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May 15, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

The extent to which it is permissible to mortgage a work - a comparative study

RSRoshna SaadSalahaddin University-ErbilHAHewa Qadir Alhaidary

Key Points

  • The study aims to analyze the conditions under which work can be mortgaged as security for a debt according to various legal frameworks.
  • Comparative legal analysis of Iraqi, Egyptian, and French copyright laws.
  • Evaluation of existing legislation regarding pledging rights in intellectual property.
  • Recommendations for legislative improvements in Iraq regarding the mortgage of work.
  • Concluded that mortgaging work is permissible under Iraqi law.
  • Identified legislative gaps in Egyptian and French laws regarding the mortgage of work.
  • Recommended the Iraqi legislator to amend the Copyright Protection Law to include provisions for mortgaging intangible works.

Abstract

Despite the great importance of the work, as it is the subject of copyright, and many legal actions are subject to it, the Iraqi legislator, as well as the Egyptian and French legislators, did not explicitly address the possibility of pledging the work, in contrast to what was the case when they stated the permissibility of pledging the mark. Commercial property, as it is the subject of industrial and commercial property rights, and hence the question arises about the extent to which the work can be mortgaged as security for a debt owed by the author. Within the research, we concluded that it is permissible to mortgage the work in Iraqi law, and in the face of this legislative deficiency, we presented a recommendation to the Iraqi legislator on the necessity of regulating the mortgage of the work in the Copyright Protection Law with special provisions commensurate with the intangible nature of the work, taking into account the specificity of concluding the mortgage related to it, and overcoming the problem of its possession by registering it, pawning the work in a special register with a competent authority.

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Cite This Study

Saad et al. (2024) studied this question.

synapsesocial.com/papers/6a06b7a1e7dec685947aa72chttps://doi.org/10.37651/aujlps.2024.147883.1214
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