أحكام الملكية الفكرية من الفقه الإسلامي والقانون البروناوي

Abstract

Intellectual Property can be defined as something that encompasses all things that result from the efforts of human reason through creative thinking which can produce new discoveries that are then copyrighted. A change of mindset and global influences is affecting and transforming the development of Intellectual Property. Other than that, Intellectual Property is also protected by law. Infringement in intellectual property has caused many problems and significant negative impacts. Therefore, the research problem lies in the extent to which Intellectual Property and its provisions applied in the Islamic Jurisprudence and Brunei Law. Consequently, this research talks about the Intellectual Property in the Islamic Jurisprudence and Brunei Law in comparison. Hence, the writer uses the method by collecting information from the Islamic Jurisprudence books, provisions on intellectual property in Brunei, and also through the internet. The writer has reached several results, including: the types intellectual property rights are mentioned in detail in Islamic Jurisprudence, which are moral rights and economic rights. In Brunei Law is not mentioned in details of intellectual property rights, and only mentioned in copyright law. The provision on infringement of Intellectual Property in Islamic Jurisprudence is forbidden and the punishment for it is “ta’zir”,‌‌on the other hand, in Brunei Law is not mentioned its provision, but its punishment is mentioned.