Michael D. Moberly January 19, 2015 ‘A blog where attention span really matters’!
It’s easy to find law firms with operational familiarity with G8 intellectual property laws, but, quite challenging to find firms’, particularly within the U.S., with IP practices that are attaching – sensing much urgency for acquiring a comparable level of (in-house) expertise with respect to Islamic (and Sharia) IP law. The underlying rationale for such initiatives lie in…
- numerous geo-strategic and historical indicators that suggest that’s precisely what horizonal thinking-looking IP practices should be doing.
- IP (and other forms of intangible asset) law inevitable requisites to enhancing – expanding IP practice space.
- 80+% of most company’s value, sources of revenue, and ‘building blocks’ for growth, profitability, and sustainability globally lie in – directly emerge from intangible assets such as IP.
Collectively, these realities make it prudent for law firms’ to achieve business operational familiarity with non-western IP.
In other words, IP and other forms of intangible assets are now routinely – consistently in play, i.e., tactically and strategically integral to negotiation and outcomes of business development, operation, growth, profitability, sustainability, and most transactions.
Fortunately, there are a few academic papers that describe the foundational intricacies of Islamic IP and Sharia influence. A particularly useful paper which I frequently reference is authored by Silvia Beltrametti, titled ‘The Legality of Intellectual Property Rights Under Islamic Law’. religious
While I am confident Beltrametti paper was not intended as an instrument to sort out conventions of Islamic, western, and Asian IP (intangible asset) law for inevitable convergence, her work does provides countless definitions, explanations, and otherwise extraordinary useful insights,
Among other important aspects Dr. Beltrametti conveys is that Islamic IP rights are in their earliest stages of promulgation and/or regulation. A crucial question which I wonder is whether political turmoil and vitriolic rhetoric will subside at some point whereby the devout principles underlying Islamic (Sharia) law, particularly IP and other forms of intangible assets, can reach a point of intellectual, operational, and respectful convergence.
Some significant challenges are embedded in Sharia law’s primary sources; the Qur’an, the Sunna, Ijma and Qiya which are often applied synonymously with Islamic law as a whole.
Still, what I and I suspect many readers would agree, there are substantial challenges that will require time, trust, and commitment to resolve, assuming of course, there will, at some point be the political will, perhaps born out of mutual economic necessities, for the firmly embedded historical and spiritual perspectives to…
- ameliorate the dominance of Western IP law
- respectfully encompass Islamic perspectives of intellectual property rights, and
- incorporate its interpretive flexibility and adaptability..
Conceivably, either could be respectfully applied to reflect global realities such as the economic fact that 80+% of most company’s value, sources of revenue, and ‘building blocks’ for growth, profitability, competitiveness, and sustainability today reside in or emerge directly from intangible and IP-based assets.
As always readers comments are most welcome.