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Search Fatawaa


Subject : Intellectual Property Rights

Fatwa Number : 655

Date : 22-04-2010

Classified : Current Financial Issues

Fatwa Type : Search Fatawaa


Question :

What is the ruling of Sharia on transgressing against trademarks as one form of intellectual property rights?



The Answer :

Praise be to Allah the Lord of the Worlds.

Trademarks are one form of intellectual property rights. During the fifth session of its conference held in Kuwait 1405 Hijri, corresponding to 1988 AD, the Academy of Islamic Fiqh issued its resolution concerning moral rights, such as authorship and the like. Regarding trademarks, the resolution stated, "Commercial names, titles, trademarks, authorships and inventions are rights to whom they belong. In present norms, these have a considerable financial value, and are considerably protected under Islamic Law against any transgression."Therefore, any transgression against them is considered a form of theft, cheating, and wrongfully eating up people`s wealth and rights. Islam considered preserving these as an obligation that emanates from believing in Almighty Allah and having the sense of responsibility towards protecting the rights and wealth of people. Prophet Mohammad{PBUH} said: “Your blood, your property and your honor are inviolable. “{Bukhari&Muslim}. He also said, “There should be neither harm nor reciprocal harm.”{Ibn Majah}.And Allah the Almighty knows best.

 

 






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