Explore the evidence.
Understand the reach.

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.

A discussion of pharmaceutical test data protection is a potentially broad area for scholarly investigation. During preclinical and clinical drug testing, test data that evidences safety, effectiveness, and quality is generated to obtain marketing approval by drug regulatory authorities. Depending on the nature of the information and the jurisdiction, such information may be protected as a trade secret or a patent. Protecting patents and pharmaceutical test data in the SADC has significant ethical, legal, and social implications (ELSI). While it is essential to incentivise research and development, it is also crucial to ensure that patients have access to safe and effective medicines and that the public interest is protected. SADC members have diverse approaches and laws on patents and pharmaceutical test data protection. While some countries have comprehensive legal frameworks that balance intellectual property rights with the public interest, others have outdated or incomplete frameworks. The lack or inadequacy of legal frameworks for patents and pharmaceutical test data protection in some SADC countries can negatively affect public health. This paper surveys and calibrates the existing legal frameworks within the SADC region by identifying gaps and suggesting possible law reform solutions inspired by the Trade Related Aspects of Intellectual Property (TRIPS) Agreement, other international frameworks, and comparative law. Using the reward theory as its theoretical lens and linking the main arguments to the obligation of patentees to disclose their inventions fully, the paper concludes that the SADC region requires adequate legal frameworks.

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.
  

A discussion of pharmaceutical test data protection is a potentially broad area for scholarly investigation. During preclinical and clinical drug testing, test data that evidences safety, effectiveness, and quality is generated to obtain marketing approval by drug regulatory authorities. Depending on the nature of the information and the jurisdiction, such information may be protected as a trade secret or a patent. Protecting patents and pharmaceutical test data in the SADC has significant ethical, legal, and social implications (ELSI). While it is essential to incentivise research and development, it is also crucial to ensure that patients have access to safe and effective medicines and that the public interest is protected. SADC members have diverse approaches and laws on patents and pharmaceutical test data protection. While some countries have comprehensive legal frameworks that balance intellectual property rights with the public interest, others have outdated or incomplete frameworks. The lack or inadequacy of legal frameworks for patents and pharmaceutical test data protection in some SADC countries can negatively affect public health. This paper surveys and calibrates the existing legal frameworks within the SADC region by identifying gaps and suggesting possible law reform solutions inspired by the Trade Related Aspects of Intellectual Property (TRIPS) Agreement, other international frameworks, and comparative law. Using the reward theory as its theoretical lens and linking the main arguments to the obligation of patentees to disclose their inventions fully, the paper concludes that the SADC region requires adequate legal frameworks.

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.