期刊名称：Journal of International Commercial Law and Technology
印刷版ISSN：1901-8401
出版年度：2009
卷号：4
期号：1
页码：71-74
语种：English
出版社：International Association of IT Lawyers
摘要：In this we seek to address the resemblance between Islamic rules and Western systems in terms of the criminal protection of IPRs. The significance of tackling this issue at this particular time is that there have been increasing calls in Western societies for the implementation of the rules of Share’a in their own Western territories. This article aims to situate this argument within the course of the criminal protection of IPRs, so as to prove that IPRs are one aspect of Share’a which does not conflict with the Western principles of protection. The main theme in this article is to establish that criminal protection of IPRs shall not result in severe physical punishments, but rather, would generate adequate protection to owners of intellectual creations. It shall be argued that intellectual theft could not be considered as a conventional theft which could result in the amputation of hand. Therefore, criminal protection in Islam could be accommodated with protection in Western societies, and shall not amount to what may be considered –from a Western point of view– to be severe physical punishment.
