The Concept of Intellectual Property in the Middle East (Saudi Arabia) and the Sharia Law

The Concept of Intellectual Property in the Middle East (Saudi Arabia) and the Sharia Law
Author: Nadiia Kudriashova
Publisher: GRIN Verlag
Total Pages: 16
Release: 2019-09-25
Genre: Law
ISBN: 3346022013

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Scientific Study from the year 2018 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: MA, Columbia International University, language: English, abstract: At present, a key factor in the development of the economy is intellectual resources - knowledge and information. The competitiveness of the country in the world markets of science-intensive and high-tech products largely depends on the effective use of intellectual property. As it is shown by the progressive experience of various countries, namely, this increases the productivity of economic activity, ensuring the dynamic development of the economy. In recent decades, the governments of many countries of the world have been paying close attention to the effective implementation of intellectual property, constantly improving its legislative regulation. In the context of continuous technological progress, leading companies in developed countries are constantly restructuring their assets, including intangible, to strengthen control in the markets of high technology products.

Intellectual Property Law in Saudi Arabia

Intellectual Property Law in Saudi Arabia
Author: Mohammed El Said
Publisher: Kluwer Law International B.V.
Total Pages: 206
Release: 2018-08-03
Genre: Law
ISBN: 9403502215

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Intellectual Property Law in Saudi Arabia. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Intellectual Property Law in Saudi Arabia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Intellectual Property Laws of the Arab Countries

Intellectual Property Laws of the Arab Countries
Author: Tala Abu-Ghazaleh
Publisher: BRILL
Total Pages: 1042
Release: 2021-11-29
Genre: Law
ISBN: 9004502963

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This first-time-ever compilation on the protection and enforcement of intellectual property rights reveals that the Arab countries of the Middle East and North Africa meet international standards in the legal protection of copyrights, patents, trademarks, and integrated circuit design. For each of seventeen Arab countries (plus Palestine and the Gulf Cooperation Council), Intellectual Property Laws of the Arab Countries gives transnational businesses and their counsel complete details in such areas of practice as the following: eligibility for protection; registration and renewal procedures; dispute resolution; succesion of rights; enforcement of penalties for infringement; and administrative and judicial remedies.

Islamic Legal Principles and Intellectual Property Rights in the Gulf States

Islamic Legal Principles and Intellectual Property Rights in the Gulf States
Author: Nadia Naim
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN: 9783959941624

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The book focuses on the relationship between Islamic law and intellectual property law and proposes groundbreaking alternatives to better support the growth of intellectual property in line with the Islamic moral economy. The author provides an overview of the development of intellectual property under Shariah principles in the Gulf States. She focuses on how the US and the EU have shaped the intellectual property regimes in the Gulf States, the WTO and WIPO in the pre-TRIPS era, and compliance with the minimum standards of the TRIPS Agreement. In addition, the impact of the TRIPS Plus standards and investorstate dispute settlement, as well as the implications for Gulf states of committing to further international investor agreements are examined. Innovative recommendations for an integrated approach to intellectual property law that incorporates the principles of Islamic commercial and financial law will be of interest to both academics and practitioners within and outside the region.

The Development of Intellectual Property Regimes in the Arabian Gulf States

The Development of Intellectual Property Regimes in the Arabian Gulf States
Author: David Price
Publisher: Routledge
Total Pages: 419
Release: 2009-04-24
Genre: Business & Economics
ISBN: 1134024959

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This book examines the development of national legislative regimes for the protection of intellectual property rights in the Arabian Gulf states: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen. David Price analyses IP rights in these states in the context of WTO membership, and consequent compliance with the requirements of the WTO’s TRIPS Agreement. The challenges of domestic enforcement of the states’ IP laws receive critical attention. A particular focus of the book is on foreign forces which have shaped or influenced the character of the states’ IP protection regimes. It includes commentary on the contribution of foreign states, the WTO and WIPO in the pre-TRIPS and TRIPS compliance stages, and the US bilateral trade strategy for pursuing IP protection standards that exceed those enshrined in TRIPS, and the impact of these forces upon the states’ enforcement performance. The role of the Office of the United States Trade Representative (USTR) and the Special 301 provisions as a powerful tool in the US’ bilateral strategy receives particular attention. The intellectual property laws of these states have been developed virtually in the span of a single generation, and the process of change is continuing. As such, this book will interest practitioners both in and outside of the region, and those with an interest in intellectual property law, comparative law, Middle East legal systems and affairs, and international trade.

The Emergence and Development of Intellectual Property Law in the Middle East

The Emergence and Development of Intellectual Property Law in the Middle East
Author: Michael Birnhack
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

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The Eurocentric term 'Middle East' captures the historical sources and the emergence of Intellectual Property (IP) in this region. The initial European (British and French, replacing the Ottoman Empire) influence had a long lasting effect, and its laws, sometimes reformulated into local laws, are still in force in large parts of the region. In the mid-1990s the European dominance was taken over by newer winds of globalization. The global replaced the colonial, with new demands. Both the colonial IP and the globalized IP legal frameworks were mostly indifferent to local needs, and imposed a 'one size fits all' approach, allowing a rather narrow leeway for the local interests. Thus, Middle Eastern IP law is a case of western legal transplants, which by now have been absorbed within the recipient local legal systems. However, the insertion of a law from one jurisdiction into another is a process rather than a one-time event, and in the course of its assimilation, the transplanted law itself changes. This Chapter explores the emergence and development of IP law in the Middle East as a case of a western legal transplant.Politics, economics and culture have invariably affected the practice of the law. Instead of a rather technocratic doctrinal approach that compares the law in a given country to the international standards and asks about 'compliance', we advocate a richer evaluation of a country's IP regime. In assessing IP laws against global standards, one should inquire whether the law emerged from within this country, or was imposed upon it. In the latter case, the assessment should contextualize IP within the larger legal framework, along with constitutional law (especially freedom of expression), contract and property law, antitrust, tax and corporate law, as well as principles of unjust enrichment, good faith and the like. The assessment should take into consideration the political economy, local and global politics, and the country's unique cultural needs.We focus on several countries, each illustrating a different mix of legal, economic, political, and cultural factors. We discuss Egypt, Israel and the Palestinian Authority, Jordan, Saudi Arabia and the United Arab Emirates (UAE). We focus on the three main branches of IP laws: copyright, patents, and trademarks.

Intellectual Property Rights

Intellectual Property Rights
Author: David Price
Publisher:
Total Pages: 0
Release: 2017
Genre: Copyright
ISBN: 9783959940108

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This volume includes a range of topics addressing aspects of the current status of intellectual property (IP) protection regimes in the Gulf Cooperation Council and its individual member states, and aspiring GCC members Jordan and Yemen. It examines the opportunities and challenges facing the GCC in becoming a real union with common, or at least harmonized, IP laws and regulations, while still allowing flexibility for domestic imperatives and interests. IP is a crucial part of commercial and trade activity which the GCC needs to address as a union to maximize outcomes and benefits for the GCC members collectively and individually. Contributions represent a broad-based and truly international interest in Gulf IP, with authors from Australia, Bahrain, China, Egypt, Indonesia, Jordan, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. The volume provides a catalyst for further deliberation and debate on these above issues and other Gulf-related IP issues, as well as a worthy contribution to the expansion of Gulf studies in the broader context.

Protecting Intellectual Property in the Arabian Peninsula

Protecting Intellectual Property in the Arabian Peninsula
Author: David Price
Publisher: Routledge
Total Pages: 271
Release: 2017-09-13
Genre: Business & Economics
ISBN: 1315452952

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This work examines the endeavours of the Arabian Peninsula States – namely the Gulf Cooperation Council member States of Bahrain, Kuwait, Oman, Qatar Saudi Arabia and the UAE, as well as Jordan and Yemen as prospective GCC members – in establishing national intellectual property protection regimes which both meet their international treaty obligations and are also congruent with their domestic policy objectives. It uses the WTO’s TRIPS Agreement of 1995 as the universal benchmark against which the region’s laws are assessed. The challenges faced by the States in enforcing their intellectual property laws receive particular attention. Protecting Intellectual Property in the Arabian Peninsula considers the changing nature of the States’ intellectual property laws since 1995. It argues that the decade immediately following the TRIPS Agreement was marked by a period of foreign forces shaping or influencing the character of the States’ intellectual property legislative regimes, primarily through multilateral or bilateral trade-based agreements. The second and current decade, however, see a significant shift away from foreign influences and a move towards domestic and regional imperatives and initiatives taking over. The work also examines regional initiatives for the protection of traditional knowledge and cultural heritage, as areas of intellectual property which fall outside the parameters of the TRIPS Agreement, but which are of significant concern to the States and other developing countries, and to which they are giving increasing attention in terms of providing proper protection.

International Law and Muslim States

International Law and Muslim States
Author: Dawood Adesola Hamzah
Publisher: Routledge
Total Pages: 313
Release: 2021-08-12
Genre: Law
ISBN: 100042474X

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This book analyses the general interaction between international law and Islamic law in the Muslim world today. It interrogates factors that often form the root of the tension between the two legal regimes. Literalist interpretations of Islamic law and the modern international law's disposition that does not give due consideration to differences among cultures and civilizations are some of these factors. This work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur’an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism, and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations, is faced with the imperative of adopting a liberal approach to interpretation of Islamic law, with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-à-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic law, international and comparative law, human rights law, and law and religion.