Page:20040426 CPAORD 81 Patents Law.pdf/12

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 * || B. Incorporation of the protected design in an integrated circuit if, on the basis of evaluation or analysis of the protected design, creates a design complying with the requirement of originality referred to in Article 3 (A);

C. Any of the acts as stipulated in subparagraph 2 of paragraph (A) of Article 8 of this Chapter with respect to:

1. a similar design that is original and which was independently created;

2. a design or an integrated circuit incorporated in which is a design offered on the market by the rights holder or the rights holder approved offering of such; or

3. an integrated circuit that incorporates an illegally reproduced design or a product that incorporates such circuit and alleged infringer when acquiring such circuit or product was unaware and could not have been aware that such circuit or product contains a design that was illegally reproduced, in compliance with Article 10 of this Chapter.”
 * 42)||Chapter Threeter, Article 10 is added to read as follows: “If a person commits an act stipulated in subparagraph 3 of paragraph (C) of Article 9 of this Chapter and the right holder had legally notified such person, then that person is entitled to dispose of the stocked products before being held liable provided that such person compensates the rights holder with a sum equivalent to reasonable revenues had such act been based upon a license between the parties.”
 * 43)||Chapter Threeter, Article 11 is added to read as follows:
 * 43)||Chapter Threeter, Article 11 is added to read as follows:
 * 43)||Chapter Threeter, Article 11 is added to read as follows:

“A. Protection of the design shall be effective from the date the application for registration is filed in Iraq.

B. The period of the design protection is ten years from the date of first commercial exploitation anywhere worldwide, such period shall, however, not exceed fifteen years from the date of creation of the design.”
 * 44)||Chapter Threeter, Article 12 is added to read as follows:
 * 44)||Chapter Threeter, Article 12 is added to read as follows:

“A. Any third party is entitled to request the cancellation of the design in the following cases:

1. the design is unregistrable due to lack of any of the conditions stipulated in Article 3 of this Chapter; or
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