Procedure to execute Indian court decree in Iraq

We entered into an agreement with an agency in Iraq to market our products. We were exporting from Coimbatore our products to the agency in our brand name which is registered in India under Trade Mark Act. The agency has started buying from other manufacturers from India similar products and by copying our brand name are selling them. Our brand had made a name in Iraq. Now, in spite of several visits and warnings the agency continued to sell the products in our brand name. Upon seeking advise from an Advocate, we have moved the court in India and got a decree against this agency to stop them from using our brand name. Now we need to execute the Indian court decree in Iraq. Our advocate spoke to barristers in Iraq. They are of the opinion that it cannot be executed. Is this the law of Iraq?? How shall we go about?

Answers (1)

Iraq was not a party to New York Convention and perhaps because of this the barristers might have advised you like this. It was not required on your part to get a decree here in India to execute in Iraq. You could as well have moved the court in Iraq. The decree obtained from one country can be executed in another country upon reciprocal measures between the two countries who are not part of New York Convention. We can assist you in this matter to stop the agency in using your brand name. Contact us should you require our assistance.

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