An Islamic Vision of Intellectual Property : Theory and Practice

This book shows that Islamic sources offer a comprehensive theory of social justice with a strong focus on the distribution of rights and obligations to access and re-use knowledge and cultural products. It will appeal to readers interested in many disciplines, including Islamic and comparative legal studies, and theories and cultural studies 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.