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Industrial Property Licensing Contracts are Exempted from Ban in Accordance with USA and European Law

Intellectual property rights of all kinds، and their nature، are considered a tool in the hands of their owner that enables him to monopolize the benefits that you confer on them without any dispute or mediation from anyone. Intellectual property on its intellectual product، and preventing others from exploiting it without obtaining the permission of its owner All of this is reflected positively on the progress of the industrial and commercial field، and this justifies the protection provided by the laws regulating intellectual property rights to its owner، whether at the national or international level، and with our recognition of the right of the owner of intellectual property rights to enjoy the exclusive use of his right، and the importance of providing legal protection for intellectual property rights Intellectual property، however، there are issues that are no less important than that، such as the abuse of intellectual property rights in a way that deviates from the normal use of its right، especially if the intention behind this use is to harm others، or that the interest that it aims to achieve is less than Damage caused by.

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Publication Date
Fri Dec 01 2023
Journal Name
مجلة العلوم القانونية
اعفاء عقود تراخيص الملكية الصناعية من الحظر وفقا للقانون الامريكي و الاوربي

اعفاء عقود تراخيص الملكية الصناعية من الحظر وفقا للقانون الامريكي و الاوربي

Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Formalism in Mortgage Accordance of Amarican Law

This research deals with the formalities of the mortgage contract according to American law, We have given an overview of the provisions of this law related to the subject, We have also taken into consideration the role of American jurisprudence and the judiciary in finding legal solutions to the aforementioned formality, We have discussed the formality of mortgage in American law in two sections, In the first section we showed the formalism in immovable  mortgage, and the second section specified to studying the formalism in movable mortgage.

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Compulsory Licensing for Patent Exploitation between Exclusion and Restriction Accordance to the Emirati Law

The patent means that the inventor is granted a right of intellectual property that is solely acquired by the patent's owner. This study highlights the compulsory licensing provisions that entitle government agencies to exploit the inventor's patent and to exploit it in the manufacture of goods and industries by a third party without the consent of the patent owner for reasons required by the interest of society.

This means has been referred to by Decree-Law No. 11 of 2021 on the regulation and protection of industrial property rights. However, the UAE legislator has made recourse to this means an exception, restricting this means by justification required by the public interest of society.

The study will focus on the des

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Contracts in Restraint of Trade in the English Law. A Comparative Study in the Iraqi Law

The contracts in restraint of trade are considered as void contracts according to the English common law, that is to say, they are prima facie void. Because their voidness is presumed and based upon a rebuttable presumption that these contracts are contrary to the public policy in principle. Owing to the unreasonableness of the  Restraint of Trade conditions or terms in which they are included. But if it is proved that they satisfy the requirements of reasonableness, in accordance with the contracting parties, and both the temporal and spatial extent of their coming into effect, as well as the public interest. The court will validate them. It is also worth-bearing in mind that this type of contracts fall under contracts void at comm

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Publication Date
Fri May 31 2019
Journal Name
Journal Of Legal Sciences
The legal effect of Licensing contracts in the field of oil investment

Iraq is currently the third largest oil reserves in the world after Saudi Arabia and Iran, which is estimated at (115) billion barrels, in addition to the gas reserves of (119) trillion cubic meters so foreign oil companies have been competing for contracts to participate in production and technical service for years to sign the cost of operations The high productivity, which is based on the payment of the term, which leads to raising the cost of production per barrel, which comes mainly from the employment of foreign workers with high salaries and the provision of local services of high standard and purchase of commodity and consulting services worth hundreds of millions of dollars. And the presence of maneuvering and manipulation by fo

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Publication Date
Tue Jun 30 2015
Journal Name
Iraqi Journal Of Market Research And Consumer Protection
Consumer protection in e-marketing contracts An analytical study.: Consumer protection in e-marketing contracts An analytical study.

Marketing plays a role in the transfer of consumer desires through research, studies and satisfy the needs process, and with the technical development has evolved and marketing departments in the world of commerce has made great strides since the expansion of the trade deal, especially in light of spread of the Internet and the culture of use where he became a lot as individuals or institutions are dealings via electronic shopping . In all cases, we find that the consumer is important party, and that the legal rules did not leave the shopping process or contracting E without protection and I've dealt with so many studies through the civil protection for the consumer in electronic contracts legally with an analytical study of the

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Publication Date
Thu Sep 30 2021
Journal Name
Journal Of Economics And Administrative Sciences
The Reflection of the Adoption of IFRS 17 “Insurance Contracts” on the Procedures for Auditing Insurance Contracts in the Iraqi Environment

          IFRS 17 aims to provide a unified basis for accounting for all types of insurance contracts, including reinsurance contracts, in a manner that benefits both investors and insurance companies and enhances the ability of the financial statements of insurance companies for comparison between companies listed in financial markets around the world. According to this standard, insurance contracts are accounted for on the basis of the Asset-Liability Approach and the use of fair values that the standard requires updating regularly in order to provide more useful information to the users of financial statements, as a result of the failure of reporting requirements for insurance contr

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Development of the Concept of Defect in Accordance with the United Nations Convention on Contracts for the International Sale of Goods for the Year 1980

The Vienna Convention 1980 developed the concept of a defect that necessitates the warranty in a way that is compatible with the requirements of international trade, as it attached it to the obligation of conformity. The agreement also developed the penalties resulting from the existence of the defect, as it imposed on the seller that he is obligated to ensure that his goods conform to the provisions of the contract, as well as that they must be usable. For the purposes for which the goods are used, if the goods are not in conformity, then the seller is in breach of his obligation to conform, as he has delivered defective goods.

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The basics of transferring risks in international trade contracts

         The goods sold during the transport phase may be exposed to the risk of the buyer's state, whether those risks are land, sea or air, resulting in the loss of the goods in whole or in part, or damage, as if they were destroyed by the ship sinking or colliding with another or the cause of the loss or damage is due to a fire, as in the case of a spark on the goods, and the goods is a combustible material. The risk should be borne by one of the parties. To identify the responsible party for the risks, it should determine a particular moment for transferring risks. There has been a difference in legislation, whether at the national or international level, on determining the basis for risk

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Publication Date
Mon Sep 03 2018
Journal Name
Al-khwarizmi Engineering Journal
Recovery of Aluminum from Industrial Waste (Slag) by Melting and Electrorefining Processes

Slag of aluminum is a residue which results during the melting process of primary and secondary aluminum production. Salt slag of aluminum is hazardous solid waste according to the European Catalogue for Hazardous Wastes. Hence, recovery of aluminum not only saves the environment, but also has advantages of financial and economic returns. In this research, aluminum was recovered and purified from the industrial wastes generated as waste from both of State Company for Electrical and Electronic Industries (Baghdad/AlWaziriya) and General Company for Mechanical Industries (Babylon/-Al-Escandria). It was found that these wastes contain tiny proportions of other elements such as iron, copper, nickel, titanium, lead, and potassium. Wastes were

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