Legislation
Intellectual property legislation in Iraq includes Trademarks and Description
Law, (Law No. 21 of 1957 as amended by laws No. 7 of 1962 and No. 214 of
1968, Patents and Industrial Designs Laws and Regulations (Law No. 65 of
1970) Copyright Law (Law No.3 of 1971. However, the Coalition Provisional
Authority (CPA) issued Order No. 80 dated April 26, 2004 under it the trademarks
law is amended and renamed Trademark and Geographical Indication Law. Again,
by virtue of Order 81, dated April 26, 2004 the Patents law is amended and
renamed Patents, Industrial Designs, Undisclosed Information, Integrated
Circuit and Plant Variety Law. Yet again, by virtue of Order No. 83 the
Copyright Law is amended as of May 1, 2004. Iraq ratified the Paris Convention
as of 1976 and WIPO Convention since January 1976.
Iraq Patents Registration.
Applications are examined to ensure formal compliance. Once an application
is accepted, it will be published in the Official Gazette. Assignments should
be recorded with the Patent Office which would ultimately be published in
the Official Gazette. On account of the recent amendment a patent is valid
for twenty years counted from the date of filing. Non-compliance with formal
filing requirements must be completed within a reasonable time from the
date of notification by the Patent Office including required amendment to
satisfy the formal requirements called for under the law. In the event the
applicant slackens, a reasonable grace period would be offered by the Registrar
and if the applicant fails to comply, the application would be treated as
renounced. An evaluation will be made to estimate whether substantive examination
is required. In the event it is required, the applicant will be notified
as such, provided the applicant shall pay the prescribed fee. Substantive
examination shall be carried out by the office, or referred to one of the
approved examination authorities. Compulsory license may be granted by the
competent authority if the patentee failed to adduce cogent reasonable grounds
amounting to reasons beyond his control preventing exploitation of the invention
for a period extending to four years as of the application date or three
years as of the granting date whichever elapses later.
Formal filing requirements for a patent application are as follows:
A power of attorney duly executed and legalized by an Iraqi Consulate.
The Consulate validation stamp must appear on the back of the document.
Name and address of the applicant including his nationality, his
domicile and the address of his place of business.
A duly executed deed of assignment legalized by an Iraqi Consulate
if the inventor is not the applicant.
A certified copy of the priority document duly legalized by an Iraqi
Consulate.
8 copies of the specification, claims in English with an Arabic translation.
8 sets of the formal drawings if any.
8 copies of an abstract in English with an Arabic translation.
Patent annuities.
Renewals are calculated from the date of completion of formal filing requirements
and unpaid annuities shall be paid on retrospective basis.
Designs.
Formal filing requirements.
A power of attorney duly executed and legalized by an Iraqi Consulate.
The Consulate validation stamp must appear on the back of the document.
Name and address of the applicant including his nationality, his
domicile and the address of his place of business.
A duly executed deed of assignment legalized by an Iraqi Consulate
if the owner is not the applicant.
A certified copy of the priority document duly legalized by an Iraqi
Consulate.
8 copies of a short description of the design.
8 sets of the formal drawings or reproduction of the design.
Two miniature models of the design.
Changes.
Change of the owner's name.
change of the owner's address
assignment
licensing contract
mergers
Requirements:
A duly executed Deed of Assignment legalized by an Iraqi Consulate
Power of attorney duly executed and legalized by an Iraqi Consulate
A duly executed contract of licensing.
A duly certified merger instrument.
A duly certified instrument of change of name and/or address.
Original letters of patent for endorsement purposes.
Trademarks/service marks.
Formal filing requirements are as follows:
Name and address of the applicant including his nationality, his domicile
and the address of his place of business.
A power of attorney duly executed and legalized by an Iraqi Consulate.
A duly certified copy of the certificate of incorporation of the
applicant company duly legalized by an Iraqi Consulate.
10 prints of the mark for each class and a printing block. Iraqi
operating procedure demands that an Arabic translation or lettering
must appear above the Latin script.
A complete list of goods and services to be covered by the registration
provided however, that the classes and sub-classes of the good must
match with domestic classification which is similar to the international
classification.
A certified copy of the priority document if priority is to be claimed.
Changes.
Alteration of goods and services.
Alteration of a registered trademark.
Voluntary cancellation of a registration.
Change of name and /or address of the owner.
Assignment of the registration.
Licensing contract.
Requirements:
A power of attorney duly executed and legalized by an Iraqi Consulate.
A duly certified instrument of change of name and/or address.
Original certificate of registration / renewal as the case may be.
A deed of assignment duly executed and legalized by an Iraqi Consulate.
A duly executed licensing contract and legalized by an Iraqi Consulate.
Copyright.
Formal filing requirements are as follows:
Name and address of the applicant including his nationality, his domicile
and the address of his place of business.
A power of attorney duly executed and legalized by an Iraqi Consulate.
A duly executed deed of assignment legalized by an Iraqi Consulate
if the author is not the applicant.
For Literal Works 10 copies to be lodged with the Ministry of Culture.
As regards Artistic Works five copies to be lodged with the Ministry
of
As regards Computer Software two copies to be lodged
With the Ministry of Culture.
NOTE: Copyright law is still at a stage which is awaiting
implementing regulations to be arranged.
