Page:20040426 CPAORD 81 Patents Law.pdf/5

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reasonable period of time in the case provided for in paragraph (B) of Article 27 of this Law.

C. The scope and duration of the license shall be limited to the purpose for which it is granted. If the license application relates to semiconductor technology, then it shall only be granted for noncommercial public good or to rectify practices deemed by the competent judicial or administrative authority to be anticompetitive.

D. The license to exploit shall not be exclusive.

E. The license shall not be assignable to third parties.

F. The license shall only be granted for meeting the demand in the local market except in cases where practices have been deemed by the competent judicial or administrative authority to be anticompetitive.

G. The patentee shall receive an equitable remuneration which takes into account the economic value of the patent.”

19) Article 29 is amended to read as follows: “The Registrar may cancel the compulsory license sua sponte or on the strength of an application from the patentee if the reasons for its grant lapsed. This license cancellation shall, however, preserve the rights of those involved in the compulsory license.”
20) Article 30 is amended to read as follows: “The provisions and procedures related to licensing of patent utilization shall be prescribed pursuant to regulations to be issued to this aim.”
21) Article 30bis is added following Article 30 to read as follows: “The Registrar's compulsory license decision shall be appealable to the Minister within 60 days of its notification.”
22) Article 34 is amended to read as follows: “Patentee’s rights shall not be affected by the exploitation of the invention in land, sea or air means of transport belonging to any of the countries that are members of the Paris Convention for the Protection of Industrial Property or the World Trade Organization or that treat Iraq on a reciprocal basis, during their temporary or accidental existence in Iraq.”
23) Article 36.2bis is added following Article 36.2 to read as follows: “The application for registration of industrial designs or models shall be granted where the industrial design or model is new or original.”
CPA/ORD/26 April 2004/81
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