Patent and Industrial Design Registration in Iraq

The registration of patents and industrial designs in Iraq is governed by the Patent and Industrial Design Registration Law No. (65) of 1970, along with subsequent amendments. For any application to be accepted, the invention or design must fully comply with the requirements outlined in this law.

Restrictions on Registration

According to Article 3 of the law, certain inventions and designs are not eligible for registration:

1. Inventions whose exploitation would disrupt public morals, public order, or conflict with public interests.

2. Pharmaceutical and medicinal compositions.

3. Methods or tools used in financial, banking, or accounting operations.

4. Architectural plans and related three-dimensional designs.

The Requirement of Novelty

A core requirement for patents and industrial designs in Iraq is novelty. Under Article 4, an invention is not considered new if:

1. It has been publicly used in Iraq or abroad within the 50 years preceding the application date, or its description or drawings have been published in such a way that a skilled person could reproduce it.

2. A patent for the same invention (or a part of it) has already been granted to another individual, or if another person has applied for the same invention within that period.

However, this does not prevent a good-faith applicant who has already begun industrial exploitation of the invention from registering it.

Who Has the Right to Apply?

The law recognizes the following applicants as eligible for filing patent or design registrations:

1. Iraqi nationals and citizens of Arab states.

2. Foreign nationals residing in Iraq with a genuine place of business.

3. Foreign nationals from countries that apply the principle of reciprocity with Iraq.

4. Public institutions and authorities.

5. Companies, associations, or organizations established in Iraq or in countries applying reciprocity, provided they have legal personality.

In all cases, the patent must first be registered in the name of the inventor, unless it has already been registered abroad, in which case it may be registered under the name of the owning company, institution, or association.

Ownership of Patent Rights

Under Articles 8 and 9 of the law:

• The patent belongs to the holder of the official registration certificate or anyone to whom the rights have been legally transferred.

• If the invention is the result of joint work, the rights belong jointly to all inventors unless agreed otherwise.

• If multiple individuals independently arrive at the same invention, the patent is awarded to the first applicant.

• Employers hold the rights to inventions developed within the scope of employment contracts or work relationships, provided the invention was created in exchange for remuneration. In such cases, the patent may be registered under the employer’s name, though the inventor must be acknowledged in the certificate. If no compensation was predetermined, the inventor is entitled to claim fair remuneration.

Penalties for Infringement

To protect inventors, Iraqi law imposes criminal penalties under Article 44 of the same legislation. Offenders may face up to two years’ imprisonment, a fine of up to 1,000 Iraqi dinars, or both, in the following cases:

1. Counterfeiting an invention that has been officially registered.

2. Counterfeiting or imitating a registered industrial design.

3. Selling, distributing, importing, or storing counterfeit products or materials that include a registered invention or design.

4. Falsely claiming patent or design protection on products, advertisements, or trademarks.

5. Illegitimately seizing a certificate of patent or design previously registered inside or outside Iraq.

Conclusion

Patent and industrial design registration in Iraq is governed by clear legal standards that aim to balance the protection of inventors’ rights with public interest. Innovators, companies, and institutions seeking to protect their intellectual property must carefully ensure compliance with Law No. 65 of 1970 and its amendments to secure and maintain their rights.