Document Type : Original Article
Authors
1 PhD Student, Jurisprudence and Fundamentals of Islamic Law, Sari Branch, Islamic Azad University, Sari, Iran
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Sari Branch, Islamic Azad University, Sari, Iran.
Abstract
In a relatively emerging process, incurable patients are kept frozen in the hope that definitive treatment will be discovered in the future. This descriptive-analytical study discusses the intellectual property rights of these individuals for the first time. In the case of these patients, there are two assumptions: death and life. The Republic of jurists, who have accepted the basis of this method, believe in the presumption of life, and therefore this strong theory can be accepted. Therefore, it can be assumed that the patient's intellectual property is managed by a lawyer or trustee. According to legal custom, the trustee must respect the side of the trust and only proceed with the transfer of the plan if the economic principles of such an economy. But the powers of the lawyer are specified and absolute in the contract. There is a lot of debate about the seizure of intellectual property, but the jurisprudence is that if the material income of the intellectual property is not enough to settle the debt, then the seizure of this property will take place. In a situation where the owner of the project is not able to manage the intellectual property, there is no concern to protect the right to manage the intellectual property and therefore the judicial procedure moves towards the direct seizure of the intellectual property.
Keywords
)