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Look Inside An Islamic Vision of Intellectual Property

An Islamic Vision of Intellectual Property
Theory and Practice

$125.00 (P)

  • Date Published: April 2019
  • availability: In stock
  • format: Hardback
  • isbn: 9781107182837

$ 125.00 (P)
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About the Authors
  • 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.

    • Proposes a new comparative theory of intellectual property (IP) that will attract the attention of readers who are uncomfortable with a singular Western vision of IP
    • Demonstrates how the Islamic vision of IP is fundamentally anchored in social justice and overlaps with comparative Western theories of social justice
    • Provides enormous support to the human development framework of IP, which will appeal to those critical of IP expansion and concerned about IP's impact on human development measures
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    Reviews & endorsements

    ‘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

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    Product details

    • Date Published: April 2019
    • format: Hardback
    • isbn: 9781107182837
    • length: 214 pages
    • dimensions: 234 x 157 x 16 mm
    • weight: 0.44kg
    • availability: In stock
  • Table of Contents

    1. An Islamic Vision of IP
    2. The structure of Islamic doctrine and the search for the social good
    3. Justifying IP under Islamic doctrine
    4. Social good in Islamic doctrine and IP in practice
    5. IP and the Islamic principles of justice
    6. Islamic vision on IP and the distribution of intangible resources
    7. Fair IP landscape.

  • Author

    Ezieddin Elmahjub, Swinburne University of Technology, Victoria
    Ezieddin Elmahjub is a Lecturer in the Law School at Swinburne University of Technology, Victoria and Visiting Research Fellow at both the Asian Law Institute and the Center for Asian Legal Studies, the National University of Singapore. His research interests include Islamic studies, comparative legal philosophy, and intellectual property.

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