Document Type : Original Article
Authors
1 Master's degree student, private law, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran.
2 Member of the Faculty of Private Law Department, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran (corresponding author).
Abstract
In contrast to material property, there is intellectual property, which means the possession of intangible property. All over the world, governments are concerned about supporting the creators of original works, which is considered a form of intellectual property. In our country, the legislator has given the owner the privilege of exclusive use of intellectual property during a certain period of time. This research has been done by analytical-descriptive method. The purpose of the research is to examine the effects of bankruptcy on intellectual property in the Islamic Republic of Iran and the Kingdom of Great Britain. Examining the commonalities and differences as well as identifying the strengths and weaknesses of the two legal systems regarding the effects of bankruptcy on intellectual property has been done in this research. From a legal point of view, it is possible to confiscate intellectual property at the time of bankruptcy, but the legislator has specified only the confiscation of literary works such as translation and authorship, and in the current practice of administrative law, due to the low liquidity of these properties, it is possible to confiscate them and the system Judiciary has generally tried to confiscate material benefits derived from intellectual property, and so far no judicial ruling has been reported regarding the complete confiscation of intellectual property. The common practice of the British government accepts confiscation of intellectual property during bankruptcy, which is of course used as a last resort for debt settlement. In English administrative law, it is possible to mortg
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