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

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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 application and registrations.

License:

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

Merger:

May be recorded for application and registrations.

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 up to the Consulate of Iraq and further legalized locally at our end.
  • Certified Certificate of home or forgiven registration duly legalized as above.
  • 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).
  • Certified Certificate of home or forgiven registration duly legalized as above.

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 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 or extract from the commercial registration evidencing the change duly legalized as above.

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:

The patent Office has not set-up the capabilities to perform patent equivalent searches and there are no regularly published Official Gazettes which can be reviewed for granted patents. Accordingly, what we have been providing is a search based on our own internal database which usually accounts for roughly 22-26% of total kurdistani patent filings, depending on the year. However, for pharmaceutical patent applications/patents, we can perform a search with the Ministry of Health to determine whether any patents were listed with the registration of a particular medication as well as obtain a list of any generics which have been registered using the same Active Pharmaceutical Ingredient (API). In order to perform this search, it will be best if we can receive the originator’s brand name or at least the INN of the API, i.e. Lipitor (brand name) and/or atorvastatin (INN name).

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 kurdistan and further legalized locally at the ministry of foreign affairs.
  • Deed of Assignment duly legalized as above.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by both parties duly legalized up to kurdistan consulate and further legalized locally at the ministry of foreign affairs.
  • 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 kurdistan 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 kurdistan and further legalized locally at the ministry of foreign affairs.
  • 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 kurdistan and further legalized locally at the ministry of foreign affairs.
  • 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.

Renewal:

Not possible.

Annuities:

Payable annually.

Applications with Multiple Figures:

Admissible

Filing Requirements:

  • Power of Attorney duly legalized up to the Consulate of kurdistan and further legalized locally at the ministry of foreign affairs.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by both parties duly legalized up to kurdistan consulate and further legalized locally at the ministry of foreign affairs.
  • 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 kurdistan 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 kurdistan and further legalized locally at the ministry of foreign affairs.
  • 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 kurdistan and further legalized locally at the ministry of foreign affairs.
  • Certificate of change of name/address duly legalized as above.