Matin Research Journal

Matin Research Journal

Jurisprudential and Legal Foundations of Patent Rights in View of Imam Khomeini

Document Type : Original Article

Author
Abulfazl Nasrabadi
PhD (Jurisprudence and Private Law), Kharazmi University, Tehran, Iran
10.22034/matin.2023.156121.1305
Abstract
Protecting patent rights as principal example of industrial property rights and granting material and spiritual rights to the owner of the invention papers and the history of legislation of the issue in 1921, before ratification of such laws as Civil Code and Trade Law, indicate legal protection of patent rights. However, despite enactment of various domestic laws as well as many international conventions such as Paris Convention for Protection of Industrial Property (1883) and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) with Islamic Republic of Iran joining some of these conventions, jurisprudential and legal foundations of this right in terms of lack of history of the issue in Islamic Law, as well as novelty of this branch of law – that is among the newly emerged issues according to some jurists – have created different challenges and viewpoints which are sometimes contradictory. This paper first reviews opinions for and against this branch of law, and while readdressing Imam Khomeini’s opinion concerning the subject, analyzes some legal foundations of the issue.  
Keywords
Patent rights
industrial property
intellectual property rights
inventor
Paris Convention
TRIPS agreement

Subjects

  •  

    • Amid, Hassan .(1992) Dictionary of Persian language, Tehran:Amir Kabir Publishers, 1st Volume, 1st ( In Persian)
    • Ansari, Morteza. (1995) Faraid al-Asul (rescript), Al-Nashar al-Islami Institute, Qom, fifth edition, vol. 3. (In Arabic)
    • Ayati, Hamid. (1996) The rights of intellectual creations with an emphasis on the rights of literary and artistic creations, Hoghoghdan Publishing, 1st( In Persian)
    • Dorayni,F.(1997) The fees of authors,translators, artfuls and publishers in Islamic, by Mahmoud Reza Eftekhar Zadeh", 1. ( In Persian)
    • Emami, Nooreddin, (1992) "Intellectual property rights", The Shahid Mutahari University, Rahnomoon Journal, No. 2 and 3. ( In Persian)
    • Eshtiagh,Vahid.(1992) "The opinion of several jurists and great verses about intellectual property rights", The Shahid Mutahari University, Rahnamoon Journal, No. 2 and 3. ( In Persian)
    • Halimi, Imran. (2005) "Jurisprudential and legal foundations of intellectual property from the point of view of religions", Hikmat and Islamic philosophy (HIP), NO. 16. ( In Persian)
    • Hekmatnia, Mahmoud. (2007) Fundamentals of intellectual property, Research Institute for Islamic Culture and Thought Publication, 2nd ( In Persian)
    • Khedmatgozar, Mohsen. (2011) Philosophy of Intellectual Property, Mizan Publishing House, 2nd edition. ( In Persian)
    • Khomeini, Seyyed Ruhollah. (1997) "Ijtihad and Taqlid", The Institute for Compilation and Publication of Imam Khomeini’s Works, 1st edition. (In Arabic)
    • (2006) Tahrir al-Wasilah, The Institute for Compilation and Publication of Imam Khomeini’s Works, 1st edition. ( In Persian)
    • Mansour Abadi, Abbas & Riahi, Javad. (2012) "The Concepts of basic in Legal", Journal of Legal Research, No.22, pp: 9-24. ( In Persian)
    • Mazandarani, Mohammad Salih. (2009) Description of Usul al-kafi, Tehran: Islamia Publishing House, vol.1. ( In Persian)
    • Mir Hosseini, Seyyed Hassan. (2008) Patent Law, Mizan Publishing House, 1st  (In Persian)
    • Mohaghegh Damad, Seyyed Mostafa. (2001) The Rules of Jurisprudence, The Center for Islamic Sciences (CIS)", eighth edition, civil section, vol. 2. ( In Persian)
    • Mohammadi, Abolhassan. (1999) Fundamentals of Inferring Islamic Law, University of Tehran Press (UTP), 11th ( In Persian)
    • Moin, Mohammad. (1992) Moin Encyclopedic Dictionary (Farhang-e Mo'īn)", Amir Kabir Publishers, eighth edition, vol.1. ( In Persian)
    • Motahari, Ahmad. (1982) Tahrir al-Wasilah documentary, Masael al-Mustahdaseh, Qom: Head of Khayyam Khanate. ( In Persian)
    • Motahhari, Morteza (2012) Commentary on Islamic Economics, Sadra Publications, 10th edition. ( In Persian)
    • Mousavi Bojnordi, Seyyed Mohammad. (2009) Jurisprudential Principles, Majd publication, 2nd edition, vol.1. ( In Persian)
    • Mousavi Bojnordi, Seyyed Mohammad. (2014) "Legitimacy of intellectual property",  Arman Emroz Newspaper, No.2505, date: 2014/6/29. ( In Persian)
    • Mousavi Bojnordi, Seyyed Mohammad. (1994) "An overview of intellectual property rights", Hamshahri Newspaper, No.595. ( In Persian)
    • Rahimi, Morteza & Soltani, Abbas Ali. (2006) "Jurisprudential foundations of intellectual property rights in Shia jurisprudence", Journal of Islamic Studies, No.73,PP:132-172.
    • Sadeghi Neshat, Amir. (1997) Protecting the rights of computer software creators, Supreme Council of Cyberspace (Iran), Program and Budget Research (PBR) Publication. ( In Persian)
    • Sadeghi, Mohsen. (2002) "The rights of computer software creators with an emphasis on the law protecting the rights of computer software creators approved in 2000", Legal Perspectives Quarterly, Faculty of Judicial Sciences and Administrative Services, No. 26 ( In Persian)
    • Soroush, Abdolkarim. (1999) The Expansion of Prophetic Experience, Sarat Cultural Institute Publication, 2nd ( In Persian)
    • The office of Ayatollah Makarem Shirazi, Esteftat.