Trademark protection according to the Jordanian system and Islamic jurisprudence

Abstract

The early roots of intellectual property laws in Jordan trace back to the principles of Islamic law. These laws have developed their mechanisms in a way that relies on international agreements and Western laws, which raises many questions for discussion about whether this modern development of legislation provides more protection for intellectual rights and trademarks than Islamic law itself.
The Quran and the prophetic tradition are the fundamental pillars of Islamic jurisprudence. "And do not consume one another's wealth unjustly, nor offer it to the rulers so that they might aid you to consume a portion of the wealth of the people in sin, while you know [it is unlawful]." It prohibits consuming the wealth of others unjustly unless there is genuine consent reached by the concerned parties. The objectives of Islamic law are to bring about benefits and prevent harm. Furthermore, the fundamental Islamic schools reflect a diversity of opinions regarding the essence of intellectual property. Acquiring desirable things is classified as a luxury, while necessities, which include the preservation of intellect and the safeguarding of wealth, are among the objectives of Islamic law.

The Holy Quran and the teachings of the Prophet Muhammad, peace be upon him, addressed the topic of trademark protection in Islamic law. Trademarks are used to distinguish the products and services of each company from those of others, and they are considered one of the components of intellectual property law. They are more strongly protected under Islamic law when used to safeguard legitimate trade and services.  The intellectual property law includes the legal framework used to protect trademarks, which have been safeguarded under Islamic law if the actions are under the teachings of the Holy Quran and the Sunnah of the Prophet Muhammad, as Islamic law is a divine revelation from God. The preservation of intellectual property is of utmost importance in Islamic jurisprudence and falls within the scope of the objectives of Sharia. Just as in contemporary intellectual property rights, the Holy Quran and the teachings of the Prophet Muhammad support and protect the intellect, ideas, and inventions, recognizing their immense value and encouraging their development. Rights may arise from an individual's behavior, such as entering into a contractual agreement, or from the behavior of another individual, such as receiving a gift, or from natural circumstances like inheritance. The transaction can either create or transfer rights, and it is consensual, benefiting both parties who are equal in status and governing related interests.

Intellectual property rights are the rights that a person acquires through work and talents, as these rights grant the individual benefits and profits, and this was reinforced by the Sharia “the Holy Quran” and protected these rights, wealth, and trade through the Quranic verses, taking into account the hadiths of the Prophet Muhammad, peace and blessings be upon him, in their true contents, away from usury/interest, uncertainty, or gambling. Intellectual property refers to the legal rights and interests of individuals in their creations or inventions protected under Islamic law, as the trademark serves as a tool to facilitate trade and investment operations, promote goods and services, protect them during trade, and distinguish the goods and services of one company from those of others. Islamic law allows all legitimate commercial activities under its “rulings”, and therefore, the trademark used to promote permissible services and products is strongly protected under the provisions of “Islamic law”.