Lewis Paul Bremer

“ Exporting of material of the variety, which enables the propagation of the variety, into a country which does not protect varieties of the plant genus or species to which the variety belongs, except where the exported material is for final consumption. ”

“ The Minister may, by regulation, provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties. ”

“ The Court of Appeals' decision shall be final.
C. The defendant may seek compensation for the damages suffered if the court concludes that the plaintiff’s lawsuit is without merit.
D. The court may, in all cases, seek the help of experts and specialists.
E. The court may order the confiscation of the infringing variety as well as the materials and tools substantially used in the infringement of the protected variety. The court may also decide to destroy the infringing variety as well as the materials and tools or to dispose of them in any noncommercial purpose. ”

“ E. Prior rights of third persons shall not be affected. If, by reason of a prior right, the use of the denomination of a variety is forbidden to a person who, in accordance with the provisions of paragraph (D) , is obligated to use it, the Registrar shall require the breeder to submit another denomination for the variety.
F. It shall be permissible to associate a trademark, trade name or any similar indication with the registered variety denomination. If marketing a variety or offering a variety for sale, such denomination must be easily recognizable. ”

“ Article 13.1 is amended to read as follows: “The term of duration of the patent shall not end before the expiration of a period of twenty years for registration under the provisions of this Law as from the date of the filing of the application for registration under the provisions of this Law.” 13) Article 13.2 is suspended. 14) Article 16.2 is amended to read as follows:
“ (2) An applicant for a patent shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art. ”

“ The Registrar may grant a license to use a patent to third parties without obtaining the patentee's consent in any of the following cases exclusively: A. If the use of the patent by the state authorities or licensed third parties is a necessity for national defense or emergency or for noncommercial public good provided that the patentee is notified as soon as it becomes possible. ”

“ B. If it is proven that where the grant of the breeder’s right has been essentially based upon information and documentation furnished by the breeder, the variety is not uniform or stable at the time of the grant of the breeder’s right; or
C. That the breeder’s right has been granted to a person who is not entitled to it, unless it is transferred to the person who is so entitled. ”

“ The applicant for plant variety registration shall include with the application, a claim for the right of priority based on a previous application filed in a country member of the World Trade Organization or other relevant international agreement to which Iraq is also a member provided that the application is filed in Iraq within a period not to exceed twelve months as calculated from the date following the first filing date. ”

“ The Ministry shall carry out the examinations and tests cited in subparagraph (1) , or at the expense of the breeder, designate an authority to perform the examinations or tests on its behalf.
C. A technical committee of those experienced and skilled in the art shall be established in accordance with instructions issued by the Minister and shall be asked to evaluate the results of the examinations and tests provided in paragraph (B) of this Article to comply with the procedures of registering the variety provided that such instructions shall include defining the other tasks of this Committee ”

“ A. If the application fulfills all the conditions and requirements defined in this Chapter, the Registrar shall accept the application and grant the applicant preliminary approval that shall be published in the Official Gazette after collecting the established fees. The publication shall include the name of the variety and its plant class.
B. Any person shall have the right to object to the registration of any new variety within ninety days from the date of announcement of the preliminary approval in the Official Gazette. ”

“ If the application includes a priority claim pursuant to item (1) of this Article, the Registrar may ask the applicant, within three months from the filing date, to provide an exact copy of the documentation related to the first application approved from the office in which it was filed. ”

“ C. If it is uniform subject to the variation that may be expected from the particular features of its propagation; or
D. If it is stable such that its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle. ”