scholarly journals TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE

2019 ◽  
pp. 15-55
Author(s):  
Muhammad Ziaurrahman
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
Research Method ◽  
Islamic Law ◽  
Qualitative Assessment ◽  
Library Research ◽  
Different Types

Islam advocates the protection of all types of Rights. However, each and every type of Right is not directly regulated by Shari’ah (Islamic Law) while the principles of Shari’ah can be construed to provide support for such regulation and protection. To the best of our knowledge, there is no such paper which efficiently talks about the tradable and non-tradable Rights from Islamic Law of Contracts Perspective as such that it provides a framework to evaluate different types of Rights for their permissibility of being subject matter of contract. This paper attempts to address this issue by using library research method (Qualitative Assessment) whereby, data is collected from books, articles, etc. Inductive and deductive methods are used for formulation of arguments and for providing justifications. The findings of this study suggest that not every Right shall be considered subject matter of contract. Furthermore, there are Rights that are specifically granted to the holder and they are not transferable, Rights that are allowed to be sold for a price, Rights that are not allowed to be sold but can be subject of sulh (compromise) / tanazul (waiver), and Rights that are allowed and sometimes not allowed to be inherited. Keywords: Rights in Islam, Sale of Rights, Intellectual property Rights

scholarly journals Zakat Atas Hak Kekayaan Intelektual Perspektif Teori An-Nama’ Yusuf Qaradhawi

2020 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Imam Agung Prakoso
Keyword(s):  
Content Analysis ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Economic Value ◽  
Secondary Data ◽  
Intellectual Property Right ◽  
Library Research ◽  
Intellectual Creativity

This article aims to find out the Intellectual Property Rights according to an-Nama’ Yusuf Qardhawi theory Qardhawi' and how the zakat is calculated. The underlying theories used in this study are zakat theory an-Nama’, zakat profession, intellectual property right as a form of wealth, and intangible property. This study is a content analysis using normative legal approach. The research method used in this study is library research by collecting the data from primary and secondary data. The data is analyzed using interactive model. The findings showed that zakat on Intellectual Property Rights based on an-Nama’ theory by Yusuf Qaradhawi is a part of zakat on profession because IPRs have economic value, obtained from intellectual creativity manifested in the forms of works. Therefore, IPRs are a form of intangible property that could develop. In addition, the calculation of zakat on IPR is 2.5% of the income earned after deducted by tax obligations.

scholarly journals Konsep Masa Berlaku Perlindungan Hak Cipta Perspektif Hukum Islam

2021 ◽  
Vol 1 (2) ◽  
pp. 284-293
Author(s):  
Achmad Baihaqi ◽  
Said Abadi
Keyword(s):  
Intellectual Property ◽  
Qualitative Study ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Islamic Law ◽  
Moral Rights ◽  
Comparative Approach ◽  
Economic Rights ◽  
Library Research

The issue of Intellectual Property Rights has not been discussed or even described by classical fiqh scholars in-depth and thoroughly. One aspect that has not been studied is the issue of the period of copyright protection. The assumption is that if copyright protection is not limited in time, it will lead to a monopoly of creation by a few people. Therefore, the purpose of this study is to clearly describe and compare the terms of copyright protection in the Copyright Act and Islamic Law using the Maqashid Syariah perspective. The method used is a qualitative study (library research) with a comparative approach. The results of the study indicate that the period of copyright protection according to Islamic law, for the type of moral rights is valid forever, while for the type of economic rights it applies trade (willingness of the heart) with the provision that the shorter (reasonably) is, the better as long as it does not harm the creator. In addition, the State can determine the period of copyright protection through its regulations according to the country's ability.

Ch.3 International Exhaustion of Rights

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
Dispute Settlement ◽  
Foreign Market ◽  
Trips Agreement ◽  
Parallel Imports ◽  
The Subject ◽  
Domestic Law

This chapter focuses on the issue of exhaustion of rights. Article 6 disclaims any intent in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to limit the Members’ freedom to regulate the issue of exhaustion of rights with regard to all types of intellectual property rights (IPRs). It declares the admissibility of the international exhaustion of rights, that is, the possibility of legally importing into a country a product protected by intellectual property rights, after the product has been legitimately put on the market in a foreign market. These imports—made by a party without the authorization of the title-holder but equally legal—are generally known as ‘parallel imports’. Moreover, Article 6 of the TRIPS Agreement has left Member countries freedom to incorporate the principle of exhaustion of rights into their domestic law with a national, regional, or international reach. The issue as such cannot be the subject matter of a dispute settlement under the Agreement.

Part III Jurisdiction, Foreign Judgments and Awards, 14 Limitations on Jurisdiction

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
The Subject

This chapter discusses the limitations of the English courts' jurisdiction under the traditional rules. It first considers three types of limitations: limitations that affect the subject matter of the issue, limitations that affect the kind of relief sought, and limitations relating to persons between whom the issue is joined. It also explains limitations on jurisdiction imposed by certain statutes before addressing jurisdiction in respect of foreign property such as foreign immovables and intellectual property rights. Furthermore, it describes jurisdiction over the parties, focusing on persons who cannot invoke the jurisdiction and those who may claim exemption from the jurisdiction. The chapter concludes with an overview of statutory limitations on jurisdiction.

scholarly journals Perlindungan Hukum Terhadap Produk Indikasi Geografis dari Tindakan Peniruan

2019 ◽  
Vol 8 (1) ◽  
pp. 49
Author(s):  
Anak Agung Ngurah Tresna Adnyana
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Legal Protection ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Certainty ◽  
Empirical Law

Legal protection of Geographical Indications is necessary to determine whether there are communal or collective people. The communal community character means to belong to the community in the registered Geographical Indication area. This study aims to analyze legal certainty as well as the legal protection of product geographical indications of imitation actions. This research uses empirical law research method. In this case, the authors find that the TRIPs Agreement (Trade-related aspects of Intellectual Property Rights) and the act no 20 of 2016 concerning Trademarks and Geographical Indications are terms used to register. Perlindungan hukum terhadap Indikasi Geografis sangat perlu di perhatikan karena karakter kepemilikannya yang kolektif atau komunal. Karakter kepemilikan yang komunal memiliki arti menjadi milik bersama semua masyarakat dalam wilayah Indikasi Geografis yang telah didaftarkan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum produk indikasi geografis dari tindakan peniruan. Dalam penelitian ini metode yang digunakan adalah metode penelitian hukum empiris dengan menggunakan pendekatan perundang-undangan. Dalam penelitian ini penulis menemukan bahwa TRIPs Agreement (Trade Related aspects of Intellectual Property Rights) dan Undang-Undang 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis mengatur secara khusus perlindungan bagi produk indikasi geografis yang telah didaftarkan.

scholarly journals Owner-managed closed it companies in croatia

2019 ◽  
Vol 39 (4) ◽  
pp. 1685-1726
Author(s):  
Jasmina Mutabžija
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Intellectual Property Protection ◽  
Information Technology Industry ◽  
Important Ingredient ◽  
Technology Industry ◽  
Different Types ◽  
Knowledge Intensive

Intellectual property protection is an important ingredient in the market success of knowledge-intensive enterprises operating in the information technology industry. The governance and the extent of protection of intellectual property related to software often seem to be connected to certain characteristics of an enterprise, such as its type and size. By analyzing the publicly available data, the author identifies various patterns primarily concerning the structure of ownership and management of the software enterprises in Croatia. The analysis reveals that all of the top 500 software enterprises according to revenue are closed, with the overwhelming majority being owner-managed and small or micro-sized. This would suggest that most software enterprises in Croatia are passive when it comes to their intellectual property. In relation to this, the author describes three profiles of enterprises depending on their attitude towards the governance of intellectual property. The author also formulates and explores four possible complementary approaches to the protection of intellectual property, both legal and non-legal, in addition to discussing various types of intellectual property rights with the aim of identifying those that are more suitable for the protection of different types of software.

Research on the Sort and Evaluation of National Defense Intellectual Property Rights

2014 ◽  
Vol 971-973 ◽  
pp. 2398-2401
Author(s):  
Tian Ming Huang ◽  
Xing Yun Yu ◽  
Chao Xie
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
National Defense ◽  
Defense Technology ◽  
Different Types

According as the characteristic of National Defense Intellectual Property Rights, such as martial, monopolized, specific and be not suitable for current, the thesis classified National Defense Intellectual Property Rights as National Defense patent, National Defense technology privacy, National Defense copyright, National Defense brand-right and National Defense credit standing right. We should choose different means base on the different types.

scholarly journals Mengoptimalkan Peran Lembaga Perfilman Indonesia: Analisis Aspek Hak Cipta terhadap Praktik Siaran Video Ilegal

2021 ◽  
Vol 1 (2) ◽  
pp. 175
Author(s):  
Relys Sandi Ariani ◽  
Luna Dezeana Ticoalu ◽  
Herlin Sri Wahyuni
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Secondary Data ◽  
Library Research ◽  
Preventive Actions ◽  
Streaming Services ◽  
The Government ◽  
Film Piracy

The film is part of the intellectual property rights attached to the creator. Nowadays, it is commonly agreed that violation of intellectual property rights portrays in film piracy for personal gain is inevitable, with illegal streaming services. This study aimed to examine film protection, conduct a study of film institutions, and find concepts to protect films in Indonesia. The study used a juridical method with the statute and conceptual approaches. In so doing, it used secondary data processed using library research techniques. The study showed that illegal movie streaming rampant in Indonesia practiced illegal streaming movies. It violated the intellectual property rights inherent in the creator, resulting in enormous losses for the creators. There are further problems in the laws and regulations, and the government must accommodate preventive actions. This study suggested three components: correctional, supervision, and copyright protection against illegal movie streaming in Indonesia; and these components were to maximize the role of stakeholders. KEYWORDS: Illegal Streaming Movies, Indonesian Film Institute, Intellectual Property Rights and Copyrights

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