Papers by Mir Ahmad Parsa Manush
Canadian Journal of Regional Science, 2001
International Journal Of Humanities Education and Social Sciences, 2024
The Agreement on Trade-Related Aspects of Intellectual Property Rights provides for a minimum sta... more The Agreement on Trade-Related Aspects of Intellectual Property Rights provides for a minimum standard of Intellectual protection. All WTO member countries are under an obligation to comply with the provision of provisions Agreement. Afghanistan, as a member of the WTO, in the case of intellectual property rights, committed to full implementation of the provision of the TRIPS Agreement. Hence, is required to coordinate all its trade law, including patent law. This research paper examines Afghanistan's patent regime in relation to the RTIPs Agreement. The paper provides a comprehensive overview of the fundamental concept of patents and the historical background of patents in the legal system of Afghanistan. It then delves into an analysis of the law and regulations in Afghanistan, evaluating their compliance with the TRIPs agreement. For analyzing we will employ a descriptive-analytical method to examine the compatibility of Patent law to the TRIPS agreement. The findings of this research indicate that Afghanistan patent law is compatible with the minimum standard of patent protection in the TRIPs Agreement. Nevertheless, Afghanistan's patent law is insufficient, there are certain legal lacunae in its provisions which must be amended.
Studies of Islamic Law Journal, 2024
Recent changes and transformations in human societies have led to the emergence of various concep... more Recent changes and transformations in human societies have led to the emergence of various concepts. Legal personality is one of the most important concepts, which is widely present in today's social life. Following the existence of legal personality, discussions about its ability for property ownership, Acceptance obligations, and compensatory damages have been raised among Muslim jurists and legal scholars. If no evidence is found for the validity of legal personality, it will be deemed invalid, resulting in significant ambiguity in the social and economic interactions of many institutions. previous jurists does not have any clear discourse on the issue of the legal personality, but in contemporary times, a jurisprudential examination of this concept is important. Therefore, this research, through a qualitative approach and library method, will explore the legitimacy of legal personality. The findings indicate a dichotomous view of the issues surrounding the concept of legal personality. Based on the analysis of the said discourse, it is found that such a concept has long existed and is embedded in Islamic law.
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Papers by Mir Ahmad Parsa Manush