مطالعه تطبیقی مالکیت فکری اثر هنری در ایران و هند: اطلاع رسانی و آموزش (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
حق مالکیت فکری (Intellectual Property Rights/IPR)، به صاحبانش اجازه بهره وری از فعالیت هایشان را می دهد. این حق، سده ها مورد خوانش قرار گرفته، اما همیشه موفق نبوده است. این مقاله، با مطالعه تطبیقیِ حق مالکیت فکری هنرمندان ایران و هند، به مقایسه سطح آگاهی و اطلاع رسانی در دسته بندی آموزشی و غیرآموزشی می پردازد. دو کشور، با تجربه تحولات نوین اجتماعی، مشابهت های فرهنگی، نتایج یکسانی در حوزه IPR نداشته اند. پرسش اصلی این است: هنرمندانِ دو کشور در مورد حمایتِ IPR در چه جایگاهی قرار دارند؟ سطح و نحوه اطلاع رسانی و آموزش چگونه موجب موفقیت یا عدم آن شده است؟ فرض آن است که تقویت اطلاع رسانی و آموزش، موجب تفاوت در موفقیت کشورها با شرایط مشابه می شود. مقاله تحلیلی-تطبیقی، جمع آوری داده ها به شیوه پیمایشی، ابزار پژوهش پرسشنامه و جامعه آماری هنرمندان تجسمی 60-20 ساله در ایران و هند است که به روش نمونه گیری در دسترس 120 نفر قرار داده شد. بنابر یافته ها، علی رغم مشابهت ها، دو کشور در حوزه IPR مشابه عمل نکرده و هند به واسطه آموزش و اطلاع رسانی، مدیریت بهتری در اجرای این قانون داشته است. آگاهی جامعه نسبت به IPR، باعث می شود اثر هنری به عنوان یک کالای ارزشمند قلمداد شود و مورد محافظت قانون قرارگیرد.A Comparative Study of Intellectual Property Rights in Art in Iran and India: Information and Education
Intellectual property rights (IPR), encourage the artists to make financial and spiritual benefits from their work. Many countries, have not been successful in protecting their artistic society regarding IPR. This article deals with comparatively studying the IPR, systems and their enforcement and execution in the artistic society. The major approaches are education and awareness in IPR. India and Iran have gone through common experiences over the past century, thus are comparable, and are selected as good cases here. The main question is: how the artists have been protected legally by their countries? And how are education and information comparable in the two countries. The research tool is questionnaire made by a five-point Likert scale; statistical population is visual artists aged 20 to 60 years in Iran and India, and made available to 120 people by sampling method, and data were analyzed using SPSS software version 25. To conclude, the two countries did not act the same, and India have had better management in enforcing the law through education and information. The awareness of the community and artists about IPR enables them to consider the artworks as a valuable commodity and to be sensitive to its importance and credibility.
Introduction
The work of art is copied more than any other product in the world, and the lack of a protective law paves the way for forgers. Iran and India, due to similar developments in the political system in the last century, rewriting of legal and social systems, and all historical, indigenous, and cultural commonalities, are good examples for comparative comparison of the form and implementation of IPR, from the perspective of the artists and their concerns. What has been most effective in the present study are "information" and "education". The research questions are: 1- How did Iran and India, with almost identical local, cultural, social, and to some extent political backgrounds, cope with the proper implementation of IPR? And from the point of view of visual artists, what is their position concerning each other? What have been the effective or incomplete steps of these two countries in terms of training, information, and implementation of IPR?
1.1. Research method
The present research is applied in terms of purpose, and descriptive-analytical method, and data collection is a survey method. The research tool was a questionnaire, and its statistical population was visual artists aged 20 to 60 years in Iran and India, and 120 of them were available as a sample in the sampling method. The questions were designed with a Likert scale of 50 and the data were analyzed using SPSS software version 25. The questionnaire consists of two parts with descriptive and inferential indicators. In the first and descriptive part, the yes / no answers to the basic questions were analyzed: experience of intellectual property infringement, having sufficient information to follow up on the defect, satisfaction with the performance of the Ministry of Culture / Intellectual Property Registry, knowledge of related global treaties, Experience of infringing the ownership of the work by individuals or organizations by mentioning the name and... In the inferential statistics section, using a univariate t-test, participants' views on the component of information and education and influenced by educational and non-educational factors, on the implementation of IPR in Iran and India were analyzed separately. Thus, according to the findings of the survey section, in the discussion section, the similarities and differences between the two countries in the mentioned field will be done in a comparative manner, which is also the main approach of the article.
Discussion
The “Law for the Protection of Authors, Writers and Artists” of 1348 (solar year) with 33 articles and 3 notes, and the Law for “the Translation and Reproduction of Books, Publications and Audio Works” of 1352, and its executive bylaw was approved in 2004. The Law for the Protection of Authors, Writers, and Artists in 1389 was amended in 12 articles in 1389(Iranian solar year) and was approved by the Guardian Council. A review of international agreements on the intellectual property of literary works of art from the past to the present shows that Iran has joined some of them only in some cases (Parliamentary Research Center, 2003: 11-13).
The issue of copyright in India is governed by the 1957 Copyright Act. The 1957 copyright law was the first post-independence copyright law in India and has been amended six times since, with the last amendment in 2012 (Radakrishnan and Blasobermann, 2008, 9-10). According to the IPR Office in India, these laws require more legal recognition and protection. India, therefore, to be able to protect these rights, became a member of the World Copyright Organization, the Geneva Convention on the Registration of Audio-Visual Works (1992), WIPO on Copyright (1996), and WIPO on Performing Arts In general, and audio works (1996) has come and has always tried to adhere to them. India is a party to most important international conventions in the field of copyright, including the 1886 Convention, the 1952 Universal Copyright Convention, the TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights, and the WIPO Copyright Treaty. The Berne Convention was adopted in April 1928 (Puri and Visvantan, 2009, 13). Under this treaty, each member state must recognize the copyright of the artists of the other member states as their nationals. Also, although India is not a party to the 1961 Rome Convention, the mentioned copyright law is fully in line with this convention.
Conclusion
Features of IPR and its implementation methods in Iran and India from the perspective of artists, in the field of in-school education to postgraduate education, and general and specialized courses for the public and artists, raising awareness at the community level and encouraging the public Community and governmental and non-governmental organizations regarding cooperation and cooperation with art organizations and artists, informing about the existing laws at the community level and efficient and inefficient methods of informing, in order to give local laws in line with Adherence to international treaties and their continuous amendment and updating, cooperation between domestic governmental and non-governmental organizations on IPR compliance, information on the level of legal penalties and penalties for violators, joining or Non-adherence to international conventions was compared and compared in a confrontational manner, and after statistical analysis of educational and non-educational items from the perspective of artists, the importance of information and training indicators on them is very clear. Iran and India, despite all the similarities mentioned earlier, have had different practical results in these cases. And according to the results of the article, India has been more successful for the following reasons:
Justification of artists for registering works and logical and non-emotional treatment of works produced: Artwork as an economic commodity
Increasing the quality of the level of information regarding the approval and implementation of laws or executive offices to the community and artists
Equal distribution of IPR registries throughout the country and information about the existence of equal government support in all states
Allocating funds to IPR training at various levels, including schools, universities, professors, judges, lawyers, etc.
Raising awareness about the crime of theft, and heavy fines for violators to increase public awareness
Amending the periods of laws and coordinating them with the examples of the society, if necessary, provided that it does not deviate from the framework of the International Covenant on Civil and Political Rights
Privatization, granting and supervising some responsibilities of the Ministry of Culture to associations and offices, and private and public bodies
Improving the situation of mass media cooperation in informing about the functioning of legislative bodies and cultural programs to justify respect for IPR
Based on the research question which was: What is the position of Iran and India in terms of IPR support from the point of view of their artists, and how the level and manner of information and education has led to its success or failure in the field of IPR, as well as findings, the study showed that the country's macro-policies on "information" and "education" in the field of educational, political and social factors can make a difference in the success rate of countries with similar political, social and historical conditions in implementation of IPR is correct. Because India, despite all the political problems in international relations, has been able to compensate for the shortcomings of IPR implementation by investing in education and information. However, in Iran, the correct implementation of laws, albeit internally, is difficult due to the lack of information and education in this area. The achievements of such comparative studies can be instrumental in the field of better implementation of intellectual property rights, regardless of economic and political sanctions and international relations, in Iran.
References
Bhatt S. R. (2018) Innovation and Intellectual Property Rights Law- an overview of the Indian Law, IIMB Management review , 30: 51-61
Cornish, W. R. (1996). Intellectual Property . 3<sup>rd</sup> edition, London: Sweet and Maxwell
Farahnakian, F. (2017). Political Economy of Intellectual Property , Essays in Iranian Law, Iran Newspaper, 19, January 1, pp 1-10
Habiba, S., Haghighat, A. (2014). Economic Analysis of the Impact of Technological Advances on Transformation in the Field of Protection of Literary-Artistic Property and Related Laws, Tahghighat-e Hoghooghi , (65): 54-25
Habiba, S., Shahbazi, M. (2017), A Theoretical Approach to the Acquisition of Intellectual Works, Hoghoogh-e Khosoosi , 14(1): 27-49
Habiba, S., Shakeri, Z. (2013). sharing literary and artistic works; Challenges and Opportunities, Bi-Quarterly Journal Danesh-e Hoghooghe Madani , 2 (1): 1-11
Harrison. N. (2014). Appropriation Art and U.S. Intellectual Property Law Since 1976 (Dissertation), university of California, San Diego, https://escholarship.org/uc/item/3b52j1cv Downloaded July 2018.
Jafari, A., Gholamali, A. (2021). Multilateralism; Challenges and Opportunities of Indian Foreign Policy in Interaction with International Law, Subcontinent Researches , 13(41): 47-68.
Kumarage, T. (2010). the Enforcement of Criminal Sanctions against Intellectual Property Rights’ Infringement: Justification, Progression and Impediments in Developing Countries , Aberdeen University
Office of Cultural Studies of the Cultural Research Center of the Majles. (2003). Intellectual Property in Iran and Investigation of the Consequences of Iran's Accession to the International Convention (Copyright), https://rc.majlis.ir/en/report/show/734104 Access Date 29/4 / 2019
Panday. N., Dharni, K. H. (2014). Intellectual Property Rights , Delhi: PHI learning Private Limited.
Parliamentary Research Center. (2016). Law of the Sixth Five-Year Plan for Economic, Social and Cultural Development of the Islamic Republic of Iran (1300-1400) , Deputy for Codification, Revision and Publication of Laws and Regulations, Legal Vice President, Tehran: Iran
Puri, R. S., Viswanathan, A. (2009). Practical Approach to Intellectual Property Rights , New Delhi: IK International Publishing House.
Radnia, M. (1401). A Comparative Study of Business Quality in Iran and the Indian Subcontinent, Subcontinent Researches , 12(38): 29-48.
Radrakhrishnan, R., Balasubramanian, S. (2008). Intellectual Property Rights: Texts and Cases , New Delhi: Excel Books.
Tehran Chamber of Commerce, Industries, Mines and Agriculture, Deputy of Economic Studies. (2019). Iran's Status in the International Property Law Index 2019 , Parliamentary Research Center, Tehran: Iran
The Office of Economic Studies (Business Environment Studies Group). (2019). Assessing Iran's position in the International Property Rights Index in 2018 (focusing on institutions and transaction costs) , Parliamentary Research Center, Tehran: Iran
www.ipindia.nic.in retrieved 16/5/2019
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