In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 32 (7/4)
Sale of the Trade Name and License
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 4th session in Jeddah, Kingdom of Saudi Arabia, on 18–23 Jumādā al-Akhira 1408h (6–11 February 1988),
Having examined the research papers submitted to the Academy concerning the Sale of the Trade Name and License,
Having noticed the different ways in which this issue was addressed by dif- ferent researchers and in the technical terminologies that differed according to the language from which these formulas have been translated, resulting in a confusing multiplicity of issues and conflicting opinions,
Resolves
First: To postpone the examination of this topic to the fifth session10 of the Academy, pending further research on all related aspects, with due considera- tion to the following:
- Follow a similar methodology in the preparation of the research papers, starting with an introduction to the issue, then determining the scope of the research using all the current terminology and their synonyms.
- Refer to relevant historical precedents, legal and juristic opinions that may clarify the issue and ensure the accuracy of
Second: To include the issue of the Sale of the Trade Name and License in a broader subject, such as Incorporeal Rights so as to be able to introduce other related concepts, including copyright, patent rights, inventor’s rights, author’s rights, industrial and commercial design patents and trademarks, etc. under one heading so that the research paper would be more precise and of greater benefit. Third: To focus research papers on a specific right among those quoted above,
or the researchers may extend the scope of their study to cover, within its gen- eral structure, a similar terminology.
- Resolution 43 (5/5).
Indeed, Allāh is the Giver of success.
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