An Islamic Vision of Intellectual Property
Theory and Practice

Introduces an Islamic theory of social justice to inform the theories and design of global intellectual property regimes.

Ezieddin Elmahjub (Author)

9781316632697, Cambridge University Press

Paperback / softback, published 21 February 2019

214 pages
22.8 x 15.2 x 1.2 cm, 0.33 kg

'This is a great book, and a much-needed addition to our theoretical understanding of intellectual property. Dr Elmahjub shows us how Islamic law and philosophy can inform and enrich our knowledge of IP as a force for good in the modern world. His work will be an important foundation for future scholars of comparative IP, legal systems, and social theory. A wonderful achievement.' Dan Hunter, Foundation Dean, Swinburne Law School, Australia

For over a century, intellectual property (IP) regimes have been justified using Western philosophical theories rooted in the idea that IP must reward talent and maximize global stocks of knowledge and cultural products. Reframing IP in a context of legal pluralism, Ezieddin Elmahjub brings an Islamic and comparative narrative to the appropriate design and scope of IP rights, and in doing so criticizes the dominance of Western influence on a global regime that impacts the ability of people to access medicine, to read, to imagine, and to reshape popular culture. The Islamic vision of IP, which is based on a broad theory of social justice, maintains that IP cannot simply be seen as a reward for effort or tool to maximize economic efficiency but as one legal right within a complicated distributive scheme affecting fundamental human rights, equal opportunities, and human capabilities.

1. An Islamic Vision of IP
2. The structure of Islamic doctrine and the search for the social good
3. Justifying IP under Islamic doctrine
4. Social good in Islamic doctrine and IP in practice
5. IP and the Islamic principles of justice
6. Islamic vision on IP and the distribution of intangible resources
7. Fair IP landscape.

Subject Areas: Intellectual property law [LNR], Comparative law [LAM], Islamic law [LAFS], Jurisprudence & philosophy of law [LAB], Jurisprudence & general issues [LA], Islamic studies [JFSR2]