Problematics of Legal Protection for Agricultural Varieties: A Critical Analysis of Legislative Differences in Iraq and the Kurdistan Region
Volume 13 , April 2025 , Pages 223-237
Authors
Alan Bahaddin Abdulla Almudarris
10.17656/jlps.10288
Keywords
Abstract
This study addresses the challenges of legal protection for agricultural varieties in Iraq, providing a critical analysis of the legislative discrepancies between the federal Iraqi law and the Kurdistan Region's law on the protection of agricultural varieties. Although the protection of agricultural varieties is considered part of intellectual property, which is expected to be regulated by unified legislation at the state level, the existence of two separate laws has led to complications in legal procedures, weakened protection, and created legal, judicial, and administrative issues.
The research focuses on several key issues, including the duality of registering agricultural varieties, which requires breeders to register their varieties twice, increasing administrative burdens and prolonging the protection period. The study also examines the ambiguity in the conditions for legal protection, as the interpretation of registration and approval criteria differs between Baghdad and Erbil. Additionally, the research discusses judicial challenges arising from conflicting laws, such as filing a lawsuit in Baghdad for an infringement that occurred in Erbil, where the act may be permissible under Kurdistan's law, thereby hindering the enforcement of judicial rulings.
The research adopts a critical analytical approach to examine the relevant legal texts and aims to provide a clear perspective on the legal challenges. It also offers solutions and recommendations to enhance the legal protection of agricultural varieties within Iraq by unifying legislation or establishing a more harmonized legal framework between Baghdad and Erbil.
Keywords: Agricultural varieties, Plant varieties, Legal protection, Breeder, Legislative duality
Statistics
- Article view648
- Downloads8
- First online25 April 2025
- Published at25 April 2025
- RIS
- BibTeX
- EndNote
- Mendeley
- APA (7th edition)
- MLA (9th edition)
- Chicago
- Harvard
- IEEE
- Vancouver