تكييف الحق المرتبط بالمعرفة الفنية و أسس حمايتها : دراسة مقارنة بين الفقه الإسلامي و القوانين الوضعية

Abstract EN

This study aims to introduce the Know-How as a new system to protect inventors and innovators in general, as an alternative to the patent system, which does not provide protection for all innovations and is tainted by many shortcomings, such as the requirement to disclose a secret The invention requires fulfilling the filing and registration procedure, as well as shortening the term of protection.

Accordingly, the study tries to define this new and distinctive type of information and innovations, as well as its characteristics, and more than that, the study attempts to shed light on the various adaptations in Islamic jurisprudence and the positive laws of the financial right related to technical knowledge, as well as the rules for its protection, as they are unrelated innovations.

covered by the patent.

The study concluded in particular that technical knowledge receives great attention in Islamic jurisprudence compared to positive laws, and this is evidenced by the fact that Islamic jurisprudence recognizes the financial nature of technical knowledge and the right of ownership of its owner, in contrast to positive laws - with the exception of American law - which do not recognize the right of Financial knowledge of technical knowledge, which is sufficient to protect it under non-proprietary rules.