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description Journal article public Journal of International Commercial Law and Technology

Share’a: Intellectual Theft or Intellectual Infringement?

M. A. Naser, W. H. Muhaisen
Published 2009

Abstract

In this we seek to address the resemblance between Islamic rules and Westernsystems in terms of the criminal protection of IPRs. The significance of tackling this issue at thisparticular time is that there have been increasing calls in Western societies for the implementation ofthe rules of Share’a in their own Western territories. This article aims to situate this argument withinthe course of the criminal protection of IPRs, so as to prove that IPRs are one aspect of Share’awhich does not conflict with the Western principles of protection. The main theme in this article isto establish that criminal protection of IPRs shall not result in severe physical punishments, butrather, would generate adequate protection to owners of intellectual creations. It shall be argued thatintellectual theft could not be considered as a conventional theft which could result in theamputation of hand. Therefore, criminal protection in Islam could be accommodated with protectionin Western societies, and shall not amount to what may be considered –from a Western point ofview– to be severe physical punishment.

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  • visibility 216 views
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