Inheritance of Intellectual Property Rights in the Jurisprudence of the Five Schools and Iranian Law

Abstract

Today, due to the increasing growth of technology and more communication between nations, intellectual property is very important and intellectual phenomena are considered not only as knowledge, but also as capital. Therefore, considering the economic value and being a source of income, the transfer of these rights is also an integral part of legal issues. The main question of this research is what intellectual property rights include from the perspective of jurists of the five Islamic schools and Iranian law, and whether these rights can be inherited or not. Therefore, in the present research, while examining the legal and jurisprudential meaning of intellectual property rights and the nature and effects of these rights, using the descriptive and analytical method, the opinions and documents of Shia and Sunni jurists and lawyers have been discussed. One of the main examples of these transfers is the automatic transfer of these rights that occurs due to the death of the creator, while in legislative discussions we are faced with the silence of the laws in this field and only the time frame used by the heirs is discussed in the laws. This issue has been discussed among jurists in the field of new issues and inquiries; by scrutinizing the opinions expressed, it can be seen that most of the jurists, both Shia and Sunni, have acknowledged the legitimacy of intellectual property rights and based on the fact that these rights are among the financial rights and interests and are accepted by custom, they confirm it can be transferred to the heirs.

Keywords

• intellectual property
• inheritance
• right
• automatic transfer
• comparative jurisprudence
• financial right