ALegal-Economic Analysis of Intellectual (Non-Physical) Property

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Abstract:
One of the areas, which has seriously changed is the area of Property and Economic Laws and one of the reasons of this rapid change is the transformation of knowledge and technology in the present era. If in an age, researchers were honored due to their social status, today besides that, with the in many cases; in support of their intellectual findings their respect has taken an conomic aspect to itself. It was when, along with industrial development, mechanically copying intellectual products,works and achievements and economically benefitting from them became a possibility, that people became attracted towards it. Such situation caused the investment and expenditure for innovation and new, heavy and abundant industries, to expand.In Islamic studies, such new properties, which are known as nonphysical or intellectual property, have been less researched. In more exact terms, although some of these properties specifically and individually have been discussed and in Islamic jurisprudential system and with respect to them, religious opinions do exist, but such properties have not been studied systematically and collectively.The current article strives that, along with mentioning some important examples, make all of those a subject of study as intellectual property with an artificial nature as a product. In addition in order to specify its status in the system of property [or wealth], besides a deep study of its origin, the subject has been studied negatively and positively. Moreover,in order to closely understand such properties, it is necessary to have knowledge about their peculiarities. Presenting a clear definition of such properties, expressing their peculiarities and religious and legal rules with respect to them will have an important effect on expansion of their legal and economic functioning and interactions of economic-related individuals and institutes, specially financial and monetary.
Language:
Persian
Published:
Islamic Economy, Volume:10 Issue: 39, 2010
Page:
167
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