Intellectual property rights:

Introduction:

The Middle East buys copied items in amazing volumes. Today, half of all compact disks sold in
Israel are pirated or illicitly reproduced. Strong profits and loose enforcement of copyrights are
believed to tempt even drug dealers to shift their profession and embark on careers in the sale of
unauthorized music. Routine Iranian publishers translate and replicate international authorship
works, regardless of foreign copyright holders' preferences. American TV content was
retransmitted without license often. Pirates steal satellite broadcasting and redistribute it
impermissibly on Lebanon's cable television. 16 In contrast to most other industrialized nations,
it has a history of trying to defend intellectual property rights to boost its generic pharmaceutical
business. Famous trademarks are widely exploited throughout the Middle East without
permission. In the United Arab Emirates, one in three aftermarket car components is mislabeled
to try to make it available as a previous product. No other product but computer software was
targeted by Middle East copyists. Banks in Saudi Arabia were charged with utilizing
unauthorised versions of the computer software products of Microsoft. Computer copying is "out
of control" in Bahrain, while the unlawful duplicate of software in Kuwait was not criminal
before 1998. Authentic Microsoft computer software products are "gray marketed" by illicit
smuggling or reproduction into Iran. Tens of thousands of fake versions of Microsoft Middle
East software items have been caught abroad, but more than that being unlawfully circulated in
the region. Although it is impossible to identify exact percentages, somewhere in the
neighborhood of 65% of the software deployed in the Middle East was not properly acquired
from approved suppliers. Copiers include in the U.S. sophisticated makers of original machinery
("OEMs") with permissions to double software for domestic reasons, but not for sale to the
Middle East.

Literature review:

Private property in general is the foundation of society and of the economy. At the very same
hand, that is one of the fundamental and inherent human rights of the pre-Common Age. In the
lexical sense, the act relates to everything that is owned by the person - that is, everything in his
property. There is no clear view among the academics of Islam on the concept of "property;"
many meanings have been presented. Here is a definition offered in the Majalla (the biggest
codify of Islamic law standards), adopted by many Islamic nations (Lone, 2016)
As a religious phrase, ownership should be something to which human psychology aspires,
which people have a right to part of and which others have no right to dispose of. Copyright and
trade secrets are also used to property under this concept "unless, of course, this does not belong
to religious matters"

The first requirement for controlling something is that property should be the object of
possession. The mere possession of the property, however, is not sufficient to make the property
legitimate (halal). Five distinct techniques of buying property have been mentioned by the
scientists. In the consensus opinion of foodstuffs, property purchased by other means other than
those five is regarded prohibited (haram). Legal methods of purchasing property are as follows
(Carroll, 2001; Khan & Ahmad, 2015)

Property purchase by act: an exchange of items of substantial value among two people, or a
donation of anything within the domain "for example, buying wheat for money; exchanging an
old thing for a new thing; transferring anything without charge to another person" The purchase
of property by act involves the transfer of assets sole proprietorship is the simplest to the
possession of another person by sale, lease, donation, reconciliation, transfer to another person of
the debt obligations and other acts.

In view of this cultural sensitivity to similar shared experiences, the Middle East tends to
concentrate on connections instead of results. "Close, impersonal commercial contacts may be
diluted by traditional links – improving human relations, but harming efficiency." Contemporary
common living experiences that shape contemporary Near-Eastern culture can include urban
unemployment, an emerging bureaucratic middle class replacing an old middle-class business
and geographical isolation from water and desert. Moreover, most of the Middle East countries
are small, yet offer certain benefits in a 'global' economy that have been seen as a disadvantage
in the past. With this experience "Pre-Islamic Arab values mix the rich, diverse Middle East
culture with Islamic ideals of piety and reverence and with secular norms, such as patriarchy.

Infringements of intellectual property rights are a severe problem, despite the fact that Lebanon
has signed both the Bern and universal copyright conventions. Some local laws provide further
protection of foreign intellectual property in theory, but the government does not actually
provide real protection for the IPR[s]. The law of the copyright of the country dates from 1924
and is insufficient; without prior study and consent and without guarantee, patents, trademarks
and copyright shall be registered. It is unlikely to respond even if infractions come to the
attention of the authorities. Only when the offended party resorts to Lebanese courts is the
Ministry for Economic Affairs and Trade likely to investigate and provide a report on a specific
infraction.

It is important to understand how innovation incentives operate in the West in order to better
appreciate the policies on intellectual property in the Middle East. Professor Teece describes
innovation as three components: the suitability regime, the dominant design paradigm, and
additional assets. The key to assess appropriateness is to determine to what extent the innovator
'captures the revenues generated by an invention' which mostly depends on 'the nature of the
technology and the effectiveness of legal protection systems.' Therefore, if intellectual property
protection can be made more effective, it will be easier to decrease appropriateness. Investment
in innovation will be more likely to recover and the company will be able to make sales profit
from innovation

Critical evaluation:

Induced by such forces, we hear from the Middle East that Teece's arguments on innovation,
appropriateness and additional assets resonate. Protection of intellectual property is regarded to
be the necessary "handmaid" that precedes Middle East economic development. For example, IP
enforcement will allow "many prospective Omani enterprises to flourish and establish their IT
programs." Protection of copyright is pushed to stimulate innovation and ingenuity inside the
UAE.

Induced by these pressures, the arguments of Teece about innovation, suitability and new assets
resound from the Middle East. Protection of intellectual property is considered the necessary
"handmaid," which precedes economic progress in the Middle East. For example, "many
prospective Omani companies will prosper and develop their IT programs." Copyright protection
is promoted to inspire innovation and resourcefulness in the UAE.

Pirates in Jordan were chastised for impeding software development from being a "national
money source for exports to Jordan in the future." Increasing the confidence of international
investors and firms in the region is considered as enabling and implementing an intellectual
property framework. Egypt is also pursuing greater international investment through enforcing
intellectual property rights. If the IPP shortfall can be determined, software companies are
proposing to implement intellectual property rules as a requirement for Middle East operations to
begin.

We suggest that the IP regime in a country should be judged against the background of a rich
framework which takes a broad view of the area of IP legislation, is acutely aware of, and needs
to inform its political, economic, and cultural capabilities. We are presently considering the
growth of IP law in the Middle East in this direction

Pirates in Jordan have been condemned for hindering the development of software from being a
"national source of money in future as an export to Jordan." The establishment and
implementation of an intellectual property regime is seen as being able to "raise the trust of
foreign investors and companies" to stimulate future investment in the region. Egypt is also
seeking more international investment through the implementation of pc intellectual property
rights. If the intellectual property protection deficit can be identified, software businesses
propose the adoption of intellectual property laws as a requirement for commencing Middle East
operations.

Jordan does not have its own oil, unlike other Arab countries, especially the Arab Gulf and North
Africa. The economy is characterized as a high-middle income economy and is dependent on
mineral exports (phosphates) as well as agricultural products, services, tourism and US foreign
aid. Jordan is a close friend of the United States and one of two Arab nations that have concluded
a peace deal with Israel. Jordan is a monarchy and its King directs its foreign policy. Jordan has
maintained close links with the West and mainly the US since its independence in 1946. This is
mirrored in its politics and trade, particularly its IP stance.

Countries like Iran cannot insulate themselves entirely from global modernisation and
technological growth. Yet the Middle East has a strong feeling of the separation and distinction
of their culture from that of the West. The culture of the Middle East comes from certain
conceptions of history and religion and many Middle Easters strive actively to defend this culture
against polluting influences from the outside. For instance, "Even among young Iranians there is
a fear that an attack of US videotapes, books, and compact discs may dilute the wealth of a
culture that is 6,000 years old, of which the majority are enormously proud." In the Islamic
Republic of Iran, "rock 'n' roll is against the law and you can go to prison one night by using a
backward ball cap or a Michael Jordan tshirt."

The dissemination of copyrighted materials requires prior authorization from the Ministry of the
Interior to ensure that the contents do not provoke sectarian animosity among citizens, or insults
the royal family or Islamic principles.

The decree enables courts, as regards copyright enforcement, to impose penalties and penalties
and to confiscate and destruction of infringing copies and equipment and to shut down the
business of the offender. The Saudi government adopted a ministerial resolution in 2005
adopting frontier copyright and trademark protection measures. The resolution enabled the
Customs Service to retain products suspected of infringing marks or copyrights. A foreign Saudi
law firm reported on many channels for trademark enforcement and copyright laws, including an
admin protest to the Ministry of Trade and Industry (MOCI), a crime report lodged with the
police, legal procedures before a court, and a port claim.

Conclusion and recommendations:

The Eurocentric phrase "Middle East" covers primary records and the genesis in the region of
modern IP law. Early Europeans had a lasting effect, and its laws are still valid in broad portions
of the region, occasionally rewritten into local laws. In the mid-1990s, the new winds of
globalization took over European dominance. The world has replaced the colonial with new
requirements. The global framework of IP law is mostly oblivious to local demands and imposes
a one-size-fits-all approach.

We recommend a fuller examination of the IP regime of a country, instead of a technocratic legal

perspective that analyzes the law of a given country with international standards and calls for
conformity. In examining copyright, patent, trademark and other IP laws, it is important to check
whether or not the legislation has come or been imposed on them from within that country. In the
latter scenario, the evaluation should put IP in context with constitutional law (in particular the
free expression), contract and proprietary law, anti-trust law, tax law, and corporate law as well
as the principles of undue influence and good faith and so on. The evaluation should take
account of economics and politics, locally and globally politics and the distinctive cultural
demands of the country.

References
Carroll, J. (2001). Intellectual Property Rights in the Middle East: A Cultural Intellectual
Property Rights in the Middle East: A Cultural Perspective Perspective. Fordham
Intellectual Property, Media and Entertainment Law Fordham Intellectual Property,
Media and Entertainment Law Journal Journal, 11.
https://core.ac.uk/download/pdf/144227253.pdf
GRIN - The Concept of Intellectual Property in the Middle East (Saudi Arabia) and the Sharia
Law. (n.d.). Www.grin.com. Retrieved June 20, 2021, from
https://www.grin.com/document/500561
Intellectual Property Rights and Market of Patents: MENA’s Innovation Potential is Yet to Be
Triggered. (2021). Intellectual Property Rights and Market of Patents: MENA’s
Innovation Potential Is yet to Be Triggered | CMI.
https://www.cmimarseille.org/blog/intellectual-property-rights-and-market-patents-mena
%E2%80%99s-innovation-potential-yet-be-triggered
IP Rights in the Middle East: Cultural Complexities behind Legal Enforcement. (n.d.).
Www.americanbar.org.
https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/20
19-20/march-april/ip-rights-middle-east-cultural-complexities-behind-legal-enforcement/