Criminal Protection Of Digital Intellectual Property Rights

Abstract

This research examines the criminal protection of electronic intellectual property rights, in light of the rapid expansion of technology and the digital environment and the resulting new forms of infringement on copyright and digital works. The study clarifies the nature of intellectual property and its industrial, literary, and artistic categories, while analyzing the most prominent forms of criminal infringement, such as unauthorized copying, the distribution of counterfeit works, and the importation of unlicensed software. It also assesses the adequacy of current Iraqi legislation, particularly Penal Code No. (111) of 1969 and the amended Copyright Protection Law No. (3) of 1971, in addition to discussing the 2019 draft law on combating cybercrimes, which has not yet been enacted, The study compares Iraqi legislation with international conventions such as the Budapest Treaty and the Arab Convention on Combating Cybercrime, The study concluded that current Iraqi laws do not provide comprehensive criminal protection for electronic intellectual property rights, and that there is an urgent need to develop an integrated legislative framework that accommodates technological developments and strikes a balance between protection and digital freedom.