Patent Law and TRIPS: Refining the Patent Law of Iraq to Ensure Compliance with TRIPS

Abstract

Currently Iraq is not one of the members of the TRIPS Agreement, but in the accession process since 2004. Therefore, Iraqi Patent and Industrial Design Law No. 65 of 1970 has to be aligned with the TRIPS Agreement in order to fulfill the accession requirements. Hence, this research is comprised of legal comparative and analytical study to the significant provisions of the Iraqi Patent and Industrial Design Law No. 65 of 1970, before and after amendments among themselves and in comparison, to the provisions of the TRIPS Agreement. In this context the research finds out that the law No. 65 of 1970 through its amendments has attempted to conform to the TRIPS Agreement. Nevertheless, the research concludes that the Iraqi patent law needs further amendments in order to benefit from all the flexibilities that offered by the TRIPS Agreement to the member countries.