Document Type : Paper

Authors

• Mohammad Reza Pourebrahami ¹
• Sayyed Mohammad Hassan Malihi ²
• Reza Yarmohammadi ³

¹ Assistant Professor at Tehran University, Tehran, Iran

² Ph.D. Student of International Finance, Islamic Azad University, Tehran Branch, Tehran

³ Ph.D. Student of Financial Management, Faculty of Islamic Sciences and Management, Imam Sadiq University, Tehran, Iran

Abstract

Intellectual achievements and social credits such as inventions, trademarks, etc., though being difficult to obtain, can easily be imitated and reproduced and distributed with the help of mechanical and industrial equipment .The result of this situation is that the material and economic benefits of intellectual property are extended to reproducers and if the originator is not supported, it will be highly improbable for anybody to give up his work to others. To counteract this, we must find a way that scholars and producers of intellectual property also benefit from their assets. To form an organized market which could support and transfer the intellectual property, it is necessary to provide related contracts for these assets. Since the law governing the Islamic Republic of Iran is based on Shia viewpoint, first it is necessary to review the ideas of Shia scholars about the legitimacy of these assets and then extract juridical solutions and adapt them with the capital market. The question of this study is about the religious decrees concerning intellectual property and the kind of contracts governing its transference. The research method has been descriptive/ analytical and the results show that we can, in the form of contracts such as gift against gift or lease agreement, transfer intellectual property and form an organized market for it.

Keywords

• Intellectual Property
• Intellectual Property Markets
• Islamic contracts
• capital market

20.1001.1.22518290.1397.7.2.2.8