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POL-65

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

Ali Zuweid's Political Programme

Proposed draft law · Education, Scientific Research, Culture, Youth and Sport

Scientific Research, Innovation, Technology Transfer and Research Commercialisation Law

Document numberPOL-65
Version1.0
Publication and update date
ScopeRepublic of Iraq

Executive summary

Iraq's research institutions underwent significant change following the Ninth Amendment to Ministry of Higher Education and Scientific Research Law No. (40) of 1988, enacted through Law No. (17) of 2024, which re-established the Scientific Research Authority as a legal person with administrative and financial independence attached to the Ministry, tasked with advancing research, technological development and technology transfer and localisation. At the same time, the Ministry's central Research and Development Department continues to set research policy, support innovation, commercialise scientific outputs and manage entrepreneurial projects and incubators. Iraq thus has foundational institutions to build upon. The real legislative need is not a new authority but regulation of the research and innovation cycle, from funding to integrity and data, then technology transfer and commercialisation.

The National Education Strategy 2022–2031 confirms this direction, treating research and innovation as a distinct strategic issue and calling for research funding, centre development, commercialisation, cross-sector cooperation and intellectual property protection. Ministry practices in 2026, from technology incubators to Science Day awards, likewise show existing elements that need consistent, stable rules beyond changing administrative programmes.

The Law proposes a national competitive grants facility within the Scientific Research Authority without a new legal entity, establishing transparent calls, peer review, conflict-of-interest, disbursement and audit rules. It shifts assessment from publication counts to multiple indicators and recognises that a failed scientific hypothesis is not financial failure where work is honest and methodologically sound—an essential distinction for genuine research.

For integrity, the proposal regulates fabrication, falsification, plagiarism, fictitious authorship, investigation, whistleblower protection and correction of the scientific record. For open science, publicly funded publications must be deposited in institutional or national repositories within a reasonable period, with data management and access rules subject to privacy, confidentiality, intellectual property and security exceptions.

For technology transfer, offices receive clear functions from disclosure to assessment, protection, licensing and spin-offs. The Law regulates third-party-funded research, brief publication delays for patent protection, exclusive licences conditional on development milestones and transparent net commercialisation revenue sharing that directly incentivises innovators. It does not replace patent or general intellectual property law; it governs ownership, management and commercialisation of publicly funded institutional research results.

Financially, the proposal mandates neither a fixed GDP or budget percentage nor permanent unfunded allowances. It establishes competitive funding and multi-year planning within Budget Law allocations, allowing private and international co-financing. This is more sustainable and less vulnerable to constitutional problems encountered when higher education legislation added fiscal burdens without government approval.

Legislative gap

Existing institutions establish who manages research but do not provide a unified public research life cycle: how grants are advertised, review conflicts prevented, scientific failure distinguished from fund misuse, data retained and released, employee inventions owned, licensing returns shared, university protection decisions timed, public-laboratory spin-offs formed, or fabrication and falsification investigated.

These gaps create inconsistent institutional practices and leave details to individual contracts or changeable administrative instructions. Traditional publication-only emphasis is insufficient: some research should be published immediately, some needs patent protection first, and some yields data, software, public policy, medical protocols or engineering solutions not measured by publication value alone.

The second gap is funding. National strategy calls for increased resources, but a rigid statutory percentage may be inflexible and conflict with budget constraints. A competitive mechanism within the existing Authority, with transparency, review and indicators, is more appropriate, leaving annual amounts to the Budget Law and a medium-term financial plan.

The third gap concerns openness and protection. Publicly funded research should benefit the public and make publications and data as accessible as possible. Premature disclosure can nevertheless destroy patent opportunities, while health, security and trade-secret data cannot be released indiscriminately. The proposal uses openness by default with reasoned exceptions and short periods to protect rights before publication.

Proposed legislative policy

  • Build on existing institutions: No new authority; use the existing Scientific Research Authority, Research and Development Department and patent directorate.
  • Auditable competitive funding: A facility within the Authority, public calls, independent review and recorded conflicts of interest.
  • Separate quality from quantity: Do not reduce research to publication numbers or journal impact factors.
  • Enforceable integrity: Clearly define fabrication, falsification and plagiarism, with independent investigations and whistleblower protection.
  • Responsible open science: Make public research and data accessible while protecting privacy, intellectual property and security.
  • A route from laboratory to user: Disclosure, assessment, protection, proof of concept, licensing, spin-offs and impact monitoring.
  • Innovator incentives: A direct, clear share of net commercialisation revenue rather than changeable discretionary rewards.
  • Protect publication rights: Permit brief patent-protection delays but not indefinite suppression of negative results by funders.
  • Fiscal discipline: No fixed budget percentage or permanent commitment without lawful appropriation.

Draft law text

Reasons for enactment

To develop research and innovation law; regulate public research funding competitively and transparently; strengthen integrity, ethics and open science; define researcher, student and institutional rights; connect results to society and the economy through professional transfer, licensing and spin-offs; regulate revenue sharing; and integrate Authority, Department, university and intellectual property responsibilities without parallel bodies, this Law is enacted.

General explanatory memorandum

1. Why a separate law after establishing the Authority?

The Ministry law establishes the Authority, objectives, centres and resources but does not detail competitive grants, integrity, open science, institutional ownership, revenue sharing, licensing, spin-offs or data. The existing Authority makes implementation easier: the Law supplies clear tools rather than starting from zero.

2. Why not an independent fund?

A separately incorporated fund with new administration and staff adds cost and overlap. The proposal instead creates a national competitive grants facility within the Authority with separate accounts, allowing annual budget adjustments without legislative amendment and lawful external grants and revenues to support programmes.

3. Why no fixed budget share?

Fixed percentages are politically attractive but do not ensure spending quality and may create commitments unsuited to budget cycles. The 2025 federal ruling on parts of the Ministry amendment highlighted the sensitivity of additional legislative fiscal burdens. The proposal favours multi-year funding and clear competitions, leaving annual amounts to the budget rather than a fixed statutory slogan.

4. Who owns a public-employment invention?

The proposal distinguishes employment-related or predominantly publicly funded inventions from independent innovation. In the former, institutions receive economic rights while inventors retain attribution, moral rights and revenue shares; in the latter, researchers retain ownership. This prevents both institutional appropriation of every employee idea and privatisation of publicly funded results without institutional return.

5. Why a 40% innovator share?

A fixed share removes unequal institutional bargaining and makes commercialisation a predictable incentive. After direct protection and marketing costs, innovators collectively receive 40%, the originating unit 20% to support the environment producing the technology, and the institution 40% for research and innovation. This measurable statutory rule does not affect patent conditions or inventor recognition.

6. Why a short publication review period?

Universities must balance publication rights and patent protection. Thirty review days plus sixty additional filing days give offices practical protection time without turning commercial confidentiality into indefinite publication bans or suppression of negative findings.

7. Open science does not mean publishing everything

Public research is accessible by default, except personal data, trade secrets, classified information, highly sensitive technologies and rights under protection. Withholding should be reasoned and bounded rather than public data remaining automatically closed.

8. Scientific failure is not financial misconduct

Research is uncertain; a good experiment may refute a hypothesis. Punishing negative results encourages safe topics or exaggerated findings. Recovery therefore depends on fraud, misuse or deliberate concealment, not failure to achieve expected results.

Institutional map after enactment

Functions without a parallel apparatus
BodyPrincipal roleWhat it should not duplicate
Ministry of Higher EducationNational policy, regulations, instructions and government coordinationCentralised management of every grant or licence
Scientific Research AuthorityNational programmes, affiliated centres, competitive grants, national register and annual reportPostgraduate administration and routine university details
Research and Development DepartmentUniversity research policies, postgraduate studies, entrepreneurship, incubators, journals and scientific affairsA separate national grant platform outside the Authority
University/institutionProject, ethics, data, contract and internal research managementIntellectual property rules contradicting national law
Technology transfer officeDisclosure, assessment, protection, marketing, licensing and spin-offsThe national patent office's functions
Patent and Industrial Designs DirectorateFiling, examination, grants and national industrial property registersUniversity revenue management or selection of commercial projects

Competitive funding framework

The main shift is from some non-competitive administrative allocation towards published programmes with different objectives. Basic research needs different criteria from industrial projects; small early-career grants should not bear the same administrative load as major national centres.

Proposed programme models
ProgrammeDominant criterionExpected output
Open basic researchOriginality, method and team capabilityVerifiable knowledge and publications, data or tools
National priorityQuality + problem relevance + user partnerApplicable solution, policy or model
Early-career researcherPotential and career development planScientific independence and an initial laboratory or team
University–industryTechnical contribution and joint commitmentPrototype, process or new service
Proof of conceptReducing technical and market risksTechnology ready for licensing or investment
Research infrastructureNational need and shared useLaboratory or platform serving multiple teams and institutions

Technology transfer and commercialisation framework

The proposal separates protection from commercialisation. Patents are not ends in themselves: open publication may best serve some research, non-exclusive multi-company licences other research, while expensive technologies may require an exclusive development investor. Sound decisions begin with potential use, not patent counts.

  1. Researcher disclosure of protectable results.
  2. Assessment of novelty, technical and market value and public need.
  3. A timely decision on protection or open publication.
  4. Proof-of-concept funding where a laboratory-to-market gap exists.
  5. Select a strategy: licensing, collaborative research, spin-off, research service or open access.
  6. Negotiate contracts with performance milestones and public-interest safeguards.
  7. Collect and distribute returns in an auditable manner.
  8. Monitor exploitation and impact and end exclusivity for non-performance.

An important rule: The Law does not turn every research project into a business. Universities also produce basic knowledge, public rights, policy and culture. Technology transfer is a route for applicable results, not the sole measure of university value.

Transitional provisions and implementation requirements

Implementation begins with harmonised rules, not wholesale restructuring. The Authority, Department, university offices and centres already operate. The first year requires division of functions, launch of the national register and common grant, disclosure, intellectual property and integrity templates.

  1. Months 0–6: Prepare foundational regulations, establish platform-harmonisation teams and approve model grant agreements and disclosure policies.
  2. Months 6–12: Launch initial competitive rounds, issue the national intellectual property policy model and train technology transfer offices.
  3. Second year: Complete and connect the national register, approve research and data repositories and implement annual reporting.
  4. Third year: Externally evaluate grants, transfer offices and incubators and consolidate duplicate programmes and platforms.
  5. After five years: Review legislative impact, funding, revenue sharing and security and data exceptions.

Financial and implementation impact

Published data alone cannot support a reliable national cost because the Law reorganises existing expenditure and adds functions whose costs depend on annual allocations. The proposal therefore provides a costing methodology rather than a falsely precise figure.

Cost sources and controls
ItemNatureProposed control
Research grantsVaries annuallySet through budgets and funding plans, not a fixed statutory percentage
Register and platformEstablishment and operationIntegrate existing systems and avoid duplicate platforms
Technology transfer officesLimited staffing/trainingShared regional offices for smaller institutions
Patent protectionCase-specificProtect viable results rather than every disclosure
Proof of conceptCompetitive and high-riskMilestone funding discontinued if technology fails its gates
Revenue sharingFrom realised receiptsNo budget burden; distribution from net revenue once received

Constitutional and financial rule: Announcing a research programme does not itself create a permanent treasury obligation. Competition begins after lawful appropriation or grant availability, with amounts announced before applications. Programmes can thus expand with resources or contract without suspending legislation.

Useful international references

WIPO: The organisation's tools show effective technology transfer beginning with disclosure, rights assessment, protection, development, marketing strategy, negotiation and monitoring. Institutional intellectual property policy should regulate ownership, disclosure, revenue sharing, conflicts and spin-offs. The proposal adopts this approach while retaining the Iraqi patent office as national registrar.

UNESCO Open Science: The international framework balances access to knowledge, data and open infrastructure with diverse national laws. The proposal therefore uses public access with justified privacy, intellectual property and security exceptions rather than an 'everything open' rule.

OECD research data framework: This supports moving from merely publishing files to data governance: responsibility, ownership, technical standards, sustainable infrastructure, incentives, skills and international cooperation, reflected in data plans, repositories and interoperability.

PCT: Iraq's Patent Cooperation Treaty membership since 2022 gives Iraqi innovators an international protection route. Transfer offices therefore need early protection decisions before publication where technology has value beyond domestic markets.

Sources and references

  1. Constitution of the Republic of Iraq, 2005 — Iraqi Council of Representatives
    Constitutional basis for education, scientific research and general powers, rights and freedoms.
    https://iq.parliament.iq/%D8%A7%D9%84%D8%AF%D8%B3%D8%AA%D9%88%D8%B1-%D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82%D9%8A/
  2. Ministry of Justice — Iraqi Official Gazette issue 4785, Law No. (17) of 2024
    Ninth Amendment to the Ministry law, including the Authority's modern formulation, objectives, centres and resources.
    https://www.moj.gov.iq/view.8306/
  3. Ministry of Justice — Iraqi Official Gazette issue 4838, Federal Supreme Court decision 207/Federal/2024
    Records the 19 August 2025 ruling finding Articles (2) and (11) of Law No. 17 of 2024 unconstitutional, an important constraint on new institutional or financial amendments.
    https://www.moj.gov.iq/view.9690/
  4. Ministry of Higher Education and Scientific Research — Research and Development Department
    Describes current research policy, innovation, commercialisation, entrepreneurship, higher education incubator and Authority secretariat functions.
    https://mohesr.gov.iq/ar/ministrySection/49
  5. Ministry of Higher Education and Scientific Research — Scientific Research Authority
    Documents the Authority's existence and activity in 2026 and its continuing centres and research outputs.
    https://www.mohesr.gov.iq/ar/homeNews/newsTerm/58
  6. National Education Strategy in Iraq 2022–2031
    Treats research and innovation strategically, with funding, commercialisation, centre development, intellectual property and scientist attraction programmes.
    https://dirasat.mohesr.gov.iq/assets/documents/files/National-Strategy-Education.pdf
  7. Ministry of Higher Education — Technology incubator opening at Middle Technical University, 13 April 2026
    A recent example of incubator and innovation policy linking academia with employment and the knowledge economy.
    https://mohesr.gov.iq/ar/post/%D9%88%D8%B2%D9%8A%D8%B1-%D8%A7%D9%84%D8%AA%D8%B9%D9%84%D9%8A%D9%85-%D9%8A%D9%81%D8%AA%D8%AA%D8%AD-%D8%A7%D9%84%D8%AD%D8%A7%D8%B6%D9%86%D8%A9-%D8%A7%D9%84%D8%AA%D9%83%D9%86%D9%88%D9%84%D9%88%D8%AC%D9%8A%D8%A9-%D9%88%D9%85%D8%B9%D8%B1%D8%B6-%D8%A7%D9%84%D9%88%D8%B8%D8%A7%D8%A6%D9%81-%D9%88%D8%A7%D9%84%D8%A7%D8%A8%D8%AA%D9%83%D8%A7%D8%B1-%D9%81%D9%8A-%D8%A7%D9%84%D8%AC%D8%A7%D9%85%D8%B9%D8%A9-%D8%A7%D9%84%D8%AA%D9%82%D9%86%D9%8A%D8%A9-%D8%A7%D9%84%D9%88%D8%B3%D8%B7%D9%89-2026-04-13-15
  8. Ministry of Higher Education — Iraqi Science Day Awards 2025, announcement dated 23 August 2026
    Describes existing research, project, centre and scientific-unit incentives.
    https://mohesr.gov.iq/ar/post/%D8%A7%D9%84%D8%AA%D8%B9%D9%84%D9%8A%D9%85-%D8%AA%D8%B9%D9%84%D9%86-%D8%A5%D8%B7%D9%84%D8%A7%D9%82-%D8%A7%D9%84%D8%AA%D9%82%D8%AF%D9%8A%D9%85-%D8%A5%D9%84%D9%89-%D8%AC%D9%88%D8%A7%D8%A6%D8%B2-%D9%8A%D9%88%D9%85-%D8%A7%D9%84%D8%B9%D9%84%D9%85-%D9%88%D8%AA%D8%AD%D8%AF%D8%AF-%D8%B4%D8%B1%D9%88%D8%B7-%D8%A7%D9%84%D8%AA%D8%B1%D8%B4%D9%8A%D8%AD-2026-08-23-16
  9. Central Organization for Standardization and Quality Control — Patent and Industrial Designs Directorate
    National body for patent and industrial design procedures, filing, publication and databases.
    https://www.cosqc.gov.iq/service/patent
  10. Central Organization for Standardization and Quality Control — Patent statistics for June 2026
    Recent data confirming filing, examination, grants and institutional industrial property service development.
    https://www.cosqc.gov.iq/news/detail/63
  11. WIPO Lex — Iraqi Patent and Industrial Designs Law No. 65 of 1970, as amended
    Reference for existing patents, industrial designs, undisclosed information and related amendments.
    https://www.wipo.int/wipolex/ar/legislation/details/10343
  12. WIPO — Iraq's accession to the Patent Cooperation Treaty (PCT)
    Effective for Iraq on 30 April 2022, opening international filing routes to Iraqi inventors.
    https://www.wipo.int/ar/web/pct-system/w/news/2022/news_0006
  13. WIPO – Knowledge and Technology Transfer
    Reference for knowledge and technology transfer stages from disclosure, assessment and protection to development, licensing, spin-offs and impact monitoring.
    https://www.wipo.int/en/web/technology-transfer
  14. WIPO – IP Policies for Universities and Research Institutions
    Explains institutional intellectual property policy components: ownership, disclosure, protection, marketing, revenue sharing, conflicts and spin-offs.
    https://www.wipo.int/en/web/technology-transfer/ip-policies
  15. UNESCO – Recommendation on Open Science (2021)
    International open science framework for knowledge access, open infrastructure, capacity and cooperation, respecting national laws, rights and differences.
    https://www.unesco.org/en/legal-affairs/recommendation-open-science?hub=66535
  16. OECD – Access to research data from public funding toolkit
    Modern framework for public research data governance and access, with accountability, technical standards, sustainable infrastructure, incentives and protection.
    https://www.oecd.org/en/toolkits/access-to-research-data-from-public-funding-toolkit.html

The draft establishes current legal and institutional context from legislation, the Iraqi Official Gazette, Higher Education Ministry and Central Organization for Standardization and Quality Control. WIPO, UNESCO and OECD references inform transfer, open science and data rules rather than replacing Iraqi law.

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