Dr. Muhammad Mahtab Hossain Mazed

Today 26 April is World Intellectual Property Day 2024. World Intellectual Property Day is being celebrated in Bangladesh along with other countries of the world.

Those concerned say that copyright work is associated with creativity. Writing a book or making any other invention, they are not registering it. The first person in the world to successfully copyright will reap the business and commercial benefits. Many good quality books are being published in Bangladesh now. Great writers, great researchers are being made. If they can't hold on to their creations, there remains a strong fear that they will end up in the hands of someone else in another country.

From business to commerce, art, literature, culture, everything is exposed to loss due to non-retention of intellectual property. Music and software piracy is rampant in Bangladesh. Generally intellectual property is divided into various forms like copyright, patent, trade mark, geographical indication (GI) etc. Among the different types of intellectual property, copyright works in artistic subject matter. Such as literature, art. Patents determine ownership.

A trademark is a sign that distinguishes a product or service from other products or services. Geographical Indication (GI) is one of the tools for protection of history, heritage and culture. And the present world is going through the age of innovation. One invention after another is making the world go crazy. Technology is developingNew laws are constantly being created for users, inventors and their fair use. One of these laws is the protection of property. Due to the development of technology, the issue of copyright protection has come forward more strongly.

The inventor is not the only one concerned with copyright protection. Rather, it involves, discovers, publishes and other companies authorized by them. There are various international and national laws regarding this. Bangladesh has a copyright law, if you violate this law, you will be imprisoned for a maximum of four years and a fine of Tk 200,000.

The heirs of the original owner own the property till sixty years after his death. Then it opens to the public. We are more or less aware of the domestic law in this regard, but many of us do not know the Islamic Shari'i and its instructions. So it can be seen that many religious people ignore this issue. Below is the discussion in the light of Shariar Alok.

1. Protection of intellectual property is the rule of Islam

What is intellectual property rights?

Renowned jurist Taqi Usmani said, "The right of invention is defined as the right guaranteed to the inventor through social law and the state in relation to the invented object." As if a person invented a new technology, then that person is entitled to its production and trade.' (Buhus Fi Qaya Fiqhiya Muasara, Volume-1, Page-115) Taqi Usmani Hafizahullahu's opinion is widespread. This includes ownership of both material and intellectual property. Intellectual property includes - research works, literary works, audio-video, software etc. And among the material resources there are weapons, medicine and various vehicles etc. In both types of objects, copyright may be reserved for the inventor.

> Does Islam support the right to preserve intellectual property?

The question is, does Islam support the right to preserve ownership in this way? Whether such right is a right recognized by Shari'ah. Many jurists of the present and past have spoken about the right to preserve intellectual property. According to some, such rights are not recognized by Shariat. However, the accepted view is that such rights are recognized by the Shari'a.

Allama Fatah Muhammad Lakhnabi late said, 'If a person discovers medicine, writes a book and invents a subject, he is more entitled to benefit from it. Then he writes, 'Inventor invented a thing at the expense of poor life, waste of goods and cutting off heads. Then in the initial stage he had to pay some losses, begar khata and free distribution. He sold cheaply for the campaign.

Which would never have been possible for counterfeiters. But for them today the burden of loss is on the head of that poor man. Then it will be seen that the inventor will repent with his ears that I will never do such a thing again. In this way, many initiatives for the welfare of humanity, the development of knowledge and science and the road to the invention of new subjects will be closed. If the shield of protection of ownership is not used then no one will come to the field of mujahid work.

And no one will play a role in innovation. How can it be that Shari'i Hikmat and Maslahat will allow such loss and damage?' Then he discussed decisively, 'For this reason, it is natural that the preservation of property is permissible in view of the Hekmat of Islamic Fiqh and public interest. To exaggerate in this regard, to say that it is not permissible is to be ignorant of the needs of the age and Shari'i wisdom. (Itare Hidayah, page-343)

A hadith also proves the preservation of ownership. Narrated on the authority of Hazrat Asmur Ibn Mudarris Radiyallahu Anhur, he said, I came to the Prophet sallallaahu alayhi wasallam and embraced Islam. Then the Prophet (peace be upon him) said, the first Muslim who gets something, he becomes its owner. (Sunan Abu Dawud)

Shaikhul Islam Taqi Usmani Hafizahullahu said, Allama Munabee late however emphasized that the said hadith is applicable to the cultivation of government uncultivated land. That is, the person who first starts cultivating the uncultivated land will own it. But according to many, the hadith is extensive. Springs, wells and mines are all included. Whoever grabs them first becomes their owner. (Buhus Fi Qazaya Fiqhiya Muasara, Volume-1. Page-116) Those jurists who say that the preservation of property is not a right recognized by the Shari'ah have tried to prove the matter in the light of various arguments. Below is the argument and its refutation:

The first argument is that the preservation of ownership of inventions is only an individual right; Not an object. Exchange of such rights is not valid. The answer to this can be said that the saying 'rights cannot be exchanged' does not apply to all rights. Rather, the Shari'ah has given the legality of taking some rights in exchange, such as giving up the right to work in exchange.

Another argument of theirs is that the other person who starts the production of the invented thing is not causing loss to the inventor. What that is doing is reducing the inventor's profit margin. A loss due to one person and a decrease in profit are not the same thing. In answer to this, reduction in profits is not considered as loss but it must include loss to the inventor.

The difference between loss and damage is also clear. A person who spends physical labor, talent, money and time to invent an object. For this he worked awake night after night. That is more entitled to benefit from it? Or the person who buys the object with a few bucks and blocks the inventor's path?

Another argument of theirs is that if copyright is preserved, its dissemination is less. If everyone is given the opportunity to produce it, the promotion will be more. And more people can benefit from it. And that should be the purpose of innovation. In response to their words, Shaikhul Islam Taqi Usmani Hafizahullah said, "If the ownership is not reserved for the inventor, then the enthusiasm of their work will decrease." Do not dare to undertake any big project for new discoveries. This will stop innovation. Where will the promotion come from? Therefore, it is for the sake of inventing new things that the property should be reserved for the individual. (Buhus fi kazaya fiqhiya muasara, Vol-1. Page-119)

Order to sell property:

Self-preservation is ensured on a priority basis. In Fiqh terminology, such a right is called 'Haqbe Asbakiyat'. Then there are two types of ownership. Registered and unregistered ownership. Selling unregistered property is not legal. However, it is permissible to give up such ownership rights and take exchange. There is a lot of difference in fiqh between selling and relinquishing rights. It is not possible to discuss them here.

Selling registered property is legal:

It is legal to sell the material if it is legally registered with the copyright office. In this context, Taqi Usmani Hafizahullahu said, sometimes the issue of official registration is additionally associated with the right to be reserved for the individual. This registry requires the inventor to spend additional labor, time and money. This gives the copyright a legal basis. As proof of which the person is given a certificate. and a copy is deposited in the Copyright Office. Due to these qualities, traders consider this right as a commodity. It is therefore not impossible that, due to this consideration of traders, this right in the register will be treated as material. And just as it is permissible to sell other goods for a price, it is also permissible to sell these goods for a price. It must be remembered that the importance of terminology and social norms in classifying things under the command of goods and tangibles is undeniable. ((Buhus Fi Qaya Fiqhiya Muasara, Vol-1. Page-117)

Injunction to exercise this right for others:

People's personal property cannot be used by others without the owner's permission or payment. The same rule applies to rights. No one else may make a copy of an invented object without the permission of the inventor. Now the question is, if someone exercises such a right, then whether compensation can be taken from him. In this context, the opinion of the famous Faqeeh Khaled Saifullah Rahmani Hafizahullahu was highlighted. He writes, 'When this right has become like a commodity in terms of command, its sale and purchase is legal for compilers, inventors, manufacturers and publishers. A person who buys and sells it without any right will be considered as a usurper. Since the said situation is such that it is not possible to restrain the grifter, compensation can be taken from the grifter. According to the Hanafi school of jurisprudence along with the jurists of other schools of thought, compensation can be taken from the confiscated property if it benefits from it. (Kamusul Fiqh, Volume-3, Page-282)

Finally, copyright is an asset like any other asset. Every owner has the right to keep his property and can sell it if he wants. Copyrights and other tangible properties are also considered goods. So it is legal to reserve the copyright and its sale is also permissible. Interfering with someone's property without permission is wrongful and theft. Therefore, it is not permissible to print any of the author's books or continue them under his own name without the express permission of the author. Yes, if the author makes it clear that anyone can print my book or all my books, then it will be legal. It is absolutely illegal to publish any book without the permission of the author or proper authority. Many are being betrayed in this regard. All kinds of cheating must be avoided.

The writer is a, columnist and researcher Founder and Chairman,Jatiya Rogi Kallyan Society.