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The Ruling on Buying, Selling and Using Counterfeit Branded Products
Question:
May Allah reward you with goodness, our Shaykh. A questioner asks: What is the ruling on buying and selling counterfeit products, such as watches and clothing, which have the original company's name written on them? And if we purchased these items before knowing the ruling, what should we do with them?
Sheikh Sulayman Ar-Ruhayli hafidhahullah:
As for selling counterfeit products, there are several matters that must be considered.
▪️The first matter concerns what is known as commercial rights.
The Islamic Fiqh Councils have issued fatwas stating that commercial rights and intellectual property rights are recognised and belong to their rightful owners. This includes trademarks, trade names and similar rights.
Therefore, if a product carries a trademark that is protected and registered to its owner or company, it is not permissible to imitate it without the permission of its owner, meaning the person who holds those rights.
Imitating it without the permission of the rights holder is not permissible according to Islamic law. It is also considered a criminal offence under today's commercial laws, and this does not contradict Islamic law.
▪️The second matter is to consider the laws and regulations of the country.
Suppose, for example, that the owner of a particular brand or product does not prohibit others from imitating it, and the product is not legally protected. However, we live in a country
