Master'sOpen Access

The right of industrial property in Islamic law and the right of patent from the date of "1879 İhtira Beratı Kanunu (the patent law)" to present day

2019
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Advisor: Doç. Dr. Abdullah Durmuş

Abstract (EN)

The main purpose of this thesis is to try to determine the equivalence of industrial property rights in the Islamic legal system which constitutes an important economic value due to the dizzying developments in the field of industry and technology in today's world and thus became one of the main issues of the legals systems. In the thesis, industrial property rights have been defined in the light of the definitions in the doctrine and legal regulations and the equivalence of these rights in Islamic law has been tried to be examined within the framework of Islamic law rights and property theories. In addition, the patent right from the Ottoman period to the present has been summarized in the legal regulations. In the study, it has been concluded that industrial property rights can be included in theories about rights and properties in the Islamic law and can be accepted as an economic value in terms of Islamic law and these rights can be subject to legal transactions. In addition, it has been inferred from this study that Islamic jurists should conduct more comprehensive studies on industrial property rights which have become an indispensable part of social life, and that, as in other legal systems, Islamic jurisprudence related to industrial property should be established and regulations should be made.

Author

Dr. Bilal Şamat

How to Cite

Bilal Şamat (Master Thesis). The right of industrial property in Islamic law and the right of patent from the date of "1879 İhtira Beratı Kanunu (the patent law)" to present day, 2019, İstanbul University.

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