A Comparative Study of Literary and Artistic Property in the Legal Systems of Iran and Iraq

Document Type : Original Article

Authors

1 Associate Professor, Department of Law, University of Ilam, Iran.

2 Associate prof of Jurisprudence and Law Dep. Ilam University

10.22091/diplic.2026.11619.1014

Abstract

Literary and artistic property, a significant branch of intellectual property law, has always encountered numerous challenges in terms of recognition, protection, and enforcement of authors’ rights in the era of emerging technologies and rapid developments. In this context, differences in legislative and enforcement structures across legal systems have intensified the need for comparative studies. The main issue of this research is to examine the effectiveness, as well as the convergence or divergence, of the legal framework governing literary and artistic property in the legal systems of Iran and Iraq, and to analyze the existing challenges in ensuring effective protection of creators’ rights. The objective of this study is to clarify the legal frameworks, evaluate the strengths and weaknesses of existing regulations, and provide a comparative perspective on the status of legal protection in both countries. This research adopts a descriptive-analytical method and relies on library-based sources, statutory laws, and relevant international instruments. The findings prove that although both legal systems share common principles in recognizing the protection of literary and artistic works, they face challenges and shortcomings in areas such as enforcement mechanisms, scope of protection, and compliance with international standards. Furthermore, the Iraqi legal system, in some respects, demonstrates greater flexibility due to its stronger influence from international structures, whereas the Iranian legal system shows a greater need for revision and modernization of its regulations.

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