Page:20040426 CPAORD 81 Patents Law.pdf/16

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 * || “A. A Register shall be regulated in the Ministry under the supervision of the Registrar and shall be called the “Register of New Plant Varieties” in which all the data related to the new plant varieties shall be maintained. The name, the names and addresses of breeders, the registration certifications and the resulting procedures and dispositions shall be registered, including:

1. Any transfer, assignment or transfer of title, or licensing from its owner to third parties for use while taking into consideration the confidentiality included in the license contract; and

2. The mortgage or lien on the protected variety or any limitation for usage of such.

B. 1. The public shall have the right to view the Register and the documents related to the rights granted to the breeder and to view the growth tests or any other necessary tests as stipulated in this Chapter according to the instructions issued by the Minister and published in the Official Gazette; and

2. The data and other documents that are reproduced and maintained by the Registrar shall be considered to be the same as originals unless otherwise determined.”
 * 55)||Chapter Threequater, Article 4 is added to read as follows: “The variety may be registered according to the following criteria:
 * 55)||Chapter Threequater, Article 4 is added to read as follows: “The variety may be registered according to the following criteria:

A. If the variety is novel such that at the date of filing the registration application or at the date of the priority provided in paragraph (A) of Article 8 of this Chapter and according to what may be required, then plant propagating and harvesting materials of the variety have not been sold or otherwise transferred to others by or with consent of the breeder for purposes of exploitation of the variety:

1. For more than one year inside Iraq and for more than four years outside Iraq; or

2. For more than six years outside Iraq if related to trees or vines;

B. If such materials are distinctive so that the variety differs clearly from any other variety whose existence is a matter of common knowledge at the time of filing the application, considering that any filing of an application for the granting of plant variety protection or for the entering of another variety in an official register of varieties, in any country, shall be deemed to render that other variety a matter of common knowledge from the date of the application, provided that the
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