sakineh alikhani; Saeed habiba; Hassan Alipour; elahimanesh elahimanesh
Abstract
fashion Intellectual creation, the vital element of the fashion industry, is of great economic value. As the main approach of criminal support is value oriented, considering fashion to be a value in criminal support in the Iranian penal system is faced with challenges in some areas, such as criminalization ...
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fashion Intellectual creation, the vital element of the fashion industry, is of great economic value. As the main approach of criminal support is value oriented, considering fashion to be a value in criminal support in the Iranian penal system is faced with challenges in some areas, such as criminalization and determining the sanction. This raises the following question: To what extent have the lawmakers focused on the standards of criminalization, basic principles, criteria, applicability, and the proportionality of sanction. Given the Iran and the French legal system as a relatively suitable criminal supporting system, as well as the United States, it seems that, although some support has been given to these intellectual creations under some headings in intellectual property law, major challenges still remain. The methods of interpretation and analysis of the Penal and Intellectual property law, and library resources have been used in the research to evaluate of conformity of standards of criminalization, and their applicability in the legal systems of Iran, France, and the United States. Findings demonstrates that criminal supporting in the fashion industry in the French and American systems is based on criminalization and attention has been paid to the economic nature and wealth creation of intellectual works, including intellectual creations in fashion, when determining the guarantee of execution. In Iran, however, inadequate standards of criminalization, copyright infringement, and determining the guarantee of appropriate execution have created challenges in the criminal supporting of fashion creations..
