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By Bogsch

ISBN-10: 9028604596

ISBN-13: 9789028604599

ISBN-10: 9401743878

ISBN-13: 9789401743877

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Where the examiner finds no reason for refusing a design application, he shall make a decision that the design is to be registered. (Application mutatis mutandis of Patent Law) I9· Section 47(2) (qualifications of examiners ), Section 48 (exclusion of examiners), Section 50 (notification of reasons for refusal), Section 53 (declining of amendments), Section 63 (formal requirements of examiner's decision) and Section 65 (relationship with Iitigation) of the Patent Law shall apply mutatis mutandis to the examination of design applications.

43· The Registrar shall publish a notice in the Bulletin of the industrial designs accepted, registered and revoked and of any assignment or alteration relating thereto. CHAPTER THREE General Provisions 44· The following shall be liable to imprisonment for a term not exceeding DLTW-8-I979 IRAQ; ITEM I -PAGE 6 two years or to a fine not exceeding one thousand dinars, or to b()th: (i) any person who imitates an invention patentedunder this Law; (ii) any person who imitates an industrial design for which a certificate has been issued under this Law; (iii) any person who knowingly sells, offers for sale or distribution, imports from abroad or possesses with intent to trade imitated goods, or articles which include an imitated invention or an imitated industrial design, where such invention or design is registered in Iraq; (iv) any person who, without any right, affixes to products, advertisements, trademarks or other media a Statement inducing the belief that he has obtained a patent or registered an invention, or who uses a registered industrial design contrary to the provisions of this Law; (v) any person who, without any right, possesses a patent or a certificate of an industrial design already registered in Iraq or abroad.

2) A design application may not be divided under the preceding subsection after the examiner's decision or the trial decision with respect to the application has become final and conclusive. (3) Where a design application has been divided under subsection (r), the new design application shall be deemed to have been filed at the time of filing of the original application. However, this provision shall not apply for the purposes of Section 4(3) of this Law and Section 43(I) and (2) of the Patent Law (Law No.

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