scholarly journals The Concept of Intellectual Property As Al Mal: An Islamic Perpective Approach

2017 ◽  
Vol 1 (1) ◽  
pp. 93
Author(s):  
Mohd Izzat Amsyar Mohd Arif ◽  
Hisham Hanapi

The idea of legally acknowledging and protecting the intellectual property is prevalently known inany legal system in the world, but not many people know how this idea is dealt in Islam. Islam asthe religion of wholeness (syumul), deals with almost all aspects of life and aims at protecting fivemain objectives of syariah3 (maqasid al syariah) namely religion (al din), life (al nafs), intellect(al aqal), lineage (al nasl) as well as property (al mal). As the time goes by, people started torealize that human intelligence and creativity shall not be the object of manipulation, thusnecessitated them to come up with some sort of protection for their invention by legallyacknowledging it as ‘intellectual property’. This paper will try to discuss the position of intellectualproperty in the Islamic jurisprudence by determining its ‘maaliyyah’ (capable of being consideredas property).

2005 ◽  
Vol 2 (4) ◽  
Author(s):  
W. Bradnee Chambers ◽  
Alphonse Kambu

AbstractIntroductionShould Mohammed go to the mountain or should the mountain come to Mohammed? For indigenous groups around the world who have watched their knowledge and way of life erode from outside forces, they want the mountain to come to them for a change and they are demanding that the current global intellectual property rules be adjusted to protect their traditional knowledge instead of them trying to fit into a system that was never designed with their needs in mind.Most experts agree that traditional knowledge— the local know-how to use plants and animals for therapeutic, medicinal or artisan purposes—cannot be easily protected under current international law. But for the world’s poorest, traditional knowledge is the foundation of many services that they could not otherwise afford. For example, medical treatment based on traditional knowledge meets about 80% of their daily healthcare needs.


Author(s):  
Felix Höflmayer

Radiocarbon dating has become a standard dating method in archaeology almost all over the world. However, in the field of Egyptology and Near Eastern archaeology, the method is still not fully appreciated. Recent years have seen several major radiocarbon projects addressing Egyptian archaeology and chronology that have led to an intensified discussion regarding the application of radiocarbon dating within the field of Egyptology. This chapter reviews the contribution of radiocarbon dating to the discipline of Egyptology, discusses state-of-the-art applications and their impact on archaeological as well as chronological questions, and presents open questions that will be addressed in the years to come.


2016 ◽  
Vol 5 (1) ◽  
pp. 108-115
Author(s):  
Bijoylaxmi Sarmah ◽  
Zillur Rahman

This case highlights Indian Tobacco Corporation (ITC)’s journey from being a pure leaf tobacco selling company to a reputed conglomerate with popular brands in diversified areas. ITC’s corporate social responsibility (CSR) and sustainability activities taking a turning point with the company taking an immense interest in integrating societal problems in its company’s policies and strategies. These transformations can be seen in almost all the business divisions of ITC. Mangaldeep division, an incense stick division is not an exception to this change. However, the authors are trying to analyze the activities of ITC–Mangaldeep Business unit from different perspectives such as CSR, sustainability and shared value initiatives. Considering the resource constraint and the demand to meet the societal needs, it will be quite interesting to know how both these two challenges are met by a conglomerate like ITC simultaneously in the days to come. The case uses both primary and secondary sources of information to develop this teaching case.


2020 ◽  
Vol 15 (2) ◽  
pp. 301-325
Author(s):  
M Cholil Nafis

AbstractPatent has a prominent place in people’s lives, as it constitutes a basic engine of progress, and becomes measure of the progress and richness of nations. Countries that possess a huge percentage of patents occupy high positions among other countries and have political influence against other countries. Therefore, the countries of the world have agreed to conduct agreements to protect it, on top of which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). When the State of Indonesia agreed to sign this agreement, it had to provide legal cover in the field of patent through Law number 13 of 2016. After careful study of this law and Islamic jurisprudence, including its principles, and its purposes, the research sees that the Indonesian Law and Islamic Jurisprudence agree that patent is considered as wealth and property. So, they agree on the necessity of patent protection, and imposing the punishment for the aggressor. They also agree on the patent exploitation, whether it is personal exploitation or through a license contract. However, Islamic jurisprudence has established controls for the exploitation of innocence, the most important of which is that exploitation does not harm others. ملخص البحثالتشريع القانوني وضمان المنتجات الحلال للمستهلكين المسلمين من أهم أمر أساسي. وذلك أن من واجبات المسلم أن لا يقتصرالاهتمام باستهلاك المنتجات الخالية من المخاطر الكيميائية والمواد الضارة بالصحة، بالإضافة إلى ذلك فلابد أيضا أن يهتم بحلال المنتجات من ناحية ماهيتها ومعالجتها وفقا للتشريع الإسلامي. وكذلك يجب أن تكون منتجات الملابس مطهرة وليست مصنوعة من أشياء نجسة، لأنها تفسد العبادة والصحة النفسية. دستور الدولة والقوانين واللوائح التي نتص على ضمان منتجات الحلال هي دليل على التزام الحكومة بالتواجد في توفير الحماية للمسلمين هم أعظم المستهلكين في إندونيسيا. أصبح القانون رقم 33 سنة 2014 بشأن ضمان المنتج الحلال والذي دخل حيز التنفيذ في 17 أكتوبر 2019، هو نقطة البداية أن الدولة توفر ضمانات وحمايات لمواطنيها للحصول على الغذاء والأدوية والمواد المستهلكة وفقًا لإرشادات الإيمان. ومع ذلك، فإن تنفيذ القانون وتطبيقه لا يزال يحتوي على استثنائية السلطة التقديرية (حرية التصرف) بشأن رسومات الكلفة حيث أصبحت عملية تفتيش الحلال تحت رعاية سلطة منظمة تحليل الغذاء والأدوية مستحضرات التجميل عضو مجلس العلماء الإندونيسي حتى صدور قرار وزير المالية بشأن رسومات كلفة خدمة شهادة الحلال. ولا تزال هذه استثنائية السلطة التقديرية (حرية التصرف) تؤثر بشكل أو بآخر على برنامج إلزام شهادة الحلال لكل منتجات يتم تسويقها في إندونيسيا من خلال إلصاق علامة/ختم الحلال. 


2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Dave Wilson

When considering an ethnography commons, it seems that there are at least two sorts of boundaries that commoning has the potential to reconfigure: 1) boundaries within the academy between disciplines and 2) boundaries between the academy and ‘the rest of the world.’ Admittedly, these boundaries are often constructed (or imagined) from within the academy itself, and seeking ways to re-draw them may result in yet another navel-gazing exercise that reaffirms particular modes of knowledge production disproportionally beneficial to those ‘in’ the academy. In this essay, I focus on ethnography grounded in sound and how it both productively traverses disciplinary boundaries and usefully brings into relief the unevenness of commoning. I examine a number of discourses in ethnomusicology dealing with sonic epistemologies and interaction, music making as ethnographic method, and intellectual property, all the while grappling with my own work as an ethnographer involved in the production of collaborative sonic texts.


2020 ◽  
Vol 3 (1) ◽  
pp. 1-7
Author(s):  
Anis Mashdurohatun ◽  
Ariy Khaerudin ◽  
Teguh Prasetyo

Illicit used of intellectual property protection of indigenous peoples which are increasingly exploitative and leaving the existing values, and it’s happen over the world. Paradox government need it for raw material in creative economic but there’s no law to protect. The aim of this study is to describe dilemma of law patronage for Intellectual property of Indigenous People. Method for this study used library research. The values of justice in the use of traditional cultural expressions are carried out proportionally and balanced by harmonizing the values of individuals with communal values. Based on it ought to palladium with legal system that preserve behalf indigenous peoples in order to achieve legal objectives (Justice, certainty and expediency).  


Author(s):  
Alexandra George

‘Intellectual property’ (or ‘IP’) is an umbrella term that is used as shorthand to describe a variety of diverse doctrines that create legally-enforceable monopolies over the use of or access to ideas, information and knowledge. As the Internet is essentially a structure through which such material can be presented, organised, transmitted and disseminated, IP is a key area of law that is used to regulate activity on the Internet. The pervasive significance of this becomes clear when one considers that much of the hardware that forms the framework of computer networks that comprise the Internet, and almost all of the data carried through these networks and linked via the World Wide Web, are—or have been in the past—subject to regulation by IP laws.


2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Alok Kumar ◽  
Pramod Pathak

The world of advertising appeals is fascinating. Although not much research has been done in our country on the subject, yet this finds place in almost all advertising endeavours in our country. One important aspect is to know whether such ad appeals do influence the purchase intention of a consumer. The paper covers a primary study, involving such an aspect where few statistical tools have been used to come to a certain conclusion


Al-Ahkam ◽  
2020 ◽  
Vol 30 (2) ◽  
pp. 119-140
Author(s):  
Husnul Haq ◽  
Arif Ali Arif

The trademark plays an important role in economic life, as it is a way for the merchant to distinguish his products from those produced by others. It also helps consumers to identify the products they want. Therefore, the countries of the world have agreed to conduct agreements to protect it, on top of which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). When the State of Indonesia agreed to sign this agreement, it had to provide legal cover in the field of the trademark. The research aims to demonstrate trademark protection in Indonesian law and Islamic jurisprudence. This research falls within the library search, and its description is an analytical and critical description. After careful consideration, the research concludes that Indonesian law and Islamic jurisprudence are in agreement of considering the trademark as property and right. So, they agree on the necessity of trademark protection and imposing the punishment for the aggressor. Meanwhile, they differ in the imprisonment; the law considers it as a basic punishment while Islamic jurisprudence considers it as a secondary punishment


IIUC Studies ◽  
1970 ◽  
Vol 3 ◽  
pp. 19-30
Author(s):  
Rehnuma Bint Anis

The Victorian period lasted more than half a century. During this time England changed radically in almost all respects. One of these was the rising consciousness of women about their rights and potentials. Soon, the social awareness was transmitted to literature. In retrospect we find that many women writers emerged at this critical juncture in history when women were pleading to be given voice, to achieve their rights and to be given an opportunity to come out of the shells of quiet submission enforced upon them and achieve something of their own. Three sisters living deep in the Yorkshire moors surprised the world by taking part in this ongoing struggle. This article attempts to evaluate their contributions towards achieving women's rights in English history.     doi: 10.3329/iiucs.v3i0.2629   IIUC STUDIES Vol. - 3, December 2006 (p 19-30)


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