شروط الحماية القانونية للمؤشرات الجغرافية التجارية و الآثار المترتبة عليها : دراسة مقارنة

الملخص EN

Geographical indications at the present time of our era play a distinctive role in the commercial field, because of their economic, financial or moral value, and geographical indications are considered an industrial property right, known as a geographical name for a specific region or region or part of it, or some geographical place That would designate a product that has a concern in it, and the quality of the product and its features are limited to that geographical environment, which includes human or natural factors, which grant this right that has been met, specific objective and formal conditions, legal protection under national or international law.

The index, when attacked, as the Iraqi law imposed national legal protection, according to the Law of Trademarks and Commercial Data No.

21 of 1957 amended after 2004, as geographical indications were added in the first article of it and considered with the guarantee mark, and it was granted legal protection And all the privileges granted to a trademark in the law, including registration in the department concerned with registering trademarks, in the Iraqi Ministry of Industry, the General Directorate of Industrial Development - Trademarks Section Located in Baghdad / Nidal Street - the headquarters of the Ministry, and accordingly providing international protection to it through Iraq's accession to the Paris Treaty of 1975, commitment to the Nice Agreement for Goods and Commodities, and joining the World Trade Organization currently as an observer, which means adherence to the provisions of the World Property Organization The Intellectual Property Organization (WIPO).

Iraq did not regulate a special law on geographical indications, but rather included it with the aforementioned trademark and commercial data law.