An Islamic Vision of Intellectual Property
An Islamic Vision of Intellectual Property
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.
- Proposes a new comparative theory of intellectual property (IP) that will attract the attention of readers who are uncomfortable with a singular Western vision of IP
- Demonstrates how the Islamic vision of IP is fundamentally anchored in social justice and overlaps with comparative Western theories of social justice
- Provides enormous support to the human development framework of IP, which will appeal to those critical of IP expansion and concerned about IP's impact on human development measures
Reviews & endorsements
‘Fairness in the construction and distribution of property rights matters. In this book Ezieddin Elmahjub develops an Islamic vision of a fair intellectual property system. It is a hugely important contribution to our understanding of Islamic views of the social good and justice.' Peter Drahos, European University Institute, Florence
'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
‘Elmahjub's book undeniably stands as a significant and distinctive addition to the ongoing discourse on intellectual property … it fills the void it addresses and establishes itself as a crucial starting point for future debates on the subject.’ Ali Ekber Cinar, Asian Journal of Comparative Law
Product details
April 2019Hardback
9781107182837
214 pages
234 × 157 × 16 mm
0.44kg
Available
Table of Contents
- 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.
