The Alliance Between Islamic Law and Intellectual Property: Structure and Practice

Citation: Bashar H. Malkawi (2013) The Alliance Between Islamic Law and Intellectual Property: Structure and Practice. U. St. Thomas L.J. (RSS)
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Summary

The concept of intellectual property is not new. Protection for creative works was granted under the British Statute of Anne in 1710 and the Statute of Monopolies in 1624. In the 19th century, the term intellectual property began to be used,2 and in subsequent years, many of the legal principles governing intellectual property evolved.

The purpose of this article is to elucidate the protection of intellectual prpoerty under Sharia law. The article approaches this subject not only historically but also analytically. In particular, the article elaborates on the legal concepts that may provide a basis for intellectual property protection in Sharia by analyzing the present-day challenges of incorporating new types of intellectual property rights under Sharia. The article also examines the reasons for the lack of sufficient protection for intellectual property rights in Arab countries considering that Sharia recognizes these rights in some form.