INTELLECTUAL PROPERTY RIGHTS IN IRAQ
Opposition Term |
90 Days |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The Trademarks and Commercial Indications Laws amending the Trademarks and Descriptions Law No. 21 of 1957 and Coalition Provisional Authority Order No.80 on Registration Fees for Iraqi, Arab, and Foreign Trademarks and Trade Names – govern the mechanism of trademark registration and protection.
Trademarks are registered with the Trademark Registration Office at the Ministry of Industry and Minerals in Baghdad. However, in 2011, the Ministry of Trade and Industry in Kurdistan started its own registration system, which covers Kurdistan Province. This has caused a conflict with the registrations made at the Trademark Registration Office in Baghdad, which cover the whole country, including Kurdistan, according to the Trademarks Law.
It follows a 'first-to-file’ system.
Iraq is not a signatory to the Nice Classification; however, it follows its 8th Edition with local sub-classification. Multi-class trademark applications are acceptable.
Any interested party may file a written opposition against the registration of a trademark within ninety (90) days following its date of last advertisement.
A trademark registration is valid for ten (10) years from the filing date of the application, which is further renewable for successive periods of ten (10) years each.
The trademark law in Iraq does not provide for a grace period during which a late renewal application can be filed. However, the Trademark Office may grant, upon request, a grace period of six (06) months so that a trademark renewal may be effective.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Iraq is a member of the Paris Convention for the Protection of Industrial Property (1967 Act), which was ratified by Law No. 212 of 1975. Furthermore, Iraq is a member of the World Intellectual Property Organizations (WIPO) Convention, which was ratified by Law No. 212 of 1975. Iraq became a member of the WIPO in January 1976.
Patents and Industrial Designs Laws and Regulations No. 65 of 1970 (amended up to 15th June 1946) deal with the mechanism of patent protection in Iraq.
For seeking patent protection in Iraq, an application has to be filed with the Patent Office, which administers the entire process of patent grant.
In Iraq, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Any person has the right to object to the registration of any new variety within ninety (90) days from the date of announcement of the preliminary approval in the Official Gazette.
A patent is valid for twenty (20) years starting from the date of completing the application submitted to the Patent Office. Such validity is subject to the payment of the prescribed annual fees that are calculated from the date of completing the filing requirements.
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 Patent Office except after the grant of the patent.
Patents and Industrial Designs Laws and Regulations (No. 65 of 1970) - govern and deal with the mechanism of registration of industrial designs.
The application for registration of industrial designs is required to be submitted to the Registrar in compliance with the conditions stipulated in the Regulations.
The types of industrial design applications that can be filed in Iraq include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
If the Registrar announces such registration in the Official Gazette, any third party may file an objection within ninety (90) days from the date of the published announcement.
The term of protection of industrial designs is seven (07) years as from the date of issue of the certificate, provided the payment of the prescribed renewal annual fees is carried.
The time frame for payment of the renewal fee before the due date is six (06) months.
There is no grace period to renew a registered industrial design.
The amended Copyright Law No. 3 of 1971, Order No. 83 issued by the Coalition Provisional Authority on April 29, 2004, governs the mechanism of copyright protection in Iraq.
For obtaining copyright protection, the publishers of copyrightable works are required to deposit copies of the work with the Ministry of Culture. Protection is granted to every IP-related work of art irrespective of its type, method of expression, importance, and purpose.
The author’s economic rights provided for in this Law are protected throughout the life of the author and for fifty (50) years from the date of his death.
The economic rights relating to works of joint authorship are protected throughout the lives of all co-authors and for fifty (50) years from the death of the last survivor.
The economic rights of the author of a work of applied art expire after a period of fifty (50) years from the date on which the work was published or made available to the public for the first time, whichever comes first. Performers enjoy an exclusive economic right for the exploitation of their performances for a period of fifty (50) years calculated from the date on which the performance or the recording took place, as may be the case.
Producers of sound recordings enjoy an exclusive economic right to exploit their recordings for a period of fifty (50) years calculated from the date on which the recording was made or made public, whichever comes first.
Broadcasting organizations enjoy an exclusive right to exploit their programs for a period of fifty (50) years calculated from the date on which the program was broadcast for the first time.