Order No. 83 issued by the Coalition Provisional Authority on April 29, 2004, amended Copyright Law No. 3 of 1971, which governs the protection of copyright in Iraq. However, the aforementioned law is still not implemented yet.
In order to gain protection, the publishers of copyrightable works will have to deposit copies of the work with the Ministry of Culture. Protection is granted to every Intellectual Property work of art no matter what its type, method of expression, importance and purpose is.
Copyrightable works include written and oral works, computer programs, dramatic and musical works, cinematographic and photographic works, drawings and scientific three-dimensional figures. Protection for the lifetime of the author plus 50 years following his/her death is granted.
Protection of related rights such as performers, producers of phonograms and broadcasting organizations is also incorporated in the law.
The procedures for the registration and protection of designs in Iraq are similar to those of patents, except for the requirement of two miniature models of the design made of plastic or metal. A design registration is valid for 7 years. Annuities are to be paid to maintain the design registration. Renewal of a design registration is not provided for in the law.
Order No. 81 issued by the Coalition Provisional Authority on April 26, 2004 amended the Design Law No. 65 of 1970 to Patents, Industrial Design, Undisclosed Information, Integrated Circuits and Plant Variety Law.
Currently there is no implementation of Domain name registration, we expect something in the short term.
Once an application for the grant of a patent is filed, it is examined with respect to compliance with the formalities and patentability provided for under the patent law. The Patent Office may require whatever amendments may be necessary to bring the application into conformity with the law. In the event the applicant does not comply with the requirements of the Patent Office within a given grace period as authorized by the Registrar, a patent application will be treated as renounced.
Once an application is accepted, the grant decision will be published after which the relevant letters patent will be issued. It takes at least 2 to 3 years for the letters patent to be issued after the usual acceptance process, and this involves additional costs to the applicant. Annuities are to be paid every year on the anniversary date of completing the relevant file at the Patent Office with the required documents. However, payment of annuities may not be made to the ...
Iraq is a member of the Paris Convention for the Protection of Industrial Property. Registration of trademarks in Iraq is effective under the provisions of Trademarks and Descriptions Law No. 21 of 1957 and its subsequent amendments.
Order No. 80 issued by the Coalition Provisional Authority on April 26, 2004, amended the aforementioned trademarks law. The law was renamed the "Trademark and Geographical Indications Law."
The classes of goods are subdivided. The wording of the goods to be included in the application should be in conformity with the local classification, which is almost identical to the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement. An application can include goods in any number of classes, but with additional charges for each additional class.
Service marks are registrable as of April 29, 2001, according to the International Classification. The ...