The Financial penalties for infringing the intellectual property rights

Doi:https://doi.org/10.37940/JRLS.2023.4.1.9

Abstract

One of the most significant concerns of the international community is the protection of intellectual property rights, as it is one of the most chief parts of the triangle of real estate, commercial and intellectual property. Due to the importance of these various kinds of rights, including artistic, literary, scientific and industrial, and at all national, regional, as well as international levels, this kind of protection has imposed penalties on those who infringe it, especially financial penalties that are of various types. These types are international, criminal, civil and administrative imposed by bodies and authorities concerned with the protection of intellectual property rights. Some of these types are also international, such as the World Intellectual Property Organization and the World Trade Organization. Some of them are national, such as ordinary criminal and civil courts, or administrative bodies, as is the case in some comparative legislation. It has been imposed by specialized courts, such as the Publication Court in Iraq. However, it is the ineffectiveness of the laws concerned with protecting intellectual property rights that have undermined or weakened the process of protecting these rights. This is what prompted us to conduct the current research regarding this topic. Therefore, we see the need to review these laws in order to preserve these rights, in addition to reactivating the Publication Court that is competent to hear cases of infringing the intellectual property rights in Iraq.