Industrial Designs Law in Iraq
Certainly! Here’s an overview of Industrial Designs Law in Iraq:
Industrial Designs Law in Iraq
Legal Framework
Industrial designs in Iraq are governed by the Law No. 3 of 1971 on Patents, Industrial Designs and Trademarks, and its amendments.
The Iraqi Patent and Trademark Office (IPTO) under the Ministry of Planning is responsible for the registration and administration of industrial designs.
Iraq is a member of the Paris Convention for the Protection of Industrial Property.
Iraq is not yet a member of the Hague Agreement for international design registration.
Iraq is not currently a member of the World Trade Organization (WTO), so TRIPS Agreement compliance is limited.
Key Features
1. What Can Be Protected?
Industrial designs protect the appearance or ornamental aspects of a product.
Includes features such as:
Lines
Contours
Shape
Texture
Color
Both two-dimensional and three-dimensional designs are protectable.
2. Requirements for Protection
The design must be new and have individual character.
Designs dictated solely by technical function or utilitarian features are excluded.
Designs contrary to public order or morality are not protected.
3. Registration Process
Applications are filed with the Iraqi Patent and Trademark Office (IPTO).
The application must include:
Clear representations of the design (drawings or photographs).
A description of the design.
IPTO conducts a formal examination.
Substantive examination for novelty may be limited.
Upon acceptance, the design is registered and published.
4. Duration and Renewal
Protection is granted for an initial period of 5 years from the filing date.
Protection can be renewed for two additional periods of 5 years each.
Maximum protection duration is 15 years.
5. Rights Conferred
Exclusive rights to prevent unauthorized making, using, selling, or importing of products bearing the design.
Rights may be assigned or licensed.
6. Infringement and Enforcement
Enforcement is through Iraqi courts.
Remedies include injunctions, damages, and seizure of infringing products.
Criminal penalties may apply in cases of counterfeiting.
7. International Treaties
Iraq is a member of the Paris Convention.
Iraq is not a member of the Hague Agreement.
Not yet fully compliant with TRIPS due to non-WTO membership.
Protection abroad requires national filings or through treaties applicable to other countries.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Law No. 3 of 1971 on Patents, Industrial Designs and Trademarks |
| Registration Authority | Iraqi Patent and Trademark Office (IPTO) |
| Protection Duration | 5 years, renewable up to 15 years |
| International Systems | Paris Convention |
| Enforcement | Civil and criminal remedies via courts |
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