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POL-47

This is a proposal for discussion, not an enacted law.

Ali Zuweid’s Political Programme · Economy, Public Finance, Investment and Labour

Intellectual Property, Innovation and Technology Transfer Law

A unified legislative framework that protects intellectual property rights, addresses fragmented laws and procedures, and turns research and innovation into assets capable of commercialization and technology transfer without sacrificing competition, health, education or the public interest.

Code
POL-47
Version
1.0
Updated
7 October 2026
Scope
Republic of Iraq

Executive Summary

This document proposes a comprehensive Iraqi law to replace three principal, separate legislative frameworks originating in 1957, 1970 and 1971, while retaining existing government offices rather than creating a new agency. It adds modern rules on digital filing, international applications under the PCT, digital works, trade secrets, state-funded research, sharing innovation revenues, university spin-offs, technology transfer, and safeguards for competition, health and food security to traditional protection.

Choosing a unified law does not mean concentrating every power in a single institution. The proposal separates policy and coordination from examination, registration and enforcement: the patent, trademark and copyright authorities continue performing their functions, linked by a unified platform and a coordinating committee without a separate staff establishment or budget. The aim is consistent rules and easier access while avoiding costly bureaucratic reconstruction.

Constitutional and legal context

The reform rests on Article (25) of the Constitution, which provides for economic reform on modern foundations and encouragement of the private sector; Article (26), concerning investment promotion; and Article (34/Third), requiring the state to encourage scientific research and support excellence, creativity and innovation. This foundation permits a law that treats intellectual property not merely as registration, but as an economic and legal infrastructure connecting research, investment and production.

The current system is divided among the Trademarks and Trade Descriptions Law No. (21) of 1957, as amended; the Patents and Industrial Designs Law No. (65) of 1970, expanded through amendments in 2004 and 2015 to cover undisclosed information, integrated circuits and plant varieties; and the Copyright Protection Law No. (3) of 1971, as amended. Executive responsibilities are also distributed among several government bodies. This fragmentation does not mean protection is absent, but it makes modernization, procedures, commercialization and technology transfer less consistent.

Institutional map after reform
AreaBodyEffect
Patents and industrial designsCompetent authority within the Central Organization for Standardization and Quality ControlRetained, with digitization and unified interconnection
Trademarks and geographical indicationsCompetent authority in the Ministry of Industry and MineralsRetained, with a unified electronic register and search facility
Copyright and related rightsCompetent national centre in the Ministry of Culture, Tourism and AntiquitiesRetained, with voluntary deposit and regulated collective management
International coordination and policyNational Coordinating CommitteeCoordination without an independent agency or new staff establishment

Problems with current legislation

The central problem is not the absence of every element of protection, but their historical accumulation in separate texts subject to scattered amendments, with differing terminology, procedures and authorities. Iraq has been a party to the Paris Convention since 1976, the Singapore Treaty since 2014, the Patent Cooperation Treaty since 2022 and the Marrakesh Treaty since 2024. Yet the national framework still needs unified drafting that connects these commitments to clear digital procedures and balanced rights.

Current institutional activity also shows that the system is operating: in 2026, the Patent Directorate of the Central Organization for Standardization and Quality Control published data on domestic applications, PCT applications, grants and examination. The task is therefore not to dismantle existing bodies but to improve their efficiency, connect them through a single process serving investors, researchers, courts and customs, and establish rules for technology transfer and commercialization of research results that traditional registration arrangements do not adequately provide.

Iraq also remains in the process of accession to the World Trade Organization. The draft therefore clearly distinguishes treaties already in force from TRIPS standards adopted as a reference for reform and accession preparation, without incorrectly describing them as obligations of existing membership.

Legislative design

The draft establishes a single system in twelve chapters. It begins with principles and digital administration, then regulates patents, utility models, designs, integrated circuits, trademarks, geographical indications, copyright, trade secrets and plant varieties. It then addresses what traditional legislation lacks: ownership of state-funded research results, how researchers and institutions share the revenues, when a spin-off may be established, and how technology licensing, the public interest and competition are managed.

The draft avoids extending monopolies beyond what is necessary. It recognizes exceptions for research, education, access for persons with disabilities, interoperability and lawful reverse engineering; protects parallel imports of genuine goods; and regulates compulsory licensing and government use in the public interest. It also confines criminalization to intentional counterfeiting and piracy on a commercial scale and prevents reasonable civil disputes from becoming punitive instruments.

Draft Intellectual Property, Innovation and Technology Transfer Law

Form of legislation: A unified federal law replacing the three principal laws after a transitional period, while preserving the competent offices and existing rights and registrations through explicit transitional provisions.

Statement of reasons

This law is enacted to modernize intellectual property legislation and unify its principles and procedures; strengthen scientific research, innovation, investment and technology transfer; balance creators' and inventors' rights with the public interest, competition, health and education; align national procedures with treaties in force and Iraq's integration into the international trading system; and provide a legal basis for commercialization of state-funded research results and governance of licensing and intellectual assets.

Explanatory memorandum

1. Why a unified law?

Amending a patent law alone does not resolve fragmentation across trademarks, copyright and university technology, while amending each law separately leaves differences in procedures, terminology and digital integration. The draft therefore unifies general rules, enforcement and transition while retaining executive responsibilities across existing bodies. The unity is legislative and digital, rather than administrative centralization.

2. Research and the economy

For the first time, the law provides a clear general model for state-funded results: disclosure, institutional decision, reversion to the researcher where the institution is not interested, a minimum innovator share of net revenue, state rights of public use and regulation of spin-offs. These rules reduce disputes among researchers, universities and commercial partners and turn a patent from a certificate on the wall into a licensable asset.

3. Balance with health, education and competition

Strong protection does not mean absolute monopoly. The draft provides controlled compulsory licensing and government use; research, education and disability-access exceptions; exhaustion for genuine goods; a regulatory exception for medicines before patent expiry; and safeguards against abusive enforcement. These are essential balancing mechanisms, not incidental exceptions.

4. The digital environment

The draft recognizes digital applications and certificates and establishes rules for online content, intermediaries, technological measures, text and data analysis and software. It specifies that authors and inventors must be human while permitting automated systems as tools. The aim is to avoid a legislative vacuum without granting exclusive rights to automated outputs devoid of human creativity.

5. International relations

The law distinguishes existing from future obligations. Iraq is a party to Paris, the PCT, Singapore and Marrakesh and a WIPO member, while WTO accession remains in progress. The draft therefore treats TRIPS as a standard useful in accession preparation rather than an obligation already in force, preserving flexibilities serving Iraq's interests.

Financial and Implementation Implications

The draft creates neither an independent agency nor a new fund, concentrating costs on three measurable areas: upgrading registers and the shared platform, training examiners and judicial and border personnel, and connecting data. It requires a three-year cost plan within 180 days rather than inserting a financial figure unsupported by an implementation study.

Costs can be reduced by reusing existing government digital infrastructure, proportionate fees, lawful technical cooperation with WIPO and others, and shared technology transfer offices across universities rather than requiring each institution to create a complete unit.

Legislative transition

Preparatory provisions take effect upon publication, with full entry into force after twelve months. During that period, regulations are issued, digital links established and registers reviewed. Articles (176–178) preserve existing rights, applications and contracts so that replacing the law does not invalidate a proper registration. At full entry into force, the three principal laws are repealed to the extent addressed by the new law.

International reference framework and comparative value

ReferenceIraq's statusReflection in the draft
Paris ConventionIn force since 1976Priority, treatment and industrial property rules
Patent Cooperation Treaty (PCT)In force since 30 April 2022Explicit national-phase and international application procedures
Singapore TreatyIn force since 29 November 2014Simplified trademark formalities without excessive requirements
Marrakesh TreatyIn force since 23 July 2024Clear exception for accessible-format copies and their exchange
WTO / TRIPSIraq remains in the accession processReform reference, not an existing membership obligation

The draft does not presume Iraqi membership of the Berne Convention, Madrid or Hague systems or UPOV, nor automatically authorize government accession. Any later accession must be preceded by an impact study and the required legislation or constitutional procedure.

Sources and references

  1. Constitution of the Republic of Iraq — Iraqi Council of RepresentativesArticles 25 and 26 on economic reform and investment promotion, and Article 34/Third on scientific research and innovation.
  2. WIPO Lex — Iraq profileLists the principal current laws: Trademarks Law No. 21 of 1957, as amended; Copyright Law No. 3 of 1971; and Patents Law No. 65 of 1970.
  3. WIPO Lex — Patents Law No. 65 of 1970The foundational patent and design framework, with subsequent amendments.
  4. WIPO Lex — Order 81 of 2004Expanded the Patents Law to cover undisclosed information, integrated circuits and plant varieties.
  5. WIPO Lex — Law 58 of 2015Fourth amendment to the Patents Law, effective from January 2016.
  6. WIPO Lex — Trademarks Law No. 21 of 1957, as amended through 2010The current framework for trademarks, names and geographical indications.
  7. Ministry of Justice — Copyright Protection Law and amendmentsAn official translated version referring to Copyright Law No. 3 of 1971 and its amendments.
  8. WIPO Lex — Copyright amendment of 2004Introduced extensive amendments concerning digital rights, protection and enforcement.
  9. WIPO — Treaties in force for IraqConfirms entry into force of the Paris Convention, PCT, Singapore Treaty, Marrakesh Treaty and WIPO Convention.
  10. WIPO — Iraq intellectual property profileIdentifies Iraq's principal national intellectual property offices.
  11. Central Organization for Standardization and Quality Control — Patent DirectorateNational services and registers for patents, designs and PCT applications.
  12. Central Organization for Standardization and Quality Control — June 2026 reportRecent indicators of patent and design application and examination activity.
  13. Ministry of Higher Education — Turning knowledge into economic valueA recent indication of the priority given to transferring university knowledge and technology to productive sectors.
  14. WTO — Iraq accession statusIraq remains in the World Trade Organization accession process; TRIPS commitments are therefore not treated as obligations of current membership.
  15. WTO — Resumption of Iraq accession negotiations, 2024Explains the resumption of accession working-party activity and review of the legislative action plan.

The document relies on official or international texts and pages available through 7 October 2026. If a translated version or database conflicts with the text published in the Iraqi Gazette, the official text in force prevails.

Ali Zuweid’s Political Programme · POL-47 · Version 1.0

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