A Jurisprudential - Legal Study of Intellectual Property Right With Special Reference to Imam Khomeini's Viewpoints

There are differences of opinion among the jurists about legality of intellectual property rights. Some jurists maintain that such rights are not legal due to the following reasons: their incompatibility with the rule of domination, lack of acknowledgement of such rights by the Law-Giver, their incompatibility with the mission and sanctity of science and lack of personal possession. Hence, they maintain that third persons can use them with any permission from the proprietors. Some other jurists maintain that such rights are legal and that one should not use them with the permission of the proprietor. They argue that the following reasons support their viewpoints: reason, rule of domination and Wilayat Faqih. The Sunni jurists also forward two reasons in support of this viewpoint.