حماية رأس المال الفكري في الشريعه الاسلاميه وانعكاساتها الاقتصاديه

This research aims to explain the importance of intellectual capital in contemporary life, after the amazing progress in the tools of civilization and means of production, the jurisprudential issues related to intellectual, literary and industrial rights have become the core of the work of jurists outside the legal and intellectual productive work. The research is a field study of jurisprudence. To demonstrate the impact of the jurisprudential rooting of intellectual capital and authorship rights in moving the cycle of civilization, at least in its Islamic dimension, the modern dimensions of intellectual capital have been explained, according to a scientific, analytical and historical approach; For the contribution of the jurists in showing the magnitude of the intellectual importance, then, are civil and human rights that must be preserved. The researcher tried to explore the size of the legislative cover; To protect the author's rights and the patent in the books of jurists, as well as she tried to demonstrate the importance of intellectual capital in direct work by conducting a questionnaire between managers and workers of joint stock companies in the city of Rusafa in Baghdad; To identify the effect of protecting intellectual capital in creating a competitive advantage as one of the manifestations of the economic impact of intellectual capital. Then the researcher conducted a field study of the joint stock companies in the eastern side of Baghdad, and conducted a questionnaire for different levels of employees; To show the importance of intellectual capital in creating a competitive advantage, which is one of the most important manifestations of intellectual capital in the economic aspect; A sample of 75 people from the joint stock companies were selected, and the descriptive study parameters were used to describe the mathematical model in hypothesis testing, the results proved that there is a statistical relationship with a significant value of 5% with a strong relationship between protecting intellectual capital and creating competitive advantage. This is to show the economic impact of the importance of intellectual capital as one of the most important manifestations of the jurisprudential adaptation of this concept. Also, the intellectual capital in the studied Iraqi joint stock companies is not the size of the tangible assets, the number of branches in the governorates, or the size of the temporary resources they obtain, but rather the intellectual capital, which is the value of knowledge owned by the individual employees, and the working staff in the company who transform ideas and innovations into an added value by investing human competencies in public investment. Based on the results of the questionnaire, the researcher believes that intellectual capital is the main source in creating a competitive advantage for joint stock companies. Because it creates a wide distance between the book value of the company and the nominal value. Keywords: ras almal alfikri, alsharieat al'iislamiati, alhuquq alfikrihi, almizat altanafusia