Exploring Intellectual Property Through a Non-Western Lens

Professor Tabrez Y. Ebrahim explores how Islamic principles can reshape intellectual property law, offering a global perspective that challenges traditional Western frameworks.

February 03, 2025
Tabrez Ebrahim
Tabrez Ebrahim
Credit: Nina Johnson

At Lewis & Clark Law School, Professor Tabrez Y. Ebrahim, known as Professor E by students, is expanding the conversation about intellectual property (IP) law by exploring its intersections with other legal traditions. He examines how Islamic law influences the development and application of IP in his articles, Intellectual Property Through a Non-Western Lens: Patents in Islamic Law, Islamic Intellectual Property, and Comparative Intellectual Property & Religion. His work offers insights into how these systems can address modern legal and societal challenges.

The Inspiration Behind the Work

Professor Ebrahim’s interest in this topic stems from his experience as a patent attorney working with clients in countries with Islamic legal systems, such as Saudi Arabia. “Seeing the practical applications of IP law in these contexts motivated me to investigate how Islamic principles shape these laws,” he explained. This research also allows him to reflect on deeper questions about Islam and its role in comparative legal scholarship.

“A lot of our perceptions in the U.S. are shaped by a particular lens,” Professor Ebrahim noted. “Having traveled and worked outside the U.S., I’ve seen how perspectives differ globally. Highlighting these differences can help us better understand and appreciate alternative ways of thinking about law.”

A Different Perspective on Intellectual Property

In his research, Professor Ebrahim highlights how Islamic law approaches IP differently than Western systems. For example, while patents are recognized as valid under Islamic law, there are limitations grounded in religious principles. Products deemed harmful to society, such as weapons or alcohol, might not qualify for patent protection.

“The Islamic perspective places greater emphasis on societal benefits and ethical considerations,” Professor Ebrahim explained. “This approach examines how intellectual property has broader community impact than in Western legal systems.”

This emphasis on balance and fairness aligns with what Professor Ebrahim describes as “value pluralism”—the idea that multiple principles, such as fairness and public interest, coexist within a legal framework. His work explores how these principles can be integrated into intellectual property systems to address inequities and promote innovation in diverse contexts.

Why This Matters for Law Students

For students, understanding intellectual property through a global and interdisciplinary lens is increasingly important. “IP law affects a wide range of industries, and globalization has only amplified its relevance,” Professor Ebrahim said. “Even if you’re not specializing in IP, you’re likely to encounter it in areas like international business, technology, or public policy.”

Professor Ebrahim encourages students to explore opportunities for cross-cultural and comparative law studies. “Interacting with legal systems outside the U.S. helps broaden your understanding and equips you to navigate complex legal landscapes,” he added.

Opportunities at Lewis & Clark

Students can engage with these topics by taking courses in intellectual property, international business, and comparative law. Professor Ebrahim also suggests deepening involvement in these areas through collaborations between faculty and student organizations.

“These discussions are growing, and it’s exciting to see students take an interest in exploring how intellectual property intersects with global legal traditions,” Professor Ebrahim said.

For more on Professor Ebrahim’s research, check out his SSRN author page.

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