IRAQ - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization. The Conventions regulated for the country are - Paris Convention.

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.

Classification:

the International Classification of Goods and Services (7th Edition) is followed with local sub-classification system is followed.

Local Classifications:

In Iraq classes are subdivided and the wording the list of good to be included in the application must be in conformity with the local classification.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 90 days from publication date.

Power of Attorney:

General Power of attorney is sufficient for continuous application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the Mark for a period of 3 years from registration date.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and May be recorded for registrations only.

License:

License recordation is compulsory to be effective against third parties and May be recorded for registrations only.

Merger:

May be recorded for registered marks.

Change of Name/Address:

May be recorded for applications and registrations.

Time Frame:

Conducting search is between 10 to 20 working days, Registration/Renewal process is within 24 to 36 months and Recordation process within 12 to 24 months.

Filing Requirements:

  • Power of Attorney duly legalized at our end.
  • A priority document if priority is to be claimed.

Renewal:

  • Power of Attorney duly legalized up to the Consulate of Iraq and further legalized locally at our end. (in case we are not the agents of record).

Assignment:

  • Power of Attorney signed by assignee duly legalized up to Iraq consulate and further legalized locally at our end.
  • Deed of assignment signed by both parties duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the Consulate of Iraq.
  • License agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Consulate of Iraq and further legalized locally at our end.
  • Certificate of Merger signed by both parties duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Consulate of Iraq and further legalized locally at our end.
  • Certificate of change of name duly legalized as above (No Additional documents for Change of Address).

Protection Term:

The term of protection is 20 years from filing date.

Annuities:

maintenance fee is due annually and calculated based on the submission date of the last supporting document and is payable after the granting of the patent.

Opposition:

Patent applications accepted by the Registrar are published in the Patent Bulletin. Oppositions may be filed at any time after grant of the patent.

Search:

Not Applicable.

Examination:

As to form, novelty, inventiveness and industrial applicability.

Compulsory License:

A patent has to be worked. If the patent is not being fully exploited by the patentee within 3 years from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.

Novelty Requirements:

Absolute novelty is required.

Filing Requirements:

  • Power of Attorney duly legalized up to the Consulate of Iraq.
  • Deed of Assignment duly legalized as above, if the applicant is not the inventor.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by the assignee and duly legalized up to Iraq consulate and further legalized locally at our end.
  • Deed of assignment signed by both parties duly legalized as above.

License:

  • Power of Attorney duly legalized up to the Consulate of Iraq.
  • License agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Consulate of Iraq and further legalized locally at our end.
  • Certificate of Merger signed by both parties duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Consulate of Iraq and further legalized locally at our end.
  • Certificate of change of name/address duly legalized as above.

Protection Term:

10 years from filing date.

Examination:

As to form, novelty and industrial applicability.

Annuities:

Payable annually.

Applications with Multiple Figures:

Admissible

Filing Requirements:

  • Power of Attorney duly legalized up to the Consulate of Iraq.
  • Deed of Assignment duly legalized as above. if the applicant is not the inventor.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to Iraq consulate and further legalized locally at our end.
  • Deed of assignment signed by both parties duly legalized as above.

License:

  • Power of Attorney signed by both parties duly legalized up to the Consulate of Iraq and further legalized locally at the ministry of foreign affairs.
  • License agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Consulate of Iraq and further legalized locally at our end.
  • Certificate of Merger signed by both parties duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Consulate of Iraq and further legalized locally at our end.
  • Certificate of change of name/address duly legalized as above.