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Enforcement of IPRs in Iraq


Enforcement of IPRs
There are proper markets in Iraq that openly carry out such operations. Also, weak customs measures lead to counterfeiting and piracy.
Accessories and consumable goods, like packaged drinks and beverages are the goods most often face counterfeiting and piracy in Iraq.
They are as follows:
  • The Law No. 58 of 2015 on the Fourth Amendment to Law No. 65 of 1970 on Patents, Industrial Designs, Undisclosed Information, Integrated Circuits and Plant Varieties (2016)
  • The Law No. 17 of 2012 on Copyright and Related Rights in the Kurdistan Region of Iraq (2013)
  • The Law No. 9 of 2010 amending Law No. 21 of 1957 on Trademarks and Trade Names (2010)
  • The Law No. 9 of 2010 on Registration Fees for Iraqi, Arab and Foreign Trademarks and Trade Names (2010)
  • The Order No. 80 on Amendments to the Trademarks and Descriptions Law No. 21 of 1957 (2004)
  • The Order No. 81 of 2004 on Amendments to Law on Patent, Industrial Design, Undisclosed Information,
  • Integrated Circuits And Plant Variety (2004)
  • The Order No. 83, Amendment to the Copyright Law (2004)
Patents, Trademarks, and Industrial Designs are protected by IPR enforcement measures.
There is no provision for registering copyright; however, the same is preferred for trademarks.
Yes (The Civil Code)
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation -
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Recovery of profits, including damages
Minimum 1.5 years
A) Responsible Authority - Court of Inquiry, Court of Misdemeanours
B) Imprisonment Term – 01 to 0 5 years, but for repeated crimes, it may extend up to 10 years
C) Monetary Fine - 50,000,000 Dinars (USD 42,948) and 100,000,000 Dinars (USD 85,839). For repeated crime, it is between 100,000,000 Dinars (USD 85,839) and 200,000,000 Dinars (USD 171,675)
Closure of the commercial store or enterprise for a period of not less than 15 days and not exceeding 06 months, together with the publication of the judgment at the expense of the infringer.
Parties may resolve their dispute out of court only if agree to do so.
The customs authority acts in accordance with the order of the court.
Preliminary measures before the Investigating Magistrate are effective. Through the preliminary measures, the brand owner may request the seizure of the specific instruments and tools used in the commission of the offense as well as the goods, wrapping materials, papers, hang tags, stickers, etc., which bear the mark of the subject matter of the offense. Such an order can be issued without notice to the defendant if it was proved that the delay would cause irreparable damage to the brand owner or there is a risk evidence of the infringement will be lost. Following this, a civil suit may be filed in 30 working days.
Yes, the lack of procedural norms to regulate border enforcement is a serious problem.