عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Not being in the scope of Sharia which means not to identify a subject in religious texts and source of jurisprudence has no correlativity with illegality which means Sharia confliction.
Therefore, the scholars’ points of view who believe in intellectual property’s non-Sharia character may not be considered as a reason of these rights opposition to Sharia.
Validation in non-Sharia theory of intellectual property rights is imaginable in two ways: Contractual obligation and governmental mandates. While others have tried to give according to Sharia validity to this rights.
The opponents of legal validity of intellectual property rights have resorted to some arguments such as: deprivation of authority, exclusion of applicatory reasons, lack of rationality, the contradiction of ownership and thought natures. In return, supporters of legal validity of mentioned rights have rejected these arguments and cited the reasons such as: Benae- oghala (wise basing), applicatory of Jurisprudence rules such as La-Zarar (lack of harm), authority and the prohibition of other property’s seizure and hence considered these rights as a new examples. But it seems that both sides’ arguments are insufficient and need to validation solution in the case of non-Sharia.