IP OVERVIEW OF IRAQ

Iraq, officially the Republic of Iraq, is a country in Western Asia. The country is bordered by Turkey to the north, Iran to the east, Kuwait to the southeast, Saudi Arabia to the south, Jordan to the southwest, and Syria to the west. The southern part of Iraq is within the Arabian Peninsula. The capital, Baghdad, is in the centre of the country and its largest city.

Iraq is a member of the Paris Convention for the Protection of Industrial Property. 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 order No. 81 issued by the Coalition Provisional Authority on April 26, 2004 amended the Patent Law No. 65 of 1970 to Patents, Industrial Design, Undisclosed Information, Integrated Circuits and Plant Variety Law.

Trademark

Registration of trademarks in Iraq is effective under the provisions of Trademarks and Descriptions Law No. 21 of 1957 and its subsequent amendments. Once a trademark application is filed, it is examined as to registrability to ensure that no prior identical or similar trademark has been registered. Trademark applications accepted by the Registrar are published in three consecutive issues of the Official Gazette. Any interested party may file a written opposition against the registration of the trademark within 90 days as of the date of the last advertisement. In the absence of opposition, a published trademark is registered, and the relevant certificate of registration will be issued.

A trademark registration is valid for 10 years as of the filing date of the application, renewable for similar periods. The trademark law in Iraq does not provide for a grace period during which a late renewal application can be filed. the Trademark Office may grant, upon request, a grace period of six months so that a trademark renewal may be effective. The trademark will be re-filed with a validity extending for 10 years as of the expiry date of the registration.

There is no stipulation states that the trademark cannot be registered or maintain the registration effectiveness until it is used.

Use of trademarks in Iraq is not compulsory for filing applications for registration, or for maintaining trademark registrations in force. However, a trademark registration is vulnerable to cancellation on the basis of a court decision obtained to this effect by any interested party. A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of three consecutive years. A trademark registration is consequently canceled unless the owner proves that nonuse of the trademark was for reasonable causes of which the court approves.

Patent and Design

Once an application for the grant of a patent is filed in Iraq, 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.

In Iraq, a patent is valid for 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. All the unpaid annuities are collected from the applicant with a retroactive effect upon the grant of the patent.

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.

Copyright

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.

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

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.