Preferred Language
Articles
/
jols-602
Compulsory Licensing for Patent Exploitation between Exclusion and Restriction Accordance to the Emirati Law
...Show More Authors

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.

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Constitutional protection of the Human Right Dignity in UAE Law
...Show More Authors

God Almighty created Man and made him his successor on Earth. He honored him above all other creatures and granted him all means to protect his human dignity, yet to date some societies violate and breach that protection. We are still hearing of the persecution of blacks in the USA and murdering Muslims in foreign countries even though these groups are entitled to the right to human dignity. The right to human dignity is a sacred right that is guaranteed for all individuals regardless of their color, sex, race, religion or origin. The real problem we are facing is that many societies do not provide sufficient protection for this right and do not put penalties and punishment in case this right is violated. There are numerous forms of the

... Show More
View Publication Preview PDF
Publication Date
Wed Mar 20 2030
Journal Name
College Of Islamic Sciences
equality between man and woman                           Among Islamic law               International conventions and agreements
...Show More Authors

equality between man and woman
                          Among Islamic law
              International conventions and agreements

View Publication Preview PDF
Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The Occupier's Civil Liability in the English Law. An Analytical Comparative Study with the Iraqi Civil Law
...Show More Authors

The occupier’s civil liability in English law is considered as one of the main types of the responsibility imposed by the law of Torts. and is regarded as a special system of the civil liability arising from negligence, as well as two other systems, that is to say , the employer’s non-contractual liability and  The liability from defective products. It is worth-bearing in mind that the common law has imposed on the occupier of the premises a duty of safety towards those who enter his premises. And two English legislations have been enacted later to regulate this type of liability legislatively, namely, the Occupier's liability Act 1957 and the Occupier's liability Act 1984. Whereas the Iraqi civil law No. 40 of 1951 has regulate

... Show More
View Publication Preview PDF
Crossref
Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Legal Organizing - Redefining the Function of Criminal Law
...Show More Authors

This is a theatrical overview of the organizational approach regarding the definition of functions of criminal law and the nature of the criminal justice system. The research assumption is the following (organizational approach is the most important and effective instrument to achieve the goal of scientific-oriented law.

The law should be defined by the terms of science, not by the terms of politics and relatively social norms. Through legally organized law social needs can be satisfied at the right time, and legislative intervention becomes more functional.

View Publication Preview PDF
Crossref
Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Contracts in Restraint of Trade in the English Law. A Comparative Study in the Iraqi Law
...Show More Authors

The contracts in restraint of trade are considered as void contracts according to the English common law, that is to say, they are prima facie void. Because their voidness is presumed and based upon a rebuttable presumption that these contracts are contrary to the public policy in principle. Owing to the unreasonableness of the  Restraint of Trade conditions or terms in which they are included. But if it is proved that they satisfy the requirements of reasonableness, in accordance with the contracting parties, and both the temporal and spatial extent of their coming into effect, as well as the public interest. The court will validate them. It is also worth-bearing in mind that this type of contracts fall under contracts void at comm

... Show More
View Publication Preview PDF
Crossref
Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The criterion of dependency in civil law : Comparative Study
...Show More Authors

The dependency means the existence of a subordinate to whom a dependant is attached and extends his judgment to him, being and nothing, Dependency has elements that must be available to achieve the dependency relationship, which is the existence of dependent and master with a link join the first to the second, and dependency may be between two obligations, between two rights, or between two things, And we suggested the nature of the obligation as a criterion for verifying the existence of dependency , Which requires the subordinate's attachment to the master with a permanent fateful bond so that one of them does not separate from the other, for the existence of the follower is associated with the existence of the master and it does not e

... Show More
View Publication Preview PDF
Crossref
Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The crime of fleeing in law
...Show More Authors

Researches military crimes is important and dangerous and it is important in it is violation of the obligation and all forms military order in all, it is dangerous because it affects the interests of the armed forces , military crime is a loophole whose effects are not tangible in normal circumstances however ,in the  crises and wars ,they have serious dimensions , one of the most dangerous and crimes is the crime of fleeing and because the great importance of this crime will be dealt with  in two section will be devoted the first  of the concept of the crime of fleeing and the second will address the legal concept of this crime. 

View Publication Preview PDF
Crossref
Publication Date
Fri Jan 26 2024
Journal Name
Iraqi Journal Of Science
The Exploitation of Dar-Zarrouk Parameters to Differentiate Between Fresh And Saline Groundwater Aquifers of Sinjar Plain Area.
...Show More Authors

This research discusses the exploitation of Dar-Zarrouk (D-Z) parameters which
were deduced from the quantitative interpretation of 80 Schlumberger Vertical
Electrical Sounding VES points distributed in six profiles within the Sinjar plain
area which bounded by the coordinates:Latitudes :35P
o
P 22P

P 00P
’’
P S – 36P
o
P 22P

P 00P
’’
P N ;
longitudes : 41P
o
P 36P

P 00P
’’
PW – 43P
o
P 00P

P 00P
’’
P E. The VES field data were provided by the
Iraqi general commission of groundwater. The VES field readings were interpreted
manually by applying the (auxiliary point -partial resistivity curve matching)
method, th

... Show More
View Publication Preview PDF
Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Criminal treatments for games inciting violence in Iraqi law
...Show More Authors

    ان ظاهرة الالعاب المحرضة على العنف اصبحت منتشرة في الاسواق بشكل واسع الذي يعزو الى ضعف القوانين والانظمة والتعليمات المطبقة بحق المتاجرين وبالتالي انعدام التطبيقات القضائية ، ولخطورة التوجه الكبير لهذه الألعاب ، كما ان البحث في هذا الموضوع  وتحديد مسؤولية المتاجر بهذه الالعاب يجعل الدولة أكثر تحكما في هذه الظاهرة وتساعد على  الحد من انتشارها ومن ثم تخفيف حدة العنف السائد في المجتم

... Show More
View Publication Preview PDF
Crossref
Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
The Israeli and American challenges for Palestinian Refugees Return and the suggested mechanisms to confront it " Analyzing study in the light of rules of the international humanitarian law "
...Show More Authors

The refugees' issue is the essence of the Palestinian cause as a political, legal and humanitarian one that afflicts every Palestinian, and its repercussions are inherited through generations, because of the suffering, displacement, misery and deprivation that the refugees still suffer. The State of Israel pay a lot of effort to prevent the Palestinians from this right, and is responsible for their plight and displacement because of the racist laws imposed and enacted by it, in addition to the bias of the United States of America alongside Israel in light of the weakness of the international community and the politics of the one pole. This requires the search for alternatives and solutions to enable the Palestinian refugees to exercise t

... Show More
View Publication Preview PDF
Crossref