Protection is a leg for moral wealth


  • Aseel Hatem Toman Elwi Al-Furat Al-Awsat Technical University / Babylon Technical Institute


intangible money- moral right


Moral rights have a scientific, cultural, social and economic value that authors and inventors themselves acquire, and therefore they must be protected by all means, so they must be protected by all means; enacted by special laws or that have not yet been enacted, by working in the research field of this legislation, and moral money is regulated in many Iraqi laws: such as Civil Law No. (40) of 1951, and Law on Copyright Protection No. (3) of 1971, as amended, And the Law of Copyright and Neighboring Rights for the Kurdistan Region of Iraq No. (17) of 2012, and the Law on Patents and Industrial Models No. (65) of 1970 as amended Thus, we will shed light on the definition of intangible property in terms of terminology and learn about the legal nature of intangible property, as its nature has raised disagreement among jurists. Some of them considered intangible property as a property right, and some of them considered it a personal right, while a third school of thought considered intangible property to have a mixed nature. Intangible property also appears in the form of commercial rights and intellectual rights that require legal protection, whether the protection is criminal or civil, given that the penal law protects interests deemed most deserving of protection, in addition to civil protection. The Iraqi Penal Code also referred the regulation of intangible property provisions to special laws such as the Right Protection Law. Author No. (3) of 1971, amended pursuant to the dissolved Coalition Authority Order No. (83) of 2004, which clarified the provisions of copyright and that it is one of the intangible property that requires criminal and civil protection through the definition of copyright and the content of copyright. The law also stipulates that the author has a moral right and a financial right to the work. Deposit is also considered a means of protecting copyright, as the author is obligated, in accordance with the Iraqi Deposit Law No. (37) of 1970, to deliver one or more copies to the competent authorities or one of the national offices specified by the law to ensure Copyright.