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The extent of formality of disposal of intellectual property rights | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 2, December 2024, Pages 447-462 PDF (960.22 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.183575 | ||
| Authors | ||
| Roshna Akram Saad* 1; Hiwa Ibrahim Al-Haidari2 | ||
| 1Law College Salahaddin University-Erbil | ||
| 2College of Law/ Saladin University - Erbil | ||
| Abstract | ||
| There is ambiguity regarding the position of the Iraqi legislator regarding the extent of the formality requirement for concluding legal actions related to intellectual property rights resulting from the difference in the provisions regulating that, as writing was required for the legal disposition of the work, as it is the subject of copyright, but without clarifying the type of writing required, is it official or customary? While the Iraqi legislator did not require writing regarding the legal disposition of the patent, having contented himself with the phrase (indicating the disposition), while he did not address any type of formality regarding the legal dispositions contained in the trademark, and this is also in contrast to the position of the Egyptian and French legislator. One of the most important conclusions we reached is that neither the Iraqi legislator, nor the Kurdish, Egyptian, nor French legislator has specified an official body for registering works or registering the legal actions contained therein. The legal disposition of a patent is a consensual disposition that takes place without the necessity of writing between the parties, and the contract contained in the trademark is consensual and not formal, as the legislator does not require any formality regarding the transfer of ownership of the trademark, mortgage, or licensing. In light of this, we presented a set of legislative amendments. | ||
| Keywords | ||
| Formalism; disposition indication; intellectual property rights | ||
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