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An Islamic Vision of Intellectual Property

An Islamic Vision of Intellectual Property
Author: Ezieddin Elmahjub
Publisher: Cambridge University Press
Total Pages: 219
Release: 2019-02-21
Genre: Law
ISBN: 1316872092

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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.


Research Handbook on Intellectual Property and Moral Rights

Research Handbook on Intellectual Property and Moral Rights
Author: Ysolde Gendreau
Publisher: Edward Elgar Publishing
Total Pages: 583
Release: 2023-09-06
Genre: Law
ISBN: 1789904870

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This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law.


African Agency in China’s Tea Trade

African Agency in China’s Tea Trade
Author: Ute Röschenthaler
Publisher: BRILL
Total Pages: 364
Release: 2022-02-07
Genre: Social Science
ISBN: 9004505695

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This study highlights the agency of African economic actors in the green tea trade between China and West Africa, their unique tea brand designs, their challenges and successes, and the social and cultural context in which they conduct their work.


Copyright in Islamic Law

Copyright in Islamic Law
Author: Mohamed Ali Ahdash
Publisher:
Total Pages: 0
Release: 2016
Genre: Copyright (Islamic law)
ISBN: 9781903682913

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Copyright in Islamic Law is the first work in English to systematically discuss the ideas of intellectual property and copyright from an Islamic perspective. The author, Dr Mohamed Ali Ahdash, builds a framework from within Shari'a law to address the concepts of intellectual property and copyright. In so doing, he adopts the classical usul al-fiqh approach by firstly defining the key terms associated with the field, namely: right (haqq), ownership (milkiyya), wealth (mal) and utility (manfa'a). Dr Ahdash then analyses how these terms are used in the Qur'an and in the Hadith, before looking at how the secondary sources of analogy (qiyas), public interest (maslaha), custom ('urf) and legal maxims (qawa'id fiqhiyya) can be applied to copyright. The result of this study is a framework wherein the concept of copyright is defined and understood in an Islamic manner. This gives a consistent approach from which specific rulings can be derived. Copyright in Islamic Law is both a ground-breaking study in Shari'a law and a valuable contribution to the ongoing debates on copyright in general.


Beyond Modernity

Beyond Modernity
Author: Mohammed Moussa
Publisher: Rowman & Littlefield
Total Pages: 219
Release: 2023-10-30
Genre: Political Science
ISBN: 1538150956

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A contest is afoot in Muslim discourses around the world in the twenty-first century. Prevalent norms and acts are subject to competing motivations, trends and forces. The image of a monolithic Islam is thus wholly inadequate to identify and interpret the different expressions of Muslim thought and practice in their specific yet connected contexts. This book proposes competing and persuasive perspectives for interpreting what Muslims say, do and think in collective settings or in the light of common frames of reference. The chapters contained in this book reflect a diversity of disciplines and interests. Nonetheless, a common thread of the preoccupation with meanings in context unites the contributors and the approaches to their chosen examples. Islam is not a discrete category that is taken for granted. Instead, the cacophony of voices in the Muslim world situated in specific contexts, variously national, regional or global, is allowed to inform each chapter. Here one encounters contemporary Muslims participating in discourses with a contested character that create opportunities to augment or question orthodox dictates or transmit or alter existing beliefs and practices. What emerges are nuanced portraits of contemporary Muslim thought and practice that reveal a far from monolithic Islam to which all things Islamic can be reduced.


Islamic Legal Principles and Intellectual Property Rights in the Gulf States

Islamic Legal Principles and Intellectual Property Rights in the Gulf States
Author: Nadia Naim
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN: 9783959941624

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The book focuses on the relationship between Islamic law and intellectual property law and proposes groundbreaking alternatives to better support the growth of intellectual property in line with the Islamic moral economy. The author provides an overview of the development of intellectual property under Shariah principles in the Gulf States. She focuses on how the US and the EU have shaped the intellectual property regimes in the Gulf States, the WTO and WIPO in the pre-TRIPS era, and compliance with the minimum standards of the TRIPS Agreement. In addition, the impact of the TRIPS Plus standards and investorstate dispute settlement, as well as the implications for Gulf states of committing to further international investor agreements are examined. Innovative recommendations for an integrated approach to intellectual property law that incorporates the principles of Islamic commercial and financial law will be of interest to both academics and practitioners within and outside the region.


Intellectual Property Laws of the Arab Countries

Intellectual Property Laws of the Arab Countries
Author: Tala Abu-Ghazaleh
Publisher: BRILL
Total Pages: 1042
Release: 2021-11-29
Genre: Law
ISBN: 9004502963

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This first-time-ever compilation on the protection and enforcement of intellectual property rights reveals that the Arab countries of the Middle East and North Africa meet international standards in the legal protection of copyrights, patents, trademarks, and integrated circuit design. For each of seventeen Arab countries (plus Palestine and the Gulf Cooperation Council), Intellectual Property Laws of the Arab Countries gives transnational businesses and their counsel complete details in such areas of practice as the following: eligibility for protection; registration and renewal procedures; dispute resolution; succesion of rights; enforcement of penalties for infringement; and administrative and judicial remedies.


Intellectual Property Rights

Intellectual Property Rights
Author: Birgitte Andersen
Publisher: Edward Elgar Publishing
Total Pages: 374
Release: 2006-01-01
Genre: Law
ISBN: 1847201520

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The book presents an impressive line-up of experts in the increasingly relevant field of law and economics, an area that has particular relevance to the issue of IP rights. . . an excellent collection of cutting-edge research. . . an essential read for those interested in the economic impact of IPRs. . . a highly recommended collection. Andrés Guadamuz, Journal of Intellectual Property Law and Practice Intellectual property policy has been framed too commonly in terms of refining and strengthening legal rights. As intellectual property grows in scope and importance, the limitations of this narrow approach have become all too apparent. This important collection puts the policy problems in proper perspective by assembling the work of leading scholars and researchers who examine intellectual property rights in terms of how they actually work in legal, economic, and institutional contexts. Brian Kahin, University of Michigan and formerly White House Office of Science and Technology Policy, US For a long time we have thought about IPRs as a policy instrument to avoid a "tragedy of commons". The essays collected by Birgitte Andersen show that in the XXI century economy there is another, and so far underestimated, danger: a sort of "tragedy of markets" where every knowledge or cultural expression becomes privatised. This will generate a greater knowledge and culture divide, with an increased corporate dominance. Those who are afraid of the dangers of exclusion and believe that open access to science, technology and culture will lead us in a more intriguing world will find convincing arguments and explanations in this volume. Daniele Archibugi, Italian National Research Council, Italy There is a growing need to understand the role of the regulation of intellectual property rights (IPRs), in order not only to achieve economic performance, growth and sustainable development at corporate, sectoral and global levels, but also to provide a higher quality of life for communities worldwide. Intellectual Property Rights is cutting edge in addressing current debates affecting businesses, industry sectors and society today, and in focusing not only on the enabling welfare effects of IPR systems, but also on some of the possible adverse effects of IPR systems. The main areas covered in the book are: the global commons in an era of corporate dominance and privatisation of the public domain, including science, culture, and healthcare under TRIPS the rationales for IPRs, and the importance of an appropriate design of an IPR regime in achieving its objectives opening the black box of IPR offices and critically reviewing how they affect economic performance in both theory and practice coordinating the institutions (state versus sector institutions, knowledge networks, innovation systems) creating and extracting financial and non-financial value from patents and copyrights. This book challenges the existing mainstream thinking and analytical frameworks dominating the theoretical literature on IPRs within economics, management, politics, law and regulation theory. It is relevant for policymakers, business analysts, industrial and business economists, researchers and students.


Intellectual Property and the New International Economic Order

Intellectual Property and the New International Economic Order
Author: Sam F. Halabi
Publisher: Cambridge University Press
Total Pages: 255
Release: 2018-04-19
Genre: Business & Economics
ISBN: 1107177804

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Developing countries have quietly constructed a network of international agreements that redistribute wealth from the rich to the poor.


COPYRIGHT IN ISLAMIC LAW

COPYRIGHT IN ISLAMIC LAW
Author: Mohamed Ali Ahdash
Publisher:
Total Pages: 163
Release: 1999
Genre: Copyright
ISBN:

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