Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Investigation of Intellectual Property Rights from the Viewpoint of Imamiyah Jurisprudence and the Four Religions

Document Type : research

Authors
1 PhD student in Shafi'i jurisprudence, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2022.346299.1248
Abstract
Background & Objective: The legitimacy of intellectual property from a jurisprudential point of view is a matter of controversy. In this paper, an attempt is made to investigate the viewpoints of Imamiyah jurists and the four religions regarding intellectual property.
Materials & Methods: The present paper is analytical-descriptive and library method is used.
Ethical considerations: In this paper, the originality of the texts, honesty and trustworthiness have been observed.
Findings: The viewpoints of Imamiyah jurists regarding intellectual property are not the same. Some jurists do not recognize intellectual property rights for reasons such as the rule of domination, non-approval by the Shari'a, and conflict with the sanctity and mission of science and some other jurists, citing the rule of prohibition of detriment, manner of the wise and the rule of maintaining the system, and also the rule of dominance, legitimize intellectual property rights. The dissent among jurists of the four religions in this regard are less and they have generally accepted intellectual property based on knowledge, intellectual property, the rule of unspecified public interest and blocking the means.
Conclusion: Intellectual property rights are considered "property" because they do not contradict the Shari'a and are accepted and can be traded from a customary point of view and need to be taken into consideration more than before. Because it is the foundation of the development of knowledge and technology, and the development of society requires its protection.
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