Shari'a On Intellectual Property In Arab Countries - Economic Analysis

The laws in Arab countries are primarily derived from the Islamic Shari'a. For instance, Article 7 of the UAE Constitution states,Islamic Shari'a shall be the main source of legislation in the Union.Historically, disputes aboutIPR in Arab countries have been governed by Shari'a law. The plausible reason for this can be attributed to the wide scope of Islamic law which can be inferred to be inclusive of IPR.

The right to trademark protection has been interpreted by analogy as a private property right based on prior usage, which is governed by Islamic property laws. In general, Islamic property laws provide protection for personal property and are supportive of freedom of usage and free competition. Undermining such rights, say, by the unauthorized use of a trademark, constitutes damaging conduct for which the offender must make amends or reparation.