Islamic legal principles and intellectual property rights in the Gulf States / Nadia Naim.

Format:

Book

Author/Creator:

Naim, Nadia, author.

Series:

Middle Eastern & Islamic studies at Gerlach Press.

Middle Eastern & Islamic studies at Gerlach Press

Language:

English

Subjects (All):

Intellectual property (Islamic law)--Persian Gulf States.

Intellectual property (Islamic law).

Physical Description:

1 online resource (viii, 194 pages) : digital, PDF file(s).

Edition:

First edition.

Place of Publication:

Berlin : Gerlach Press, 2023.

Summary:

The book focuses on the relationship between Islamic law and intellectual property law and proposes groundbreaking alternatives to better support the growth of intellectual property in line with the Islamic moral economy.<br><br>The author provides an overview of the development of intellectual property under Shariah principles in the Gulf States. She focuses on how the US and the EU have shaped the intellectual property regimes in the Gulf States, the WTO and WIPO in the pre-TRIPS era, and compliance with the minimum standards of the TRIPS Agreement.<br><br>In addition, the impact of the TRIPS Plus standards and investorstate dispute settlement, as well as the implications for Gulf states of committing to further international investor agreements are examined.<br><br>Innovative recommendations for an integrated approach to intellectual property law that incorporates the principles of Islamic commercial and financial law will be of interest to both academics and practitioners within and outside the region.

Contents:

Intro

Half Title

Series Page

Title Page

Copyright

Contents

Abstract

1 Introduction to the Examination of the Intellectual Property Regimes in the GCC States

1 Introduction

2 Purpose of Monograph

3 Research Questions

4 Research Objectives

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

5 Research Process

6 Proposed Methodology

7 Grounded Theory Methodology

8 Islamic Law Sources

The Quran

Sahih International

Muhsin Khan

Pickthall

Yusuf Ali

Shakir

Dr. Ghali

9 The Sunnah

10 Western Methodology Considerations

Social Constructionism

11 Discourse Analysis

12 Data Collection

13 Legislation

14 GCC Case Law

15 Intellectual Property Resources

16 Islamic Finance Methodology

17 Islamic Finance Resources

18 Conclusion

2 Background to the GCC States

2 The GCC Charter

3 Background to the GCC and International Relations

Table 1: Gulf States and Ratified International Treaties

4 The GCC as a Collection of Rentier States

Table 2: Impact of Sharia on GCC Constitutions

5 Development of Intellectual Property Laws

6 Saudi Arabia

7 Oman

8 Bahrain

9 Qatar

10 The United Arab Emirates

11 Kuwait

12 Conclusion to the Background of the GCC States

3 The Development of Intellectual Property under Sharia Law Principles in the GCC States

2 Overview of Sharia Law Principles

3 Primary Sources of Sharia Law

4 Overview of Secondary Sources of Sharia Law

Ijma as a Secondary Source of Sharia Law

Qiyas as a Secondary Source of Sharia Law

5 Criticism of Secondary Sources of Sharia Law

6 Conduct under Sharia Law

Table 3: The Five Types of Conduct under Sharia

7 Classifying Intellectual Property Law

No Quranic Reference for Intellectual Property Law.

Inferential Reasoning for Intellectual Property Law

8 The Use of Proprietary Rights to Justify Intellectual Property Law

John Locke on Property as a Natural Right

The Sunnah on Property as a Natural Right

Quranic Proprietary Rights to Justify Intellectual Property Law

Quranic Reform on Property Law

Linking Theft of Property to Intellectual Property Infringement

Sharia Principles on Mutual Consent

Defining Intellectual Property Infringement

9 Sharia Sources on Contract Law

10 Sharia Sources on International Transactions

11 Sharia Sources on Public Interest

12 Sharia Sources on Economic Gain

13 Previous Work on Sharia and Intellectual Property Law

14 Sharia and Intellectual Property

15 The Religion Loyalty Index

16 Conclusion

4 A Foundation of Mutual Understanding: The United States and the EU's Stance on IP Protection

2 Background to the US Intellectual Property Law

3 The US and International Intellectual Property Law

International Agreements

4 The US Approach to Intellectual Property

5 The US and International Agreements

The US and TRIPS Standards

The US and Bilateral Agreements

6 The US and the GCC

7 The EU on Intellectual Property Law

8 The European Union's Intellectual Property Systems

9 The EU and the GCC

10 Conclusion

5 Sharia and TRIPS, the Rocky Road from Pre TRIPS to TRIPS Plus in the GCC

2 The Berne and Paris Convention

3 The GCC at the Pre-TRIPS Stage

4 Impact of the Internet Age and Globalisation

5 The GCC at the TRIPS Compliance Stage

6 Saudi Arabia's Intellectual Property Development

Saudi Arabia's Copyright Law

Saudi Arabia's Patent Law

Border Measures in Line with TRIPS

Saudi Arabia Headed Back to the US Special 301 Watch List

7 UAE's Intellectual Property Development.

8 Qatar's Intellectual Property Development

9 Economic View on International Intellectual Property

10 What Does TRIPS Plus Really Mean?

11 TRIPS Plus and the GCC

12 Not a Level Playing Field - Developed Countries versus the GCC

13 Customs Law in the GCC

14 The Role of Sharia in Intellectual Property Development

15 Conclusion

6 The International Trojan Horse: TRIPS Plus and Investor to State Dispute Settlements. Spill Over

2 Research Objectives

3 Justifications of Intellectual Property Rights

Justifications for Copyright Protection

Justifications for Design Rights

Justifications for Patent Protection

Justifications for Trademark Law

Justifications for Confidential Information Law

4 TRIPS to TRIPS Plus - a Higher Level of Compliance

5 The TRIPS Plus Increased Enforcement Criteria

6 Intellectual Property and the GCC

7 Impact of ISDS on Intellectual Property Rights in the GCC

8 Lessons to Be Learnt from Eli Lilly v Canada

9 Is ISDS Sharia Compliant?

10 The Trojan Horse - Corporate Sovereignty Impact on the GCC

11 Conclusion

7 Islamic Finance as a Vehicle to Promote Improved Intellectual Property Rights in the GCC

2 The Research Objectives

3 Background to Islamic Finance

4 Founding Principles of Islamic Finance

5 Islamic Finance Products

Musharaka - Profit and Loss Sharing of Capital

Mudaraba - Profit Loss Sharing of Trade and Capital

Murabaha - Contract of Sale

Sukuk - Islamic Bond

Takaful - Islamic Insurance

Other Types of Islamic Finance Products

6 Islamic Finance Scholars and Sharia Boards

7 Main Criticisms of Sharia Boards

8 Sharia Board Governance in Bahrain

9 Sharia Board Governance in Saudi Arabia

10 Sharia Board Governance in the UAE

11 Sharia Board Governance in Kuwait.

12 Sharia Board Governance in Oman

13 Sharia Board Governance in Qatar

14 International Standard Setting in Islamic Finance

15 The Role of Islamic Finance in Intellectual Property

16 Islamic Finance as a Vehicle to Drive Intellectual Property in the GCC

17 Intellectual Property-Based Sharia Boards

18 Strengthening the Intellectual Property Market Structure

19 Improving Compliance in Terms of Systems and Controls

20 Addressing Issues Around the Efficiency of Supervisory Procedures

21 Greater Public Confidence in the Intellectual Property Sector

22 Conclusion

8 Recommendations to Develop an Integrated Approach to Intellectual Property

2 The Research Questions

3 First Area of Recommendations: Embedding Sharia Principles to Intellectual Property Law

Embedding Sharia Principles of Property Law

Embedding Sharia Principles of Contract Law

Embedding Sharia Principles of Ijaza

Embedding Sharia Principles of Public Interest

4 Second Area of Recommendations: Proposals for the GCC and Each Individual GCC State

Assessing the Capacity of the GCC States to Increase Intellectual Property Rights Protection

The Current Intellectual Property Structures in the GCC

5 Improving Intellectual Property Rights Development

Improving Intellectual Property Rights Development in Saudi Arabia

Improving Intellectual Property Rights Development in Bahrain

Improving Intellectual Property Rights Development in the UAE

Improving Intellectual Property Rights Development in Qatar

Improving Intellectual Property Rights Development in Oman

Improving Intellectual Property Rights Development in Kuwait

6 Third Area of Recommendations: Assess the Impact of Islamic Law, the US a. the EU, TRIPS Standards

Improved Intellectual Property Protection in the GCC through Islamic Law.

7 Intellectual Property and Islamic Law

8 The Islamic Law-Based Approach to an Integrated Intellectual Property Model

9 The US and the EU on International Intellectual Property Rights Protection

10 Impact of International Trade on the GCC

11 Impact of TRIPS Plus on the GCC

12 Islamic Finance as a Catalyst for a Modified Intellectual Property Rights Approach

13 Further Research

Notes

Chapter 1

Chapter 2

Chapter 8.

Notes:

Title from publisher's bibliographic system (viewed on 12 Sep 2025).

Includes bibliographical references.

Other Format:

Print version: Naim, Nadia Islamic Legal Principles and Intellectual Property Rights in the Gulf States

ISBN:

9783959941631

OCLC:

1381096105