The jurisdiction of the administrative judiciary in settling industrial property disputes (a comparative study)

Abstract

The administrative judiciary plays an important role in the field of industrial property protection and the guarantee and maintenance of its rights, through its resolution of the existing disputes between the litigants. Administrative decisions to establish these rights, by examining those decisions and determining their legality or not, to give everyone who has the right his right, and to protect the inventor, creator or trader from the abuse of the registrant in some cases.

     Despite the effectiveness of this judiciary and its competence to adjudicate in these disputes, some legislation, such as Iraq, did not allow the administrative judiciary to consider all decisions issued by the registrar, in contrast to the comparative legislation, which turned to the administrative nature of this dispute and made the administrative judiciary its judge. The specialist that prompted us to research the issue of the jurisdiction of the administrative judiciary in industrial property disputes by studying the legal basis for the administrative judiciary in settling industrial property disputes and following the optimal method to determine the scope of its jurisdiction in these disputes.