secured". In this scrutiny, this issue and "religious mortgage" are considered. Hence, on a jurisprudential viewpoint, no obstacle is vivid for security, since Iranian commercial law is neutral to permit certifying commercial documents; we refer to civil law as a general law. Relying on Articles (۷۷۲ and ۷۷۴) of Civil Code, mortgage objectivity and mortgage receipt emerge as some conditions of mortgage contract and void debt is the advent. Since natural requirement of mortgage contract is "security" and objectivity and acceptability conditions are regarded to meet this requirement, “security of commercial documents” deals with determining rights arising from evidence in the document itself. The security of these documents is accepted while not accepting documents mortgage as religious documents and not mentioned in a specific sentence.

Keywords:

intellectual ownership , mortgage , Security , Intellectual Property , Iranian civil law