Overview

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.

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9781107182837

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Fairness in the construction and distribution of property rights matters. In this book Ezieddin Elmahjub develops an Islamic vision of a fair intellectual property system. It is a hugely important contribution to our understanding of Islamic views of the social good and justice. Peter Drahos, European University Institute, Florence

Author Information

Ezieddin Elmahjub is a Lecturer in the Law School at Swinburne University of Technology, Victoria and Visiting Research Fellow at both the Asian Law Institute and the Center for Asian Legal Studies, the National University of Singapore. His research interests include Islamic studies, comparative legal philosophy, and intellectual property.

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