Is Custom Recordal of Intellectual Property Rights (IPRs) available in Iraq?
Is Custom Recordal of IPRs compulsory in Iraq?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Iraq?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Iraq?
Is Custom Recordal of IPRs effective on import or export of goods or both?
What is the role of the customs department/authority? (Kindly give 2-3 points)
The Customs authorities in Iraq do not themselves have authority to seize counterfeit goods, and there is no system for the recordal of trademarks with Customs. They can act only after intimation of the rights holder, and then, upon order of court. They only have the power to seize the goods.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Iraq by land, sea, and air?
Is there an online system for Custom Recordal in Iraq?
What is the official fee for Custom Recordal in Iraq?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Iraq?
In which scenario does the customs department/authority suspend the clearance of imported goods?
The customs authority suspends the clearance of imported goods after the court decides in favour of the rights holder and passes a concurrent order of destruction.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
There is no such timeline.
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The customs authority acts in accordance to the order of the court and keeps the goods seized until then.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Iraq? If yes, then kindly give 2-3 points?
Yes, there is no concrete procedure laid to facilitate IPR recordal.
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?