Abstract
The Muslim world is lagging behind in the theoretical conviction about the legality or illegality of Intellectual Property Rights and is, thus, failing to contribute to the growing developments in the field and their corresponding underlying concepts. Today, in the developed world, IP has gained increased protection with advances in technology and international trade. To protect the violation of IPRs, most countries of the world signed the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in 1994, administered by the World Trade Organization (WTO). The Islamic world continues to be part of this illegal activity with some claiming that‛ such rights are un-Islamic‛, this study aims to answer this question in the light of the ruling issued by the Federal Shariat court. The Federal Shariat Court invited comments of the public about the Trademarks Act, 1940 and twenty-two other Acts. The Ulema did not respond to the notice, therefore, the Court proceeded to examine the law on its own. This study aims to analyze the recommendations made by the Federal Shariat Court in this regard. It is imperative that Muslims internalize concepts of IP so that they can participate in and carve out a share in this enormous source of wealth. The major aim of this study is to highlight for the Muslim scholars, scientists and intellectuals, the current state of analysis by the FSC for validating intellectual property rights.
Samia Maqbool Niazi. (2020) The Federal Shariat Court and Intellectual Property Rights, AFKĀR (Journal of Islamic & Religious Studies) , Volume 4, Issue 2.
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