Justifiability of the Protection of Intellectual Property Right under Conventional and Islamic Laws
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Date
2025
Authors
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Publisher
Department of Sharia, Faculty of Law, University of Maiduguri, Nigeria.
Abstract
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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Keywords
LAW/JURISPRUDENCE::Private law::Intellectual property law, Islamic Law, Copyright Law, Trademark law, Maqasid al-Shariah
Citation
(2025) Unimaidjicol Vol. 10, No. 1