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Intellectual Property Rights, or IPR, are essential for economic development and innovation, especially in the current digital era. However, certain aspects need to be considered in the context of Islamic financial law to ensure that IPR is applied relatively and by legal principles, especially law of Islam. This article analyzes the perspective of Islamic economic law regarding IPR in the current digital era, including its protection, use, and utilization. This study is a normative juridical study using a statute approach, which begins by investigating existing laws and regulations both in the positive legal framework and in the Islamic legal framework, which is based on the Koran, Hadith, and fatwas of the Ulama. Based on the study, it was found that even though IPR is not stated explicitly in the sharia, it refers to its essence, which is equated with property (mal), based on the norms, values, and principles contained in Islamic law, especially the mashed asy sharia theory, protection of IPR is very basic and integrated into the belief held by Muslims that Islam, which consists of monotheism, sharia, and morals, is an inseparable unity and illegal use of IPR is an injustice. The urgency of this study lies in the importance of IPR protection to encourage innovation and creativity in various fields, as well as the importance of considering Sharia principles in the use of IPR to provide optimal economic benefits for rights owners and society.

Indonesia’s trademark law does not provide provision for legal protection to registered mark which is well-known domestically therefore, there is no legal basis in case there is another party to commit in impersonation the said registered mark in the different kind of goods. On the other hand, protection indicates the address of international well-known marks only. Referring to the trademark law regime which is common universally such as can be found in the Paris Convention and TRIPs Agreement. Otherwise, for impersonation in different kinds of goods, the protection is given for a well- known mark only.  However, the said mark must be recognized within the territory where the mark is called as well-known such in certain countries. The purpose of this study is to know the legal protection for the domestic well-known mark on impersonation of different kind of goods under Indonesia’s trademark law. This study is normative legal research with legislation, concept, and comparative approach. The legal material with technical analysis is done by the method of interpretation. Results of this study, The regulation of legal protection for registered trademark owners of impersonation of different kinds of goods should be reregulated (a reformulation of provisions).  So that which is a well-known trademark can be in the form of domestic and internationally well-known, therefore the requirements for registration and commercializing of a mark in several countries, not as an obligation to obtain the rights and status become a well-known mark. However, when a mark is factually known and used in Indonesia, the wide scope of international well-known is no need as a mandatory.