كاظم عبيد حسن الحسناوي
|التنظيم الدستوري لحق الملكيّة الفكريّة||الماجستير في القانون العام|
Mankind is rich in the contributions of creators and talented inventions, books and intellectual products,، but the right of intellectual property did not get the attention of the legislator only in the late nineteenth century, producing a flourishing of scientific، artistic and literary creativity.
This right has also received the support and attention of the international community as one of the important tributaries in the development and prosperity of peoples. The majority of international conventions on human rights provide for the protection of the rights of creators، whether moral or material.
To ensure and protect the rights of creators of authors and inventors lies with the state without prejudice between them، and also ensures them a favorable environment and encouraging creativity and innovation, and it can be said that the greater protection and care for this right guaranteed more progress and prosperity, which explains to us The progress and prosperity of some countries, while the majority of countries remained delayed and underdeveloped.
The measure of the richness and progress of States is no longer the abundance of its population or the abundance of its natural resources, but the measure of that depends on its creative individuals who are able to invest ideas or innovation and turn them into inventions or useful discoveries that can be marketed as commercial products.
The study of the constitutional organization of the right of intellectual property is of great importance both economically and socially. This requires legal consideration, since the legal system of intellectual property is based on a balance between the plight of individuals who meet in their development and the protection and guarantee of the rights of creators, whether moral or intellectual. Physical.
To this end, there must be sufficient guarantees for this right، either by law or by the Constitution.
This study has included a number of proposals, including legalizing the intellectual property right in a constitutional article that guarantees adequate protection for this right. We also suggest that the Iraqi legislator collect the classes of this right and organize them in one law.