Research and development in private law

Research and development in private law

A Reconsideration of the Validity of Intellectual Property Rights in Imami Jurisprudence: With an Emphasis on Iran’s Legislative Experience

Document Type : Original Article

Author
Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
The persistence of doubts regarding the legitimacy of intellectual property rights in Imami jurisprudence stemming from the fatwas of certain jurists and influencing legislators and judges in post-revolutionary Iran have not yet disappeared. While apart from primary rulings, it appears that secondary principles and governmental decrees can offer viable solutions. To explain this issue, this article is structured into two main sections. The first examines the significance and sensitivity of the issue, its background in Iranian law, and finally, explaining the dispute and the root of the disagreement. In the second section analyzes the arguments of both proponents and opponents, separating between primary rulings, secondary principles, and governmental directives. The findings suggest that recognizing intellectual property rights is not without religious solutions. The article emphasizes the "legislative experience in Iran" because, according to Article 4 of the Constitution, all laws and regulations in the country must be based on Islamic principles and there are no exceptions to this principle. Consequently, Iran’s current legal framework must either align with Imami jurisprudence or at least not contradict Sharia. This practical experience provides a foundation for more scholarly analysis. 

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