Interpretation Of Benefit Sharing On Economic Rights Of Intellectual Property (IP) In Islamic Law Perspective

Abstract

Objective:  Intellectual Property (IP) in the current era plays a vital role in world trade, both nationally and internationally. It has important functions to give protection, and guarantee and provide legal certainty for an invention created by inventor. In addition, it is an effort to prevent unfair business competition and to minimize product plagiarism on the market. The invention needs to be appreciated by providing economic benefits for what has been produced, to provide the widest possible welfare and economic benefits to the inventors for their achievements.   Method: This research was conducted with the aim of analyzing and making comparisons related to the interpretation of benefit sharing of intellectual property (IP) inventions from different perspectives, positive law and Islamic law, in Indonesia. The approach used in this study was normative research method with supporting data from primary and secondary legal materials related to regulations in IP, Al-Qur'an, and Al-Hadith.   Results: Based on the analysis, it shows that there are different interpretations of the economic benefits of intellectual property (IP) inventions between positive law and Islamic law. Positive law interprets that economic benefits are regulated according to a mutual agreement between parties, while Islamic law has two madhhabs, Maliki and Jumhur. The Maliki madhhab provides a limit on the interpretation of economic benefits with a maximum limit of one-third. In contrast, the Jumhur madhhab provides a limit of one hundred percent of economic benefits. So, it is necessary to form an ideal law that can provide justice, benefits, and legal certainty for the community.   Conclusions:  An interpretation of the economic right to profit on the invasion of intellectual property (IP) in Indonesia is different in perception of positive laws and islamic law. The terms of the great triumph of economic rights in the invention intellectual property of positive laws turned out that there was no rule either discussing or regulating any nominal gain of the intellectual property (IP). In contrast with islamic law, which already has a preset in determining economic rights gains on the one-third intellectual property (IP) from the madhhabs Maliki perspective and one hundred percent from the one in madhhabs Jumhur.