Introduction

Intellectual property rights deal mainly with issues that are the product of human thought and are related to his mental creations. In other words, the subject of this property is inherently intangible and is an aspect of the knowledge and information that is manifested in physical products or their reduction process.

Ownership:Ownership literally means to be an owner. But in the term, it is the right of use and possession in any case by the owner in his property except in cases that the legislator has excluded. Ownership is the most important objective right and its subject is foreign objects, material and immaterial property. For this reason, its territory is determined by the legislator.

The point to be made here is that there is a difference between ownership and property rights. This means that the right of ownership of a legal authority arises from the existence of a credit relationship between the owner and his owner, according to which the owner can make any seizure of his property within the limits of the law and use all its benefits.

Intellectual:Thinking literally means thinking, thinking and contemplating. But here we mean the valuable phenomena that are the cornerstone of many creative innovations. Therefore, an intellectual work is what is created as a result of the efforts of human thought and appears in the form of a literary, scientific or artistic form.

Therefore, it can be said that intellectual property rights are property and domination, a law according to which the owner of the work can use the benefits and a specific form of his activity or thought expressed exclusively. For example, the invention of a product is the product of the thought and genius of its inventor, and a piece of music is the product of the composer's mind that played it for the first time. In addition, there are other issues today, such as the protection of plant species, trade secrets and confidential information, genetic resources, and popular culture and literature, that are subject to intellectual property rights [7].

Intellectual Property History

Despite the deep-rooted issue of intellectual property, intellectual property rights are a new issue. In 1690, John Locke, in his two treatises, attributed the ownership of a work of art to its author. However, the first laws in this field were enacted with the development of the printing industry and the protection of authors against the issue of unauthorized printing. The world's first copyright law was passed by the British Parliament in 1710. This law introduced the author as the holder of the copyright. In France, Louis XVI issued a decree in 1977, and in the United States, with the enactment of local law in 1783, intellectual property rights were established, and then in 1789, it became a constitutional principle. In particular, the term intellectual property was first used in October 1845 in a Massachusetts court in connection with the patent case of Davoll Brown and his associates. Prior to 1967, the term intellectual property rights were used informally, but since 1967, when the World Intellectual Property Organization was established, the organization has made great efforts to develop the term [8].

Importance of intellectual property rights

Article 27 of the Universal Declaration of Human Rights recognizes the right to enjoy the spiritual and material benefits of any scientific, literary or artistic activity, in addition to human rights such as the right to life, the right to freedom of expression and thought. This makes us think about the importance and position of intellectual property rights because it is one of the basic human rights [9].

The product of human intelligence, compared to other goods and products has three special features:

•           Is a direct result of human intellectual work?

•           Does not disappear with consumption.

•           Easily presented and reproducible.

Similar to the structure of the legal system that regulates cultural and social life, the rules and laws of property can be the link between the world of human thoughts and ideas. Without these rights, for example, the motivation of authors to create a work would be lost. The basic premise of intellectual property rights is that creative human ideas flourish when the copyright holders benefit financially from their work and control the copying of their work. Therefore, it is because of this support that with each purchase of a product protected by intellectual property, in fact, a part of its price is paid as the share of the product ideate. Part of the price of a book belongs to its author. Part of the amount of a mobile phone is the share paid to the inventors of new technologies used in the mobile phone. Part of the price of a drink is the money spent on its brand. It is obvious that this issue will gradually and over time cause prosperity in various industries. For this reason, intellectual property rights are a complementary link in the innovation cycle. After creating an idea, by creating intellectual property rights, the possibility of commercializing it is facilitated. Thus, intellectual property is one of the categories that must be protected because of its importance, just as law enforcement enforces security in the city, so must intellectual property be protected.

Branches of Intellectual Property Rights

Intellectual property rights are divided into two main and important branches: a) Industrial property rights; b) Literary and artistic property rights. As for industrial property rights, initially, the protection of categories related to this type of rights was done by granting concessions or filing lawsuits in the courts, which continued until the middle of the 17th century AD, but after that many countries tried to Provide laws to protect this type of right, first introduced by the United States in 1790. But in general, the protection of these rights dates back to 1883 and the Paris Conference. As for Literary and artistic property rights, these rights have a much longer history than industrial property rights. The first law in this field was passed in 1710 in England. The protection of this type of law at the international level began in the mid-19th century on the basis of bilateral treaties.

The need to pay attention to intellectual property in research and business

The importance of intellectual property goes beyond human and international human rights protections when it comes to its impact on the prosperity of trade, especially international trade, and technology research and development, especially new technologies. The study of the effects of supporting intellectual property and capital on the development of science and technology shows that one of the main results of supporting intellectual property is encouraging scientists and researchers to conduct more and more effective research, because in return for consumer genius, the reward They deserve it. In the field of international trade, creating an advantage and credibility over competitors due to the acquisition of intellectual capital by some market participant’s increases bargaining power and increase profits, so that today the capital of large companies not only with tangible assets but also with intangible assets and Their intellectual assets are also calculated.

In the business arena, after patenting their research achievements, companies can either directly turn these technologies into products and market them, or they can sell patent exploitation rights through technology transfer contracts to other companies. Intellectual ownership of companies in the case of inventions, monopolies of production and sales and supply of products for companies for twenty years, and in the case of trademarks, this monopoly can last forever. It is this monopoly that consolidates the superiority of the intellectual property company in the market. Increases bargaining power and credibility among competitors and guarantees the return on investment of the company, because even if the company is not able to exercise its monopoly, it can easily get a return on investment through the transfer of its technology. At the same time, ignoring the intellectual property of a company can lead to the exploitation of third parties without the company's permission and the production of similar products by competitors, jeopardizing the company's reputation and profits, and affecting the company's bargaining power in the market.