Intellectual Property, Related Rights, and Their Applications under Islamic Sharia

Abstract

Issues pertinent to the intellectual property (IP) rights developed widely during the recent years in most of the world countries. Strict laws became in force to protect the intellectual property for the individuals and companies, and provide the legal and criminal protection to the patents and trademarks that spread out in the communities. These laws further protect the innovations and thoughts, especially the copyrights and publishing. The issue more developed to the extent that there are now international agreements and conventions among the states that bind them to respect and observe the rights of other states in the intellectual property domain. As a result, this current study was made with the title: "Intellectual Property, Its Related Rights and Applications in Islamic Sharia", which will contribute to highlighting the rights pertinent to the intellectual property, and how far its related rights are safeguarded. The researcher found that the copyrights, trademarks and patents protection have received great attention within the countries, through enactment of laws and regulations. They also gained significant attention in the international treaties and agreements worldwide; taking into consideration that protection of these rights is a feature of the individual's personality; for instance, Trade-Related Aspects of Intellectual Property Rights (TRIPS) and World Intellectual Property Organization (WIPO). At the level of the Arab countries, there are multiple projects for the copyrights protection, i.e. the Islamic Convention Draft. On the other hand, both the ordinary and famous (well-known) brand received the best attention in this legal protection as a way to distinguish products from each other. Assault on it by imitating or using it by others is harmful to the producer, the consumer and the state as a whole. It harms the producer through the loss in marketing his products and the existence of competitors of the other traders; in addition to that it afflicts the consumer. The famous brands (trademarks) in the world countries enjoy both civil and criminal protection when others attempt to use or exploit them. Through this study, the researcher, for the purposes of comparison, collected the issues related to the intellectual property applications in the Islamic Sharia. Islam experienced examples of the intellectual innovation and inventions, and innovations of the scholars and jurisprudents in the Sharia domains, as well as other sciences, and attention to the authors, writers and poets. In conclusion, the researcher presented the results and a pool of recommendations.