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The extent to which it is permissible to mortgage a work - a comparative study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 7, Volume 14, Issue: 2 part 2, December 2024, Pages 135-163 PDF (750.58 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.147883.1214 | ||
| Authors | ||
| Roshna Akram Saad* 1; Hewa Ibrahim Qadir Alhaidary2 | ||
| 1Law College Salahaddin University-Erbil | ||
| 2Salahaddin University, Erbil | ||
| Abstract | ||
| Despite the great importance of the work, as it is the subject of copyright, and many legal actions are subject to it, the Iraqi legislator, as well as the Egyptian and French legislators, did not explicitly address the possibility of pledging the work, in contrast to what was the case when they stated the permissibility of pledging the mark. Commercial property, as it is the subject of industrial and commercial property rights, and hence the question arises about the extent to which the work can be mortgaged as security for a debt owed by the author. Within the research, we concluded that it is permissible to mortgage the work in Iraqi law, and in the face of this legislative deficiency, we presented a recommendation to the Iraqi legislator on the necessity of regulating the mortgage of the work in the Copyright Protection Law with special provisions commensurate with the intangible nature of the work, taking into account the specificity of concluding the mortgage related to it, and overcoming the problem of its possession by registering it, pawning the work in a special register with a competent authority. | ||
| Keywords | ||
| mortgage of the work; possessory mortgage; mortgage without possession; seizure of the work; mortgage registration | ||
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