with the decision of the general board of the Administrative Court of Justice; The need to include the supervisor's name as the responsible author of the article was canceled

Part of the vote:
"A scientific article derived from a thesis is an independent legal work that is created by the student and he is considered the intellectual owner of it, and the supervisor is only responsible for supervising it."

Regarding the recent decision of the court regarding the "no need to include the supervisor's name as the responsible author of the article", I will say some important points in a thread of tweets and also point to another related decision:

Read the defense of Allameh University. By reading it completely, you will realize the weakness of the arguments and documentation.  But what are the reasons for canceling this directive:

"According to Article 8 of the regulations of the doctoral course, the article extracted from the thesis is written by the student and the supervisor is only responsible for monitoring and guiding to correct it."

"According to Article 13 of the regulations of the doctoral course, the university must comply with the general principles and the main criteria of the doctoral course contained in the mentioned regulations in developing and approving the guidelines for supervising the implementation of the doctoral course. The inclusion of the condition that the author is responsible for the supervisor, the development of the scope  It includes the sentence contained in Article 8 of the regulation.

Article 8 of the regulations states how to defend the doctoral dissertation and its conditions, and the silence of this article regarding who is the responsible author does not imply the author's right to be responsible for the supervisor, and it should be done in the light of the general principles of public law such as the principle  Incompetence and principle of equality and prohibition of discrimination interpreted."

Because the principle is that the supervisor is not qualified to be the responsible author of the article, and it needs to be specified otherwise.
Based on Article 3 of the Law on the Protection of the Rights of Authors, Writers, and Artists approved in 1999 and amended in 1999, a scientific research paper derived from a thesis is an independent legal work, which is created by the student and is considered its intellectual owner, and the supervisor is only responsible for monitoring  on it."

The General Board of the Court of Administrative Justice, according to the Decree No. 839 dated 5/1/1398, had annulled this matter, but unfortunately, despite the Court's ruling based on the annulment of this note, Allameh Tabatabai University again in the new executive policy approved in December 1397 in the note  2. Article 18 repeated the same note. Despite the previous decision of the court on the annulment of this matter, it re-approved that: "Only articles approved by the supervisor and the supervisor as the responsible author of the article are acceptable for obtaining a defense permit."  be."

In the new complaint, another important issue was added: "Note 1, Article 14, of the Executive Rules of the Specialized Doctorate Regulations (for the admissions of 2017 and later) of Allameh Tabatabai University, the failing grades of the students' courses will be considered in the calculation of the academic semester average and the overall average.  ".  And the plaintiff asked for the annulment of this as well.

The general board voted: "Based on note 2 of article 35, which is in charge of article 30 of the regulations, the guarantee of not getting a grade of 14 as a passing grade for any course in the specialized doctorate level is the requirement to retake the failed course, which may lead to an increase in academic years and  As a result, he will be deprived of the right to defend his doctoral thesis.

"Calculating the grade of a failed course in the comprehensive evaluation stage and as a result depriving the student of the right to enter the comprehensive evaluation stage, imposing deprivation and double punishment is invalidated."

The new vote emphasized the previous implementation (responsible author) and invalidated another decision (failing grade).

Farshad Ismaili