ASPECTS OF PROTECTION GRANTED TO THE OWNER OF AN IDEA WITHIN THE FRAMEWORK OF ITS EXPLOITATION CONTRACT

Abstract

The current paper copes with the forms of protection granted to the owner of an idea within the framework of its exploitation contract, considering the idea as an intangible asset that can be invested and yield tangible economic returns. It focuses on addressing the legislative gap in Iraq regarding the protection of unregistered ideas by analyzing relevant legal provisions and reviewing Iraqi and comparative judicial precedents, particularly from Egyptian and French legal systems. The study demonstrates that ownership of an idea constitutes the foundation upon which all other rights are built, and that exploitation and financial returns are closely tied to prior consent. It also uncovers that protection against infringement and intellectual theft is grounded in general principles of law and international agreements such as the TRIPS Agreement. The paper finalizes that protection can undoubtedly be achieved via establishing precedence, disciplined disclosure, and robust evidentiary procedures. It nevertheless recommends enacting specialized legislation to regulate idea exploitation contracts, adopting confidentiality protocols and digital documentation, and enhancing the role of specialized courts to effectually ensure effective protection that fosters innovation and knowledge-based investment.