Business data - Comparative Legal Study

The commercial data, whether denotes the kind of product, goods, maker, or the manufacturer or his method in manufacturing or contain explanation of the elements entering in the structure of the goods, the way of usage, how to take benefit from, or also if there are any privileges, patents concerning the shape or name of the data, therefore, we can say that all the kinds or data figures which were mentioned above, that explain the characteristics and specifications of the product, goods and the service, whish must be identical to the truth and regardless the place or position whish is placed on connected with. If it wast like that then the trader, the producer and the presenter of service would follow different means of attraction which depends on the exaggeration in supplying these characteristics to the point of misbranding.The person who makes use of the data has the right to charge its owner because he takes an act of illegal competition. As a result, he can ask for the compensation for the damages caused.Accordingly and due to the serious damages which result from this action, it's better for the legislator to face this negative phenomenon of illegal circulating for such products, goods and services.Perhaps the most important thing which stimulates us conduct this research is fact that in Iraq there isnt general legislation for the rules of commercial data, but are scattered between more than one law, especially after the revision of the Iraq law of brands and commercial data no.(21) in (1957) which was amended by the order of the CPA (coalition provincial authority) no.(80) issued on (26th) of April (2004)and also the Iraq law of measurement and quality control no. (29) of (1982) and others.Moreover, the application of provisions of these laws on the goods, products, and services in the Iraq market are missing or barely clear which led to the circulation of many cases of industrial and commercial misbranding, that we must fight by putting determent measures, which have a negative effect not only on the consumer, but it affects the national economy, besides, the rarity of jurisprudence writing in this subject.