تنازع الاختصاص التشريعي بشان حق المؤلف و استغلاله

Abstract EN

Copyright is a source of national and international patronage because it represents a human and moral value as well as its scientific and economic value because, thanks to these intellectual products, human beings enjoy life better, without which life is more difficult and more costly on the material and moral levels; the owners of intellectual property rights extended their productions to humanity And allow people to reach their goals and objectives in the shortest way and less expensive and effort and faster time; and the multiplicity of copyright parties between the author and the publisher and the beneficiary and the aggressor party to the rights of the author, and the different nationality raises the problem of overlapping several laws, This is a conflict between them.

The author's work is aimed at the interest of humanity regardless of gender, nationality, state and beneficiary.

Here the author's topics will move between more than one law, leading to overlapping in the application of laws related to these rights in terms of the author's rights and obligations This is because we know that there are several laws related to copyright, including the law of the state in which the intellectual production was first published, the personal law of the author, the law in which the copyright was invested, the law of the State where the copyright infringement occurred, He in the event of an attack, is added to the possibility of overlapping conflict law judge.

All these laws find justification for applicability but in varying proportions and the judge of the dispute to reconcile between him and here will be raised problematic and questions about what is applicable law in all this? The Iraqi legislator in the Copyright Protection Act No.

3 of 1971 amended the provisions of the patent, but in part did not address the above possibilities, which necessitates that research and answer the questions that Put forward by the possibilities above.