The Philosophy of Punishment in Intellectual Property Rights Law:

A Comparative Analysis of Emerging Technological Crimes Under Egyptian and Islamic Law

Abdallah Mohamed Nour El Dien

 

Abstract: The Intellectual Property Rights Protection Law (2002) constitutes a distinct segment within the broader framework of economic legislation with a distinctive nature, setting it apart from other legal fields. This law aims to protect the rights and interests of innovators in the industrial, commercial, scientific, literary, and artistic domains, while also preserving societal interests in science and culture. This dual objective necessitates a nuanced approach to impose penalties on those who infringe on intellectual property rights. Islamic law also addresses the punishment of criminal acts to protect societal interests, ensuring that penalties are neither excessive nor deficient but are instead proportionate to the crime. The principle of “the punishment should fit the crime” is central, emphasizing proportionality between the crime and its corresponding punishment. This note aims to highlight the penalties imposed for intellectual property rights violations, along with their underlying philosophy. It assesses the adequacy of current penalties for these crimes within the framework of modern penal theories. Additionally, the note reviews the legislative efforts designed to address intellectual property rights violations, with particular emphasis on emerging technologies. This examination leads to propose solutions to assist legislators in formulating a comprehensive penal provision that aligns with the special nature of these crimes. The proposed penalties should correspond to the criminal provisions of the Intellectual Property Act committed, considering the implications of emerging technologies and artificial intelligence techniques.