المسؤولية الجنائية للاعتداء على المصنفات المكتوبة : دراسة مقارنة

الملخص EN

The increase in attacks against written classified works at the present time especially after the technological development witnessed by the societies which facilitated the attack on written classified works as well as increased them have derived us to look for legal regulation for the protection of written classified works in Iraq in comparison with Egypt and France, due to the fact that increasing attacks on written classified works lead to reducing authors’ innovations and consequently the deterioration of cultural and economic life in society.

The French, Egyptian and Iraqi legislators have made clear efforts to protect written classified works by promulgating laws for the protection of intellectual property rights in general and written classified works as part of them.

In spite of that, laws for the protection of written classified works have weakness that reduced their effectiveness in protecting written classified works.

Weakness stems from the weakness of the criminal penalty provided for the attacking written classified works.

Moreover, these laws did not contain rules of procedure for the protection of written classified works required by the nature of these crimes.

Further, the laws wrote assaults on the written classified works exclusively and they were not successful in that, because it is not possible to count all the attacks on the written classified works.

Therefore we hope that the Iraqi legislator provides rules of procedure for the protection of the author of written classified works according to the Iraqi copyright law No.3 of 1971 as amended by the coalition order No.

82 of 2004 as well as increase the criminal penalties against assaults on written classified works to achieve public and private deterrent as we hope researchers to demonstrate the ethics of scientific research, and commit to scientific integrity.