Suchergebnisse

The aim of the article is to analyze the implications of the franchise agreement in international trade. One of the contracts that is usually registered after the appearance and registration of property rights, and especially after the development of trademark rights, is the franchise agreement. A franchise agreement is a contract entered into between the franchisor and the franchisee as the owner of the intellectual property rights. In other words, the franchisee often uses trademark rights and intellectual property rights owned by the franchisor, which have a limited duration. It is concluded that, in franchise agreement, there is a right to enforce the franchisor's business method, which is implemented within the network (this method includes the use of intellectual property rights and know-how). This contract has detailed terms and is closely related to intellectual property rights and competition rights. The franchise must be distinguished from the distribution contract, the concessionaire, and the license. Under this agreement, the franchisee enters the franchise network and agrees to use the franchisor's method of negotiation and pay royalty-free payments instead.

This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well established principles found in good data privacy protection measures.

The purpose of this article is to discuss the rights of the accused person in the Sudanese legal system. Similar with other criminal justice systems, the Sudanese law do provide rights for the accused person to enable him or her to defend him or herself. These rights are considered as the core idea behind the thinking of human rights in the criminal proceedings. However the problematic issue here is to what extent does Sudanese law provide and protect the accused right especially the privacy right. It is also pertinent to balance the law enforcement interest in evidence collection in criminal proceedings with the privacy right of the accused in the Sudanese legal system. We found that there are evidence of privacy right protection on the accused within the Sudanese legal system. The result of this research shows that in Sudan, the privacy right was provided for the first time at the constitutional level in the T1973 Constitution (Articles 42 and 43). It has later received recognition in the 1985 Transitional Constitution (Articles 24 and 30), the 1998 Constitution (Article 29) and the 2005 Interim National Constitution (Article 37). At the statutory level, legislative protection is given to this right in the Penal Code 1991 (Section 166), the Code of Criminal Procedure 1991 (Sections 86 through 95) and the Informatic Offences (Combating) Act 2007 (Sections 16 and 6). The method adopted in this article is a qualitative content legal analysis of primary and secondary data obtained from legislation, case-law and various literature.