Explain the nature and elements of property in intellectual phenomena

Document Type : Original Article

Authors

1 PhD Student in Islamic Jurisprudence and Fundamentals, Zahedan Branch of Islamic Azad University, Zahedan, Iran

2 Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Sistan and Baluchestan University, Zahedan, Iran

3 Assistant Professor, Department of Quranic and Hadith Sciences, Razavi University of Islamic Sciences, Khorasan Razavi, Iran.

Abstract

There are different views and possibilities about the thematic nature of the element of ownership in intellectual phenomena; One of these theories is the view of the immaterial object as a subject. This view is present in Kamnala law and is associated with problems and is not defensible in other legal systems, including the Islamic legal system. The accepted theory of this article is the validity of the issue of property in intellectual works and phenomena, despite all the necessary elements for the realization of property, such as comprehensiveness, exclusivity and permanence of property rights. The wise, according to the needs and necessities, and in terms of real affairs and the situation of the creator, have validated the issue of intellectual property independently of the rulings on it, in order to make its rules methodical while observing the rules and structure of the legal system. Henry The question remains whether economic law and moral law have two separate issues or do both categories of law have the same issue? In this study, by examining different perspectives, it was concluded that the element of property in intellectual works and phenomena have a single subject and the difference in rights will not be related to the difference in subject but due to the unity of subject, both types of rulings are not justifiable.

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