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An Islamic Vision of Intellectual Property

Theory and Practice

By (author) Ezieddin Elmahjub
Format: Paperback / softback
Publisher: Cambridge University Press, Cambridge, United Kingdom
Published: 21st Feb 2019
Dimensions: w 152mm h 228mm d 12mm
Weight: 330g
ISBN-10: 1316632695
ISBN-13: 9781316632697
Barcode No: 9781316632697
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Synopsis
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.

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'Fairness in the construction and distribution of property rights matters. In this book Ezieddin Elmahjub develops an Islamic vision of a fair intellectual property system. It is a hugely important contribution to our understanding of Islamic views of the social good and justice.' Peter Drahos, European University Institute, Florence 'This is a great book, and a much-needed addition to our theoretical understanding of intellectual property. Dr Elmahjub shows us how Islamic law and philosophy can inform and enrich our knowledge of IP as a force for good in the modern world. His work will be an important foundation for future scholars of comparative IP, legal systems, and social theory. A wonderful achievement.' Dan Hunter, Foundation Dean, Swinburne Law School, Australia