Thursday 18 Ramadan 1445 - 28 March 2024
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Intellectual property rights

Question

What do the Muslim fuqaha’ say about intellectual property rights such as trade names, trademarks, copyright and patents?

Answer

Praise be to Allah.

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