IRAQ Law and Practice Contributed by: Ahmed Al-Janabi, MENA Associates in association with AMERELLER
7.3 Industrial Design Industrial design is regulated in Iraq by Law No 65 of 1970 on Patents and Industrial Designs (Patent Law) as amended by Law No 28 of 1999 and CPA Order No 81. It is defined as “every new arrangement of lines and shapes, coloured or uncoloured, used in industrial production”. The term of protection of industrial designs is ten years from the date of issue of the certificate. Registration Every industrial design must be separately applied for. An application must be submitted to the registrar of patents and industrial designs, containing a detailed description of the design. The application will be rejected in case of non- compliance with the conditions stipulated by law, but the applicant may appeal the decision within 30 days of the rejection. 7.4 Copyright Copyright Law No 3 of 1971 as amended by CPA Order No 83 governs Iraqi copyright and related rights, and protects the authors of original liter - ary, artistic and scientific works. No registration is required to obtain protection. The protection covers works expressed in writ - ing, sound, drawing, painting or movement, including: • written works of all types; • computer programs, whether in source or object code, which are protected as literary works; • works conveyed orally, such as lectures, les - sons, speeches and sermons; • works conveyed by drawing and painting with lines and colours, engraving, sculpture and architecture; • dramatic works and musical plays;
Registration Patent applications must be submitted in Arabic, contain a detailed description of the invention, and be accompanied by a number of docu - ments. Each application will be examined for conformity with formal requirements and patent - ability according to the Patent Law, and amend - ments may be requested. The application will be refused in cases of non-compliance with the required amendments within the given deadline. 7.2 Trade Marks Trade marks in Iraq are governed by Iraqi Trade Mark Law No 21 of 1957, which was amended pursuant to CPA Order No 80 on 26 April 2004. According to Article 1 of the Trade Mark Law, any mark that can be graphically represented and is suitable for distinguishing goods and services from other goods and services may be protected by a trade mark. The term “mark” includes trade marks, service marks, collective marks and cer - tification marks. Trade mark protection by registration may be obtained for ten years, and may subsequently be renewed every ten years. Registration Applications must be submitted in Arabic and accompanied by a number of documents. Use of trade marks is not a requirement for the filing of applications for registration. Application fees will be charged for each class. The registrar may impose any limitations or modifications it con - siders necessary in respect of the form, mode or place of use of the mark to prevent confu - sion between the mark and a similar registered mark, or for any other reason it may consider appropriate.
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