Law Studies
Javad kashanei; Mohsen Matour; Faysal Ameri
Abstract
the formation of the current legal system is a function and is influenced by a basic element called time. An element that influences not only the formation of the legal system, but also its evolution.so, the legal system in the Iranian oil industry began with a contract and not with the legislation of ...
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the formation of the current legal system is a function and is influenced by a basic element called time. An element that influences not only the formation of the legal system, but also its evolution.so, the legal system in the Iranian oil industry began with a contract and not with the legislation of a law. In relation to the term "contractual framework", it seems necessary to explain that the contractual framework refers to the criteria which give the contracts such a feature that it distinguishes that contract and similar contracts from other contracts concluded in that field. What were these contracts? How did they form the legal system of the Iranian oil industry? What has been their impact on technology transfer in the oil industry? These are some of the questions that will be addressed in this work. Disappointment with the framework of previous agreements (concession agreements), along with socio-political contexts such as the nationalization of the oil industry, led to a re-examination of this industry's contract frameworks in the light of past experiences, better future benefits and national independence and sovereignty. But how successful it was, that is another matter. Because the oil companies did not simply want to transfer the maximum benefits to the countries with oil resources, and used the dependence of those countries to their industry as a tactic against this trend as much as possible. Therefore, the structure of contracts governing the oil industry should be considered as a result of this conflict of interests.
Law Studies
Mohsen Matour; Faysal Ameri
Abstract
Understanding the interplay between intellectual property (IP) rights and competition law in the context of technology transfer in the Iranian oil industry is a point this work discusses. While intellectual property rights enjoy a historical record and appropriate rules in this regard, the competition ...
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Understanding the interplay between intellectual property (IP) rights and competition law in the context of technology transfer in the Iranian oil industry is a point this work discusses. While intellectual property rights enjoy a historical record and appropriate rules in this regard, the competition rights in Iran are taking their initial steps. This imbalance stems from forming the legal system of oil in Iran based on contractual frameworks over time. The nagging problem to elaborate in this article is that technology transfer can be expected to occur when legal organizations concerning the relevant industries have already defined the type and purpose of technology transfer. Moreover, the general targeting in the upstream laws alone cannot meet the legal requirements for appropriate technology transfer. Therefore, when even one of the mentioned factors does not exist, one cannot expect constructive interaction in the above-mentioned legal systems.