8 - Intellectual Property, Islamic Values, and the Patenting of Genes

Summary

The chapter reviews the various principles and legal foundations shaping the debate with relation to gene patenting from an Islamic perspective. It analyses the relevant Islamic rules related to the debate including those applicable to property ownership, intellectual property protection and the public interest (Maslaha). As such, the permissibility of gene related activities from an Islamic perspective would be governed by several considerations including its objectives (Maqasid), the public interest considerations, and the ownership model resulting from these activities. The chapter argues that Islamic principles applicable to the ownership of gene patents are yet to be adequately explored and institutionalised within the Muslim states. The chapter concludes that there is an urgent need for legal reform in this field in Islamic countries.