The Rights of Innovation during Man’s life and Demise.

Abstract

Innovation owns various rights, where the Muslim Jurists and the law jurists set forth in details and divided such various rights into several divisions under different names, which in the end revert to be three types and they are: Copyright, Patent right (industrial innovations), Trade name and Trademark. Copyright, is considered in Islamic Law as a financial right, cannot be substituted by compensation, and should not one infringe upon such right or to dispose without the approval and authorization granted by the owner. Invention is as authorship, both are mental creativity, and can be measured on the base of (absolute interests and benefit) as the interest here; is that to establish the protection of such right to encourage invention and creativity, so the one who exerts efforts in such issues shall only be the one who will invest and be accordingly benefited therefore. Meantime, the invention will be protected from the one who is trying to take over such and grab the advantages of the innovation, and compete in exploiting it.  Also the patent and copyrights are awarded the same judgments, since both are mental creativity.

As for the trade name, title and the trademark, they are considered a intellectual properties which should be referred to the owners only, and should be deemed to have financial value in the contemporary customs and norms. These rights are significantly legal, should not be violated, the respective owners have the right to dispose of the trade or title name  and can sell or cause assignment to the favor of other parties and so on. Thus, the rights of innovation (financial and moral rights) including copyrights are financial rights, liable to be inherited by the legitimate successors, unless otherwise be willed, therefore the heritage will  go to the party as stated in the will, that is to show respect to the deceased owner desire, without specifying a certain period.