What do the Muslim fuqaha’ say about intellectual property rights such as trade names, trademarks, copyright and patents?
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25,42611/08/2001
Intellectual property rights
Question: 21899
Answer
Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.
Firstly:
Trade names, trademarks, copyright and patents are all rights which belong exclusively to their owners. In modern times they have come to have a considerable financial value. These rights are recognized according to sharee’ah, and they should not be violated.
Secondly:
It is permissible to buy or sell a trade name or a trademark, and to transfer any of them in return for monetary compensation, so long as there is no cheating or deception.
Thirdly:
Copyright and patents are protected by sharee’ah. Their owners have the right to buy or sell them and nobody has the right to violate these rights. And Allaah knows best.
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Source:
Qaraar Majlis al-Fiqh al-Islami al-Khaamis, 1409 AH
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