حقوق الملكية الفكرية (قراءة في أحكام الشريعة ومواثيق وإتفاقيات دولية وقوانين ومراسيم باكستان)

Intellectual Property Rights (Readings in Sharia Provisions, International Laws & Pakistani Ordinances)

Abstract

Islam recognizes the notion of personal rights of the individuals including the right of ownership, possession and property. Islam also identifies the individual’s rights to function individualistically. Therefore the efforts made for promoting intellectual rights can be considered a legitimate and recognized personal right. The notion of intellectual property is not unfamiliar to the Islamic regulation of property but it is an essential portion of it. Wide-ranging doctrines derived from the foundations of Islamic law and defined by Muslim jurists have directly protected it as a legal property. Intellectual property rights are indispensable to human creativity. Many laws have been enacted to protect intellectual property rights by creating awareness among the individuals about the intellectual property rights at national and international level. This research presents various viewpoints of Islamic scholars on intellectual property rights by highlighting the extent of these intellectual property rights. It also explores the endeavors being made at national and international level to raise awareness about various intellectual property rights including trademark, copyright and patent, which facilitate innovators to acquire acknowledgment or monetary advantages from their innovations. The basic aim of this research is to portrait a general idea of the endeavors made by numerous international organizations, countries and bodies including World Intellectual Property Organization (WIPO), The Universal Declaration of Human Rights (UDHR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Paris Convention, Protection Industrial Property, Berne Convention for the Protection of Literary and Artistic Works and World Trade Organization (WTO) for protecting the intellectual property rights. This study also explores the efforts made by Pakistan to enact laws for intellectual property rights by issuing various ordinances including Patents Ordinance 2000, Trade Marks Ordinance, 2001, Copyright Ordinance 1962. The Intellectual Property Organization-IPO was also as an autonomous body in 2005 under the administrative control of the Cabinet Division for integrated and efficient intellectual property management in Pakistan. Results, recommendations are presented at the end.