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Compulsory Licensing for Patent Exploitation between Exclusion and Restriction Accordance to the Emirati Law
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The patent means that the inventor is granted a right of intellectual property that is solely acquired by the patent's owner. This study highlights the compulsory licensing provisions that entitle government agencies to exploit the inventor's patent and to exploit it in the manufacture of goods and industries by a third party without the consent of the patent owner for reasons required by the interest of society.

This means has been referred to by Decree-Law No. 11 of 2021 on the regulation and protection of industrial property rights. However, the UAE legislator has made recourse to this means an exception, restricting this means by justification required by the public interest of society.

The study will focus on the description and justification of compulsory licensing. Then describe the provisions governing compulsory licensing and the philosophy of the UAE legislator by analyzing the legal texts and indicate the effectiveness of the legislator in balancing the interest of society with the interests of inventors.

Perhaps one of the most important recommendations reached by the researcher is to call on the UAE legislator to determine how long the licensee can be judged positive for such exploitation and to achieve maximum benefits, especially in the context of satisfying the consumer's needs.

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Selling the real estate securing the privilege of the public treasury in a public auction A study in the UAE law
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The concession rights established for the public treasury are returned to the debtor’s funds, whether they are real estate or movables, and they may be returned to a specific amount of these funds, in accordance with the relevant laws. The legislator in the United Arab Emirates, according to the general rules, did not stipulate that this right be registered with the competent real estate registration department. This may lead to the sale of the property securing the concession right of the public treasury without the knowledge of the competent department of the treasury department to claim this right.

In selling by judicial public auction, the legislator requires certain procedures through which the real estate is purged of acc

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Publication Date
Wed Dec 30 2015
Journal Name
College Of Islamic Sciences
Medical evidence in matters of proof between Sharia and law: A model
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Praise be to God, prayer, and peace be upon the Messenger of Allah and his God and his companions. The field of the judiciary to prove or invalidate some cases in the field of proof of descent and attachment to the plaintiff or exile, and other legal and judicial issues, especially in this era where the spread of previously unknown evidence, such as DNA, which was discovered in 1953, and the genetic fingerprint discovered 1984, blood analysis and a Saliva, sweat, poetry, etc. in the field of forensic evidence, in forensic medicine or medical expertise, it can be used to identify the killer, or verify his identity, using all the evidence in the scene, such as a point of blood or sweat, and the like So, as well as to prove the lineage is u

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Publication Date
Sun Apr 28 2019
Journal Name
Journal Of Legal Sciences
The guarantees to the rule of law Iraq and Algeria exemplar
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      ان اي مجتمع لابد له من سلطة تنظم امره وتدبر شؤونه لان المجتمع الانساني ضروري ويعبر الحكماء عن هذا بقولهم (( الانسان مدني بالطبع اي لابد له من الاجتماع ))(


[i]) ، وان مبدأ سيادة القانون يتطلب وجود دولة قانونية تقوم على اركان حقيقية تستمد قوتها من الشعب باعتباره مصدر السلطات ،ولها قوة ملزمة تستمدها من القواعد الدستورية التي ارست عليها بنائها القان

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Law Applicable to the Implementation of the Judgment of International Bankruptcy
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International bankruptcy is a legal system for those who take trade as a craft and stop performing their obligations of an international character as a result of a defect in their financial position. Legislative jurisdiction in cases of international bankruptcy is one of the most important topics of international bankruptcy by researching the position of national and comparative legislation by determining the applicable law such as the law of the court that hears the dispute or the law to which the attribution rule refers. 

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The competent authority to regulate the residency of a foreigner in the Iraqi and comparative law
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        The authority of the state to regulate the entry and residence of foreigners to it is characterized by a great deal of freedom, and it is limited only by the rules of international law that impose on states to respect the minimum standard in the treatment of foreigners, in order to achieve the optimum protection of human rights, regardless of the society in which they live, without consideration. Regarding his nationality or his country of origin, and whatever that may be, the foreigner has now become one of those addressed by the provisions of the law of the country in which he resides, and he enjoys the rights guaranteed by his human being, without regard to his country and nationality, in oth

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Publication Date
Wed Jul 28 2021
Journal Name
Journal Of Legal Sciences
The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law
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Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
Legal certainty through clarity and easy access to the law
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The basis of legal clarity is contrary to the idea of natural justice, it is fair and fair that the law is clear and easy to understand, and this principle is today one of the most important elements of legal certainty through which the legislation is sought and the individuals are assured of their rights and subject to the obligations incumbent upon them , Clarity is achieved by paying attention to the issue of legal drafting and assigning it to specialists, with the aim of achieving the application of the rule of law and good governance and enacting well-developed and sophisticated legislation, in harmony with the Constitution  and not  in contradiction  with other laws , and  a concept  in the general public a

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Civil Responsibility Resulting from Clinical Trials According to UAE Ministerial Resolution No. (730) for (2018)
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This study includes the new methods especially those related to clinical trials non-therapeutic clinical trials and new risks that may be exposed to. The Corna pandemic has raised many repercussions on all levels and fields, and raised many questions, especially in the legal field. Where many responsibilities arise because of the way to deal with this pandemic, exploit it, or neglect some of the obligations imposed to confront this pandemic. Therefore, the legislator had to intervene to organize practice of such clinical trials in order to ensure stability and reassurance, whether to the doctor, researcher or people who subject to such clinical trial in accordance with the Ministerial Resolution No. (730) of (2018). Therefore, such trial

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Conditions and procedures for the establishment of political parties in Iraqi law
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The establishment of political parties in Iraqi law is subject to several conditions, including the conditions related to the principles and objectives of the parties and the conditions related to membership in the parties, as well as the establishment of a number of procedures. These conditions and procedures are governed by the Political Parties Law No. (36) of the year 2015, And another represents a restriction on the freedom to establish political parties and graduated from the framework of the organization authorized by the ordinary legislator under the constitutional assignment under the text of Article (39) of the Constitution to restrict and confiscation of the freedom to establish political parties, and we have finished through

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Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
Legal mechanisms to combat terrorism in contemporary international law
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The terrorist threat has increased dramatically over the past three decades. After terrorist attacks were carried out in traditional ways and left limited victims and casualties in targeted groups and installations, they were carried out in very precise and sophisticated ways, benefiting from modern technology and losing huge losses, Or property and installations ...

Until recently, terrorist operations were usually aimed at hijacking civilian aircraft, abducting individuals, taking and holding hostages (prominent figures, diplomats and even private individuals), as well as dropping bombs and planting unexploded ordnance, but their dangers now escalated depending on the development of the means used and t

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