(Industrial and Commercial Intellectual Property Rights under Iraqi and Egyptian Law: A Comparative Study)

Abstract

Abstract

Intellectual Property Rights have become a highly complex issue, marked by escalating violations of scientific works and authors' rights, thereby threatening intellectual ethics and academic integrity in the era of rapid production and dissemination. This evolution led to the division of ownership into two types: material ownership and intellectual (or mental) ownership. The latter is characterized by its moral dimension, which cannot be financially valued and is intrinsically linked to the creator's personality.

The international nature of intellectual property necessitates dual protection through domestic legislation and binding international treaties against economic exploitation or moral infringement. This protection covers three main areas: Copyright (for literary and artistic works), Industrial Property Rights (such as patents and designs), and Commercial Property Rights (such as trademarks and trade names).

This protection has historically been reinforced by pivotal international treaties, notably the Berne Convention (1886) for artistic works and the Paris Convention (1883) for industrial property, culminating in the TRIPS Agreement (1994), which expanded protection to include technological products like software and electronic databases. Legal systems, including those in Iraq, Egypt, and Iran, have prioritized enacting specialized legislation to safeguard these rights.