Database as intellectual property

Position and accordance of protection

Research output: Contribution to journalArticle

Abstract

The borderless world of internet has witnessed a keen discussion and debate on database property and its protection. We are all aware of its ample protection available under the man-made criminal law. However, is database property amply protected by Syariah criminal principles? This study attempts to look into this issue. Being a legal study which is qualitative in nature, relevant materials, data and information on database are collected, assessed and critically analyzed. Critical analysis is simultaneously performed on all materials pertaining to Syariah criminal principles. This study finds that database content may be regarded as valid property in the eyes of Syariah and as such should receive protection. The existence of basic Syariah criminal principles which could be used to protect database properties is also acknowledged. It is, however noted that these basic Syariah principles are unrefined, being too general in nature. These principles have also not been codified in a single legislation. This has resulted in an ineffective and inconclusive protection for database properties. Ultimately, this study suggests that validity of database property should be universally acknowledged and codified under Syariah law so as to receive conclusive and effective protection under Islamic criminal law. In achieving this, Syariah criminal principles should therefore be refined and codified in one single written legislation.

Original languageEnglish
Pages (from-to)365-373
Number of pages9
JournalSocial Sciences (Pakistan)
Volume8
Issue number4
DOIs
Publication statusPublished - 2013

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intellectual property
criminal law
legislation
Internet
Law

Keywords

  • Database property
  • Database protection
  • Islamic criminal law
  • Man-made criminal law
  • Syariah
  • Syariah criminal principles

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

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title = "Database as intellectual property: Position and accordance of protection",
abstract = "The borderless world of internet has witnessed a keen discussion and debate on database property and its protection. We are all aware of its ample protection available under the man-made criminal law. However, is database property amply protected by Syariah criminal principles? This study attempts to look into this issue. Being a legal study which is qualitative in nature, relevant materials, data and information on database are collected, assessed and critically analyzed. Critical analysis is simultaneously performed on all materials pertaining to Syariah criminal principles. This study finds that database content may be regarded as valid property in the eyes of Syariah and as such should receive protection. The existence of basic Syariah criminal principles which could be used to protect database properties is also acknowledged. It is, however noted that these basic Syariah principles are unrefined, being too general in nature. These principles have also not been codified in a single legislation. This has resulted in an ineffective and inconclusive protection for database properties. Ultimately, this study suggests that validity of database property should be universally acknowledged and codified under Syariah law so as to receive conclusive and effective protection under Islamic criminal law. In achieving this, Syariah criminal principles should therefore be refined and codified in one single written legislation.",
keywords = "Database property, Database protection, Islamic criminal law, Man-made criminal law, Syariah, Syariah criminal principles",
author = "{Abdul Manap}, Nazura and {Mohd. Shariff}, {Ahmad Azam} and Hambali, {Siti Naaishah}",
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journal = "Social Sciences (Pakistan)",
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AB - The borderless world of internet has witnessed a keen discussion and debate on database property and its protection. We are all aware of its ample protection available under the man-made criminal law. However, is database property amply protected by Syariah criminal principles? This study attempts to look into this issue. Being a legal study which is qualitative in nature, relevant materials, data and information on database are collected, assessed and critically analyzed. Critical analysis is simultaneously performed on all materials pertaining to Syariah criminal principles. This study finds that database content may be regarded as valid property in the eyes of Syariah and as such should receive protection. The existence of basic Syariah criminal principles which could be used to protect database properties is also acknowledged. It is, however noted that these basic Syariah principles are unrefined, being too general in nature. These principles have also not been codified in a single legislation. This has resulted in an ineffective and inconclusive protection for database properties. Ultimately, this study suggests that validity of database property should be universally acknowledged and codified under Syariah law so as to receive conclusive and effective protection under Islamic criminal law. In achieving this, Syariah criminal principles should therefore be refined and codified in one single written legislation.

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