Page:20040426 CPAORD 81 Patents Law.pdf/6

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 * 24)||Article 36.2ter is added following Article 36.2bis to read as follows: “The industrial design or model applied for is not considered novel if:
 * 24)||Article 36.2ter is added following Article 36.2bis to read as follows: “The industrial design or model applied for is not considered novel if:

(1) It has been displayed, described or its uses were described to the public prior to the date of deposit of the application for registration.

However, the industrial design or model shall still be considered novel, if its description or display had been made after the application for the registration in a country that treats Iraq on reciprocal basis, or if such is displayed in national or international exhibitions, or the industrial design or model has been made public in a conference or in scientific journals within a period not exceeding six months prior to the date of the application for the registration in Iraq.

(2) It includes non-basic differences in respect of a prior industrial design or model, or is dedicated to another type of product other than to which the previously registered industrial design or model was designed for.”
 * 25)||Article 36.2quater is added following Article 36.2ter to read as follows: “Application for registration of industrial designs that are dictated essentially by technical or functional considerations shall not be granted.”
 * 26)||Article 37bis is added following Article 37 to read as follows:
 * 26)||Article 37bis is added following Article 37 to read as follows:
 * 26)||Article 37bis is added following Article 37 to read as follows:

“1. The owner of a protected industrial design shall have the right to prevent a third party not having the owner's consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

2. The Minister may, by regulation, provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.”
 * 27)||Article 41 is amended to read as follows: “The term of protection of industrial designs shall be ten years as from the date of issue of the certificate, provided payment of the prescribed renewal annual fees is carried out.”
 * 28)||Article 44 is amended to read as follows:
 * 28)||Article 44 is amended to read as follows:
 * 28)||Article 44 is amended to read as follows:

“A. The owner of a patent or industrial design registered in Iraq, upon bringing suit to prevent the infringement of rights in the patent or design, may file a complaint with the competent court, with a bond, which the court shall accept for the following provisional measures:
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