The present research, focuses on redefining the true nature of intellectual property right from the perspective of law and Islamic jurisprudence through examination of the concept and historical backgrounds of this form of right. During the first phase accepted concepts in this regard are explained and then we shall go through a concise history of the matter. Imam Khomeini is one of the noteworthy opposers of this form of right as he believed it to be a public and not exclusive right. The main reason to this approach is known as “The Rule of Attribution” or non-exclusiveness of resulting rights for the creator. On the other hand, others oppose this approach by resorting to a different aspect of the “The Rule of Attribution”, reasonability of intellectual property and “Theory of Labor”. This research, by using related legal and jurisprudential sources, analyzes different approaches to this matter and concludes the approaches that consider this right illegitimate are invalid and as a result, strengthens the contemporary legislation in betterment of the protection of this right.
Heydari Khorasani, M. J., & Khadem, M. (2026). The Nature of Intellectual Property Right from the Perspective of Jurisprudence. Insights of Intellectual Property Law in Islamic Countries, 2(1), 18-35. doi: 10.22091/diplic.2026.12052.1023
MLA
Mohammad Javad Heydari Khorasani; Morteza Khadem. "The Nature of Intellectual Property Right from the Perspective of Jurisprudence". Insights of Intellectual Property Law in Islamic Countries, 2, 1, 2026, 18-35. doi: 10.22091/diplic.2026.12052.1023
HARVARD
Heydari Khorasani, M. J., Khadem, M. (2026). 'The Nature of Intellectual Property Right from the Perspective of Jurisprudence', Insights of Intellectual Property Law in Islamic Countries, 2(1), pp. 18-35. doi: 10.22091/diplic.2026.12052.1023
VANCOUVER
Heydari Khorasani, M. J., Khadem, M. The Nature of Intellectual Property Right from the Perspective of Jurisprudence. Insights of Intellectual Property Law in Islamic Countries, 2026; 2(1): 18-35. doi: 10.22091/diplic.2026.12052.1023
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