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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 Jan 01 2024
Journal Name
Journal Of Law And Political Sciences
CONDITIONS OF COMPULSORY SALE AND THE RIGHT TO BE COLLECTING
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Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law
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The economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types.  That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Formalism in Mortgage Accordance of Amarican Law
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This research deals with the formalities of the mortgage contract according to American law, We have given an overview of the provisions of this law related to the subject, We have also taken into consideration the role of American jurisprudence and the judiciary in finding legal solutions to the aforementioned formality, We have discussed the formality of mortgage in American law in two sections, In the first section we showed the formalism in immovable  mortgage, and the second section specified to studying the formalism in movable mortgage.

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Publication Date
Sat Jun 30 2018
Journal Name
College Of Islamic Sciences
Violators of the law of God   (Between platforms and intimates)
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Al-Manas and Al-Muhais are two words in a close sense of the strange words of the Holy Quran. The word Al-Manas was mentioned once in the Holy Qur'an in Surat (PBUH). ) / 36 .. What we will see in the folds of the search, God willing.

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Commitment to what is Necessary As an Idea to Embody the Element of Morality in Law
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Some actions do not come from the law, but rather from the moral will of a person, and these actions are necessary for people to do because a person is a moral being whose existence is determined by his relationship with values. And, since ethics is one of the normative sciences that link the end to the means, that is, of a person study is not limited to what is an object, or a current situation, but it should be. Therefore, task of a person is to set conditions that must be met in human will and actions in order to become the subject of legal and ethical rulings. This is because there is a close relationship between law and morality, and despite the absence of a legal rule that obliges individuals to do actions, such as extending a hand

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
Civil liability of breaching the obligation of depositary to maintain and return the deposit it in English law: A comparative study in Iraqi civil law
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The bailment is one of the well-established legal systems of the English common law, and which included the distinguished characteristics of both the law of contract and the law of property. It is worth-mentioning that this legal system has acquired those common features of these two prominent legal systems, which form an important part of the common law. By the judicial precedents made by English courts. And these precedents have adopted two different and divergent attitudes towards the qualification of the legal nature of bailment in English law . Whereas the Iraqi civil law No. (40) of 1951 regulated the legal rules of the bailment, considering it as a real contract, the conclusion of which requires the availability of four basic elem

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Publication Date
Fri Apr 12 2019
Journal Name
Journal Of Economics And Administrative Sciences
)) Evaluate the qualifying of the auditor in Iraq in accordance with international requirements ((
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Abstract

The purpose of the research is to determine how much do the external auditors’ qualifications in Iraq match the international requirements? And determine the necessary and priority requirements that the auditor should have in order to adapt with the changes in the community and the profession. The research partially focuses on comparing international institutes curriculum requirements with the local institutes’ curriculum requirements. Furthermore, it compares examinations of local students with the questions of these institutes and compares the requirements of these institutes to continuing vocational education with the local, as well as analyzes and presents the questionnaire results to find out the necessa

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Time of Transmission of the loss in international sales Study accordance of Iraqi law& un convention on contracts for the international sale of goods (Vienna 1980)
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This study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"

As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from

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Publication Date
Sun Jan 08 2023
Journal Name
Journal Of Planner And Development
Lebanese building law between texts, Application gaps and land scarcity
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This paper examines the gaps in Lebanese building law as well as the exploitation of contractors, stakeholders, and residents in order to make illegal profits at the expense of The Shape of urban agglomerations and their expansion in cities and rural areas, which is contrary to the principles of sustainable land development. It also emphasizes the amplification of the factors of vertical and horizontal building investments in the implementation of buildings contrary to the license, as well as the burden that this places on the city's resulting infrastructure and ability to absorb the activities and needs of its residents. The study then presents recommendations in the process of transformation in the technique of planning and application

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The legal system of found property- An analytical study in the English law with the Islamic jurisprudence and the Iraqi civil law
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The legal system of found property is considered as a reason or method of preliminary acquisition of ownership, as well as two other reasons, that is to say, the fixture of personal chattels, and the adverse possession, resting on the principles of equity, and included within the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, equity and later legislations. It is worth-bearing in mind that the found property is the lost property on which the finder enjoys more rights than all other people, except its original owner. It is also worth-mentioning that the treasure trove is considered as found property in the English law. and it is any object at least 300 years old when fo

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