The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Intellectual Property of Online Platforms in Iranian and European Union Law

Document Type : Research/Original/Regular Article

Authors
1 Assistant Professor, Department of Private Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Master of Business Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract
The proliferation of online platforms has revolutionized the creation, sharing, and consumption of content. However, the rapid growth of these platforms has introduced significant challenges concerning their intellectual property (IP) rights. Given the diversity of stakeholders associated with these platforms, the primary challenge lies in identifying the rightful IP owners and determining the mechanisms for protecting their rights. In Iranian law, there is a lack of comprehensive regulations specifically addressing IP and liability within online platforms; however, the E-Commerce Law (2003) has briefly touched upon this subject. In contrast, European Union regulations—including the Digital Services Act (DSA, 2022) and the Directive on Copyright and Related Rights in the Digital Single Market (2019)—provide clear criteria for determining liability for IP infringement on online platforms. While both jurisdictions have made strides in addressing these challenges, substantial discrepancies remain in their legal frameworks. Through a comparative analysis of Iranian law and EU regulations, this research aims to propose effective legal criteria and frameworks for the protection of IP rights and the identification of liability in platform-related environments. This objective is pursued using a library-based research method and an analytical approach toward legal doctrines, relevant statutes, judicial precedents, and scholarly works.
Keywords

Volume 30, Issue 111
Summer 2025
Pages 161-186

  • Receive Date 04 February 2025
  • Revise Date 31 May 2025
  • Accept Date 06 May 2025