The importance of intellectual property in the modern world goes far beyond the protection of the creations of the mind. It affects virtually all aspects of economic and cultural life.”2 This is the collective wisdom of mankind, as reflected in their fundamental documents. Intellectual property is vital for the development and well being of the Muslim Ummah. This form of property may be considered essential today even for our traditional heritage, at the core of which lies Islamic law and Islamic knowledge. The World Intellectual Property Organisation notes: “The use of existing and new intellectual property approaches alone will not
resolve the challenges confronting traditional communities today, which will need to draw on a range of legal and practical tools to strengthen respect for the customary laws that protect their traditional knowledge.” In short, the Muslim world must participate fully in the field of intellectual property to ensure its progress and development. All this may be true, yet Muslim scholars who have to justify the use of intellectual property from the perspective of the Islamic shar┘’ah are not taking the matter seriously. There have been very few attempts to understand, analyse and validate the intellectual property system.
Source: Journal of Islamic Studies and Culture
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