The Alliance between Islamic Law and Trips Agreement: Structure and Practice
The Trade Related Aspects of Intellectual Property Rights TRIPs is considered to be one of the most important agreements in the intellectual property protection system. A product of the Uruguay Round that established the World Trade Organization (WTO) and the TRIPS Agreement help to develop the intellectual property from the national level to the international, and from its purely conventional IP perspective that was enacted in the two previous conventions of Paris and Berne to the world trade domain. It therefor set the minimum of protection that should be maintained by the countries adhering to the agreement. Here arises the question core point of this paper: How can the states parties applying sharia law deal with the provision of the TRIPS? Did they adopt or adapt these provisions to sharia? How to strike a balance between Islamic interests and the international obligations dictated by the Marrakesh agreement? Here I have to explain how Sharia rules dealt with the Trips provisions: How they adapted Sharia law to the general principles of TRIPs. It is extremely essential to highlight the relation between the Sharia legislation and the norms of globalization caused by the Marrakesh Agreement of 1994 which established the Uruguay Round.
Keywords - Intellectual Property, TRIPs, Agreement on Trade-Related Aspects of Property Rights, Shari a Law