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The Evolution and Legitimacy of Intellectual Property Rights in Iran in the Light of Sharia (Islamic Law).

The Evolution and Legitimacy of Intellectual Property Rights in Iran in the Light of Sharia (Islamic Law).

2017 . Alireza Milani

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The Evolution and Legitimacy of Intellectual Property Rights in Iran in the Light of Sharia (Islamic Law).
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About the book

Islam from the very beginning has encouraged all those who claimed to have acquired new forms of knowledge and at the same time has stressed its dissemination in a fair system. Islam does not allow any violation against people's rights, whether material or intellectual. Therefore, it does not allow that the efforts of others be taken away from them or be used without their consent. But, both in analogy (fiqh) and related Islamic legal literature on property here is no specific mention of the term "Intellectual Property". However, some scholars contend that intellectual property rights were not directly regulated by Sharia but the others say that the principles of Sharia can be construed to provide support for such protection. Nevertheless, an analysis of the definitions and classifications of property under principles of Islamic law reveals that the concept of intellectual property is not alien to Islamic law of property; rather it is an integral part of it. General principles extracted from the sources of Islamic law and outlined by Muslim jurists have squarely encompassed it as a usufruct (manΓ£fi') property, which is recognized as object of right (haqq) that could be exclusive only to the individual that has right over it.This article assesses the stance of Islamic Law, known as Sharia, concerning the protection and enforcement of intellectual property rights in Islamic Law and culture, focusing specifically on Iran. Also, this paper examines additional principles of Islamic law that may constitute hurdles to intellectual property protection.In this paper, the brief history of the Iranian intellectual property law and its upcoming changes are described. The main goal of this research is to obtain more knowledge about Iranian law regarding to Legitimacy of intellectual property rights in Iran Law.IP-considerations in Iran's Development Plans have been presented in this respect, to show the orientation of the Iranian officials in IPRs policy making.

Year:

2017

Language:

English

Publisher:

SSRN

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