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Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

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An Islamic Vision of Intellectual Property


ISBN13: 9781316632697
To be Published: March 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £29.99



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 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 human development framework of IP, which will appeal to those critical of IP expansion and concerned about IP's impact on human development measures

Subjects:
Intellectual Property Law, Islamic Law
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.