Intellectual Property - A Jurisprudential and Economic Study

The rights of Intellectual Property, which divides into two main branches: the industrial property and, the Literary and Artistic property; are a set of privileges, capabilities and protections that people have on an intangible, intellectual, specific, and private phenomenon. Acceptance of ownership and application of the rules and laws of property over these kinds of phenomena, has resulted in a change in the knowledge and literature of Economics, and considering the abundance of knowledge generation on the one hand, and variations in the levels of knowledge and technology generation between the countries, on the other, has made this subject prominent in the political and economic dimensions. For a more in-depth case analysis of the intellectual property, it is necessary that the objective reality of an intellectual object in comparison with other categories of property [or wealth] be explained and its status in the system of properties be explored. On the other hand the legal connection between the creator and the intellectual creation, considering the legal titles should also be determined. In addition to this, the basis of legality of the institution of intellectual property, in Islamic laws should be studied so that in accordance with the level of acceptance of this phenomenon, an economic and legal system is designed. This article, keeping in view the source of the intellectual property laws and considering the philosophical discussions of this subject, will discuss the above mentioned topics.