Intellectual Property Right & the Hijab Arena Analysis with Comparative Approach

Document Type : Academicm and Research

Author

Associate Professor, Department of Law, University of Ilam, Iran.

Abstract

Although the development of cyber space and new technologies has brought countless advantages and merits to human life, but it is considered a threat to the life of cyber space and one of the rights of intellectual property called hijab. Since hijab as an outer covering and chastity as an inner covering play a significant role in the social and psychological security of the society, so it is necessary to recognize and support it as an intellectual property right. In addition, identifying and supporting hijab and chastity in the position of respecting privacy and observing it is a preventive measure in the occurrence of social harm. Islamic teachings also forbid showing off in public, as it harms human beauty and real perfection as a spiritual right. From a comparative point of view, and especially the common law, trademark weakening and abuse of other unregistered trademarks are provided in the laws, which they can be an appropriate sanction in order to support the owners of creative ideas such as hijab and chastity. The present article, with the help of descriptive-analytical method, tries to highlight the protective role of the law on hijab and chastity as a right of intellectual property and privacy.

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References

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Comparative Studies on Islamic and Western Law
Volume 11, Issue 3 - Serial Number 41
September 2024
Pages 23-40

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