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Can S hari'a be a Deterrent for Intellectual Property Piracy in I slamic Countries?
Author(s) -
ElBialy Nora,
Gouda Moamen
Publication year - 2011
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/j.1747-1796.2011.00428.x
Subject(s) - intellectual property , enforcement , obedience , test (biology) , order (exchange) , political science , law , business , law and economics , economics , biology , paleontology , finance
This study examines the stance of I slamic legal traditions ( S hari'a) towards intellectual property ( IP ) piracy. Although M uslims may differ on what S hari'a dictates, most of them view S hari'a as G od's law and as a main ingredient of I slamic belief system. Since piracy rates in I slamic countries are considerably high in light of existing formal IPR laws, it becomes essential to test if S hari'a has any relation with such phenomenon. Our hypothesis is that, although M uslim countries have formal institutions or laws that protect intellectual property rights ( IPR ), little attention is given to informal institutions, or human morals, regarding IPR piracy, which negatively affects the enforcement level of IPR laws in these countries. M uslims may not be convinced that IPR violations, although illegal, are unethical or forbidden by I slamic S hari'a. In order to test the level of adherence of M uslims to S hari'a to support our hypothesis, we develop a “religious loyalty” index ( RLI ). Comparing adherence of followers of different religions with those of I slam, M uslim countries have the highest religiosity level, positively affecting obedience level to S hari'a. Consequently, an investigation of how S hari'a views IPR piracy is conducted. As I slam generally prohibits IPR piracy, the study concludes by offering a set of policy recommendations that can effectively help in minimizing IPR piracy in M uslim countries.

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