He invented a product and sold it to a middleman to sell it to the company where he works without the company knowing
Question I have been working as an engineer in a petroleum services company for ten years. My basic job is maintaining the company’s equipment and providing technical support, but other tasks have been added to my job over the last ten years. My company treats me like anyone else, or less than that, because I…
Question
Praise be to Allah.
Firstly:
Patents, inventions, copyright and so on belong to the
inventor or author, and he has the right to receive payment for them,
because it is customary that these rights have financial value in the
marketplace.
The Islamic Fiqh Council has issued a statement to this
effect, the text of which is as follows:
“The Islamic Fiqh Council, in its session held during its
fifth conference in Kuwait, 1-6 Jumaada al-Awwal 1409 AH/10-15 December 1988
CE, after studying the research presented by members and experts on the
topic of intangible rights, and listening to the discussions that were held
concerning this topic, has determined the following:
Firstly: trade names, company names, trademarks, writings and
inventions are all the copyright of their owners or authors, which in modern
practice have acquired monetary value. These rights are respected by
sharee’ah and it is not permissible to transgress against them.
Secondly:
If your work to invent this thing did not involve using any
of the products belonging to the company, and you did not do it on company
time, meaning that you worked on it outside of working hours, or at times
when you were not required to work, then this is your exclusive right as
stated above, and there is nothing wrong with selling it to your company or
to an intermediate company who can sell it to your company.
But if that was at the expense of your work for the company,
or you used the company’s materials, products or laboratory, then you have
done wrong because you got distracted frin your work and because you used
the company’s resources for a purpose other than that for which they were
intended, and you have to compensate the company for what is their due. The
basic principle is that you should tell them and work out an agreement to be
paid for your efforts and invention. If you will be harmed by admitting this
or you think it most likely that the company will not give you anything,
then try to give them their due by any means possible after working out what
you owe them with the help of experts in that field.
This right of the company, if it is proven, does not make it
permissible to transgress against the company on the grounds that they did
not give you an increase in your salary or that they did not appreciate your
work and inventions, because two wrongs do not make a right. You should
strive to improve your standing in the company by proper means, such as
asking for it.
And Allah knows best.
