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The law applicable to patents in private international law | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 25, Volume 16, Issue: 1 part 2, June 2025, Pages 553-570 PDF (587.52 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.159849.1339 | ||
| Author | ||
| Raghad Abdul Amir Mazloum* | ||
| College of Law and Political Science / University of Diyala | ||
| Abstract | ||
| Patents are an important legal concept in the field of industrial property, requiring legal and international protection for patents. Intellectual property is an important field due to its vital and effective role in developing countries' economies. The technological and economic development experienced by most developed countries requires focusing the study on the field of patents, which calls for inventors to obtain patent rights in exchange for their intellectual, industrial, and technical production. This right may be subject to infringement by other parties from different countries, which may result in a conflict between the laws of countries, ultimately determining which law should be applied to patents. In response to this progress and development, the need for the emergence and increase of patents has increased, potentially making them vulnerable to exploitation, infringement, and distortion. This has prompted many countries to devote their efforts, both domestically and internationally, to surrounding these patents with protective rules that define the applicable law by stipulating specific assignment rules. International agreements also stipulate strict legal provisions, starting with the Paris Convention of 1883, which constitutes the basis for international patent protection. This Convention provides comprehensive international provisions and principles that define the applicable law to patents. All of these protective rules are merely solutions to conflicts of laws in the field of patents. | ||
| Keywords | ||
| Applicable law; patents; private international law; international agreements | ||
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