Problems of Intellectual Property Protection in the Digital Environment (A Critical Study of Iraqi Legislation in Light of International Standards and Comparative Experiences)
DOI:
https://doi.org/10.64184/ajlps.V3.I2.Y2026.319-348.323Keywords:
Intellectual Property, Digital Environment, Copyright, Intermediary Liability, Technological Measures, Electronic Evidence.Abstract
This study addresses the legal challenges of protecting intellectual property rights in the digital environment, with a critical analysis of Iraqi legislation compared to international standards and comparative jurisprudence. The study aims to identify substantive and procedural gaps in national legislation and evaluate the adequacy of current provisions in facing modern technological challenges, such as digital reproduction and cross-border infringements. Furthermore, it seeks to establish a proposed legal framework for intermediary liability and the activation of technological protection measures (TPMs). The analysis reveals that the unique characteristics of digital space have created legal hurdles exceeding traditional protection mechanisms. The study concludes with the necessity of adopting a comprehensive legislative reform that balances creative protection with the right to information, while enhancing the probative value of electronic evidence in civil litigation.
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