FEASIBILITY OF ENDOWING INTELLECTUAL RIGHTS

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VALIZADEH MUHAMMAD JAVAD; SOLTANI ABBAS ALI

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Journal: Islamic jurisprudence Resaerch Year:2015 | Volume:10 | Issue:4 Page(s): 731-758

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Information Journal Paper

Title

FEASIBILITY OF ENDOWING INTELLECTUAL RIGHTS

Author(s)

VALIZADEH MUHAMMAD JAVAD | SOLTANI ABBAS ALI | Issue Writer Certificate

Keywords

INTELLECTUAL RIGHTSQ3

ENDOWMENTQ2

ENDOWMENT TERMSQ2

EMERGING ISSUESQ2

NOMINATE AND INNOMINATE CONTRACTSQ2

Abstract

Endowment is one of the important social commands in Islam. Some of the terms of its accuracy are endower's lawful ownership of the endowed object, the existence of an object to be endowed, the capability of the endowed object to be delivered, and the eternal nature of the endowed object. On this basis, there have been disputes on the possibility of endowing INTELLECTUAL RIGHTS. This library research project - which has been carried out by collecting and studying the opinions of researchers - has reviewed the process of induction and extraction of the terms in ENDOWMENT contract, has discussed the existential and ideal philosophy of the disputed terms, and finally, has come to prove the accuracy of endowing the INTELLECTUAL RIGHTS. This conclusion has been based on some premises. First, intellectual right is an eligible right based on religious and conventional ownership. Second, the condition of existence of an object to be endowed means having a real "existence" with the capability of being used. The philosophy underlying this mentioning is to exclude the false instances of ENDOWMENT, i.e. benefits and liabilities. Third, regarding the delivery condition, it should be noted that the form and method of delivery is related to the different endowed objects. Bearing this mind, it can be said that the delivery condition denotes the delivery of the ownership to the receiver of the ENDOWMENT who enjoy its benefits, rather than physical or non- physical delivery of the endowed object. Fourth, the confirmation condition denotes the eternality of the essence of ENDOWMENT contract of an eternally endowed object, and also unacceptability of endower's later claim to the endowed object. This eternality condition is not breached if the conventional sustainability is met, that is, if the essence of the endowed object is not vanished in the process of using.

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APA: Copy

VALIZADEH, MUHAMMAD JAVAD, & SOLTANI, ABBAS ALI. (2015). FEASIBILITY OF ENDOWING INTELLECTUAL RIGHTS. ISLAMIC JURISPRUDENCE RESEARCH, 10(4), 731-758. SID. https://sid.ir/paper/220937/en

Vancouver: Copy

VALIZADEH MUHAMMAD JAVAD, SOLTANI ABBAS ALI. FEASIBILITY OF ENDOWING INTELLECTUAL RIGHTS. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2015;10(4):731-758. Available from: https://sid.ir/paper/220937/en

IEEE: Copy

MUHAMMAD JAVAD VALIZADEH, and ABBAS ALI SOLTANI, “FEASIBILITY OF ENDOWING INTELLECTUAL RIGHTS,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 10, no. 4, pp. 731–758, 2015, [Online]. Available: https://sid.ir/paper/220937/en

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