Research – 51 – ILIC 10

The Legal Regulation of the Intellectual Property Rights Resulting from Innovative Entrepreneurship and the Entrepreneur’s Civil Liability Arising from its Risks in the American law/ An Analytical Comparative Study with the Iraqi Law

https://doi.org/10.23918/ilic10.51

Keywords: Entrepreneurship, Entrepreneurial Law, Intellectual Property Rights, Entrepreneurial Ventures, Entrepreneur.

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PROCEEDINGS OF 10th INTERNATIONAL LEGAL ISSUES CONFERENCE

Faculty of Law, Tishk International University

Date:10-11. June 2026

Venue: Kurdistan Region- Erbil, Iraq

ISBN: 979-8-9890269-4-4

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Asst. Prof. Dr. Younis Salahuddin Ali

College of Law and International and Diplomatic Relations/Cihan Private University

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Abstract

This research engaged in studying the entrepreneurship and its importance in realizing the optimal levels of the development and growth of the national economy, because of the creative and innovative dimensions and horizons of the entrepreneurial activities exercised by entrepreneurs. The American law contains numerous and various U.S. legislations, enacted for the purpose of granting legal regulation to intellectual property rights in general, and innovations and inventions of entrepreneurs in particular. The system of the civil liability arising from the risks of the entrepreneurship or entrepreneurial activities in the American law can be based upon general principles of the common law civil liability. And the most considerable types of civil liability, particularly the non-contractual or extra-contractual liability suitable for compensating harms and injuries caused by entrepreneurial activities are: the tort of negligence liability (Unintentional Tort), the vicarious liability and the strict-liability. Both the Iraqi and Kurdistan region laws also provided legal protection to intellectual property rights. Whereas the civil liability arising from the damage caused by entrepreneurial activities is still subject to the general rules of the civil liability in the Iraqi civil law No. (40) of 1951. The problem of the research lies in the necessity of the adoption by both the Iraqi and Kurdistan region legislators an integral legislation known as the entrepreneurial law, which will be interested in planning the legal regulation of some aspects closely related to the entrepreneurial activities. by suggesting some relevant recommendations, the most important of which is to suggest some legal texts, in order to realize the integral and comprehensive legal regulation of the entrepreneurship.

References

First: The Books

Abdul Majeed Al Hakim. The Medium Commentary on the theory of contract, with the comparison and balancing between the theories of the western jurisprudence and their equivalent theories in the Islamic Jurisprudence and the Iraqi civil law. Part one. Conclusion of the contract. Al-Ahliyyah company for printing and publishing. 1967.
Abdul Majeed Al-Hakkim, Abdul-Baki Al-Bakri, & Mohammed Taha Al-Basheer, The concise of the general theory of obligations in the Iraqi civil law. Part one, the source of Obligations, Baghdad, 1980.
Abdul Razaq Al Sanhouri. The Medium Commentary on the elucidation of the New Civil Code (Al Wasit in the Explanation of New Civil Law). part One. The theory of obligations in general. Sources of obligations. Contract-illegal act-Unjust enrichment-law. Al-Ma’arif Publishing house. Alexandria.2004.
Abdul Razaq Al Sanhouri. The Medium Commentary on the elucidation of the New Civil Code (Al Wasit in the Explanation of New Civil Law). part Eight. Right of Ownership, with a Detailed Explanation of Objects and Property, and the law of the intellectual property rights protection. Al-Ma’arif Publishing house. Alexandria.2004.
Annie Mckee, Management A Focus on Leaders, Eleventh Edition, PEARSON Education Limited, 2012.
Carl L. Pritchard, Risk Management Concepts and Guidance, Fifth Edition, CRC Press, 2015.
Catherine Elliott and Frances Quinn, Tort law, Eighth edition.Longman, Pearson 2011.
Cathy J.Okrent, Torts and personal injury law, Fifth Edition), DELMAR, 2015.
Dara’a Hammad. The general theory of obligations. Part one sources of Obligations. Al-Sanhouri Publishing house Beirut. 2016.
David B. Audretsch, Max C. Keilbach and Erik E. Lehmann, Entrepreneurship and Economic Growth, Oxford University Press, 2006.
Don Hellriegel, Susan E. Jackson and John W. Slocum, Management A Competency-based Approach, Nineth Edition, South-Western Thomson Learning, 2002.
Don Mayer, Daniel Warner, George J. Siedel and Jethro K. Lieberman, Law for Entrepreneurs, Saylor Foundation, 2012
Ismat Abdul Majeed The general theory of obligations. Part one. in Arab civil laws. Al-Thakira Publishing house. Baghdad. 2011.
Ismat Abdul Majeed Baker, The Legal protection of the adjacent rights of the copyright A comparative study among Arab laws with reference to both the Arab and international conventions, Zein Juridique Publishing house, 2018.
John Cartwright, Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer, Second Edition, Hart Publishing Ltd, 2013.
John Cooke. Law of torts.Fourth Edition.Financial Times.Pitman Publishing, 1999.
Linda Edwards.Stanley Edwards.Patricia Kirtley Wells, Tort Law, Fifth edition, DELMAR, 2012.
Mike Smith, Fundamentals of Management, Second Edition, Mcgraw-Hill Higher Education, London, 2011.
Mohammed Suleiman Al-Ahmed, The fault and the truth of the basis of the civil liability in the Iraqi law an analytical study, Tafseer Bookshop for publishing, 2008. p.60.
Munther Al-Fadhel, The Medium Commentary on the explanation of the civil law, A comparative study between Islamic Jurisprudence and Arab and foreign laws, A study reinforced by opinions of both the jurisprudence and judiciary. Aras Publishing house, Erbil, 2006.
Niklas Elert, Magnus Henrekson and mark Sanders, The Entrepreneurial Society A Reform Strategy for the European Union, Springer Open, 2019.
Nuri Hamad khater, The Elucidation of the Intellectual Property Rules, Industrial Property, A Comparative Study Among Jordanian, Emirates and French Law, Wa’el Publishing House, Amman, 2005.
Paul Davidson Reynolds, Entrepreneurship in the United States The Future is Now, Springer Science+Business Media, LLC, 2007.
Sabri Hamad Khater, The general theory of the obligation, the sources of the obligation A comparative study, Second Edition, Hat-trick for distribution and publishing Erbil, 2024.
Simon Deakin, Angus Johnston and Basil Markesinis, Markesinis and Deakin’s Tort Law, Seventh Edition, Clarendon Press, Oxford, 2013
Stephen P. Robbins and Mary Coulter, Management, Eleventh Edition, PEARSON Education Limited, 2012.
Viktor Mayer-Schönberger, Entrepreneurial Law, Faculty Research Working Papers Series, Harvard University, John F. Kennedy School of Government, 2007

Second: Articles of research

Ethan David, Understanding Business Law and its Importance in Entrepreneurship, Business studies Journal , Vol: 15 Issue: 2S. , 2023.
Nigar Ibrahim Muhammad, Access to Information: The necessity of Including International Standards in the Federal Iraq & Iraqi Kurdistan Region Law analytical Study on Copyright Law, Journal of University of Human Development (JUHD), Volume 4, No. 4 , 2024.
David M. Primo and WM Scott Green, Bankruptcy Law and Entrepreneurship, Entrepreneurship Research Journal , Volume-1-, Issue.

Thirds: The Laws

The Iraqi civil law No. (40) of 1951.
The Iraqi Copyright Protection Law No. (3) of 1971, as amended.
The U.S. Lanham Act.
The U.S. Second Restatement of Torts 1965.
The Iraqi Patents, Industrial Designs, Undisclosed Information, Integrated Circuits, and Plant Varieties Law No. (65) of 1970, as amended.
The Iraqi Trade Marks and Commercial Data Law No. (21) of 1957, as amended.
The U.S. Patent Act of 2023, as amended.

Fourth: Internet Websites