It is reported that there is an obligation in Iraq to share passive infrastructure for the provision of telecommunications services to end users, and that this is practiced in both the mobile and fixed sectors.

The government holds equity in selected telecommunications enterprises. Specifically, according to the National Investment Commission, a governmental authority, the Ministry of Communications (MoC) administers two state-owned entities: the Iraqi Telecommunications and Post Company (ITPC) and the State Company for Internet Services (SCIS).

Iraq does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

It is reported that on 12 September 2023, the Communications and Media Commission (CMC) of Iraq issued Decision No. 175/Q/2023, which constitutes the principal regulatory framework for licensing internet service providers (ISPs) operating within the Iraqi market. The decision classifies ISP licences into three categories: Category A for nationwide operators with comprehensive infrastructure capabilities; Category B for regional or governorate-level operators; and Category C for providers delivering services to end-users through licensed primary or regional operators. Licensees are required to meet minimum capital thresholds, with Category A necessitating IQD 2 billion (approx. USD 1.5 million), while Categories B and C are subject to proportionate requirements based on their classification and scope of service. However, the text of Decision No. 175/Q/2023 could not be located through publicly accessible online sources.

Iraq has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, the country is not a member of the WTO.

Iraq is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.

It is reported that a decision adopted in 2009 requires Iraqi government agencies to procure goods from State-Owned Enterprises (SOEs) unless these entities are unable to meet established quality or quantity standards. Moreover, SOEs may secure tenders if their bids are within 10% of those submitted by competitors. SOEs are exempt from bid and performance bond requirements and benefit from regulatory provisions that favour them over private-sector firms. Foreign companies frequently need to partner with Iraqi firms to participate in tenders. The specific legal instrument underpinning these provisions could not be identified.

It is reported that the public procurement system lacks transparency and is characterised by corruption, with no legal remedies available to unsuccessful bidders.

Iraq is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). In fact, the country is not a member of the WTO.

It is reported that, pursuant to Iraqi legislation, foreign ownership in a business enterprise is restricted to a maximum of 49%; however, the specific statutory provision could not be located.

It is reported that representation by an authorised agent is mandatory when the patent applicant is not domiciled in Iraq.

Iraq is a party to the Patent Cooperation Treaty (PCT).

Iraq’s copyright regime, as outlined in Law No. 3 of 1971, relies on a closed list of statutory exceptions rather than a flexible fair use or fair dealing model, which restricts the scope for unlicensed secondary uses. Arts. 12 to 17 contain the main exceptions, including the use of works in non‑commercial educational or private settings, the making of a single copy for personal use, and the use of short quotations or extracts for educational, critical or informational purposes with attribution. Art. 15-bis introduces a three-step test-style limitation. Arts. 16 and 17 further allow news media to reproduce public speeches, supporting the circulation of publicly significant information in digital environments.