Page:20040426 CPAORD 81 Patents Law.pdf/14

{|
 * || of this Chapter, without notifying the defendant. The court may grant the rights holder’s request if any of the following is proven:

- the design was infringed;

- infringement is imminent, and may cause irreparable harm; or

- the risk that the evidence will disappear or be damaged is great.

1. If the right holder does not file the lawsuit within eight days from the date of the court's order for precautionary procedures, the ordered procedures shall be deemed canceled.

2. The defendant may appeal the court's decision to order precautionary procedures to the Court of Appeals within eight days from the date of the defendant's notification of the decision. The Court of Appeals' decision shall be final.

3. The defendant may claim compensation for damages if it is proved that the plaintiff was unjustified in his claim for precautionary procedures or the plaintiff did not bring the lawsuit within the period prescribed in item 2 of this paragraph.

C. The defendant may seek compensation for the damages suffered, if the court concludes that the plaintiff’s lawsuit is without merit.

D. The court may, in all cases, seek the opinions of experts and specialists.

E. The court may order the confiscation of the infringing products and the material and tools mainly used in infringement upon the design of these products. The court may also order destruction of these products, material and tools or dispose of them for any noncommercial purpose.”
 * 49)||Chapter Threeter, Article 17 is added to read as follows: “The Minister shall issue the necessary regulations for implementing the provisions of this Law including fixing the fees to be assessed.”
 * 50)||Chapter Threeter, Article 18 is added to read as follows: “The protection of layout designs of integrated circuits provided under this Law shall be extended to foreigners, whether natural or juridical persons, on a basis no less favorable than that accorded to Iraqi nationals with regard to the protection and enjoyment of such rights and any benefits derived from such rights.”
 * }Rh
 * 50)||Chapter Threeter, Article 18 is added to read as follows: “The protection of layout designs of integrated circuits provided under this Law shall be extended to foreigners, whether natural or juridical persons, on a basis no less favorable than that accorded to Iraqi nationals with regard to the protection and enjoyment of such rights and any benefits derived from such rights.”
 * }Rh