:: Volume 1, Issue 4 (Interdisciplinary Legal Research, Jan 2020) ::
ILR 2020, 1(4): 15-31 Back to browse issues page
Legal Aspects of Dumping in Electronic Trade
Seyed Mohammad Tabatabaei Nejad1 , Mohammad Hossein Erfanmanesh 2
1- Faculty of Law and Political Science, Department of Private Law, University of Tehran, Tehran, Iran
2- Faculty of Law, Department of Private Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran
Abstract:   (1861 Views)
Background and Aim: This Article deals with the legal solutions to address dumping in electronic trade. The experiences of different countries as well as the review of the international conventions show that a new move has been emerged to counter dumping. However, electronic trade as a recent phenomenon has a particular nature.
Materials and Methods: The research method in this paper is descriptive-analytical.
Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed.
Findings: This Article examines and analyzes the legal framework in the field of dumping in the context of electronic trade. In order to present a comprehensive study, this Article also considers comparative aspects of the subject. On this basis, situations where dumping may occur in electronic trade, the examination of legal provisions in Iran, the legal means to enforce sanctions to protect fair competition in the market, and their comparative study will be addressed.
Conclusion: This Article concludes that despite proper laws in Iran, due to the lack of an appropriate framework, effective enforcement of such laws is yet to be achieved.
Keywords: Dumping, Electronic Trade, Tade Name, Domain
Full-Text [PDF 960 kb]   (875 Downloads)    
Type of Study: Research |
Received: 2020/11/10 | Revised: 2021/01/22 | Accepted: 2020/12/15 | Published: 2021/01/1
References
1. Abbasi Dakani, Kh (2007). "Iranian Electronic Trade Law". Kanoon, 49(72): 9-32. (Persian)
2. Anti Cyber Squatting Consumer Protection Act, 15 U.S.C. § 1125 (United States of America), 1999.
3. Aplin, T & Davis, J (2013). Intellectual Property Law: Text, Cases, and Materials. 2nd ed. Oxford: Oxford University Press. [DOI:10.1093/he/9780199643301.001.0001]
4. Bagheri, M (2011). "A Comparison between Patent and Trade Secret Regimes in Protection of Industrial Property Rights". Journal of Private Law, 39(1): 41-62. (Persian)
5. Bently, L & Sherman, B (2008). Intellectual Property Law, 3rd ed. New York: Oxford University Press.
6. Blair, R & Sokol, D (2014). The Oxford Handbook of International Antitrust Economics. Oxford: Oxford University Press. [DOI:10.2139/ssrn.2459455]
7. Commission Regulation (EC) No. 874/2004, Laying down Public Policy Rules Concerning the Implementation and Functions of the '.eu Top-level' Domain and the Principles Governing Registration, 2004.
8. Directive 2005/29/EC of the European Parliament and of the Council, Concerning Unfair Business-to-Consumer Commercial Practices in the Internal Market, 2005.
9. Fetadeh, Gh (2000). "Legal Affairs, Dumping, Punishment and Compensation". Trade Office, 375 (2): 24-27. (Persian)
10. Halket, T (2012). Arbitration of International Intellectual Property Disputes. New York: Juris Publishing.
11. International Business Publications (2013). European Free Trade System and Policy Handbook: Integration, Policy, Regulations. Vol 1, Washington: International Business Publications.
12. Marett, P (1996). Intellectual Property Law. London: Sweet & Maxwell.
13. Stim, R (2014). Patent, Copyright & Trademark: An Intellectual Property Desk Reference. Berkeley: Nolo.
14. Wiewiorowska-Domagalska, A (2003). "EU Regulation of Consumer Sales Guarantees: The Present Situation and Future Perspectives". Electronic Journal of Comparative Law, 7(5): 12-14.



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