JUSTIFIABILITY OF THE PROTECTION OF INTELLECTUAL PROPERTY RIGHT UNDER CONVENTIONAL AND ISLAMIC LAWS
The concept of intellectual property is one whose
recognition and legality is not unanimously agreed upon
under the conventional law and Islamic law respectively.
The justification for the protection of intellectual property
has been debated by scholars, both under the conventional
law and the Shari’ah. This research work examines the
justifiability of the protection of intellectual property rights
considering the arguments proffered for or against the
subject through an examination into the concept of
intellectual property rights under the conventional and
Islamic laws, as well as the system of their protection, and
finally the justifiability of this protection. The work applied
the doctrinal legal methodology by conducting a content
analysis of both primary and secondary legal sources of
both the Islamic and conventional laws. The work finds that
the need for the protection of intellectual property rights is
stronger than the argument against it. Both the
conventional and Islamic laws hinge the justification on
human rights, public good and sustainable development.
The work recommends that to address the concerns of the
opponents, protection of intellectual property should focus
integrate both the personal interest of the owner of
intellectual property and public interest.
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