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Intellectual Property standards in Modern Azerbaijan

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Text of Intellectual Property standards in Modern Azerbaijan

  • Intellectual Property standards in Modern Azerbaijan

  • How do we protect Intellectual Property in Azerbaijan.

  • Legal acts on IP Protection in Azerbaijan Republic

  • LEGISLATIVE STANDATDS OF AR IN PATENT LAW / PART 1 25 1995 : , (); ; ; (); . - , , : " ", 312-10 ( 10 1997 2 1997 ( )). " ", 504- ( 12 1998 27 1998 ( )).

  • LEGISLATIVE BASIS OF AZERBAIJAN IN PATENT LAW / PART 2 " " ( 2 1995 ). " ", 37 6 2000 1 2000 . " ", 21 15 2000 . " ", 166 15 1999 . " ", 143 30 1999 . " ", 143 30 1999 . " , ", 09 5.07.1999 . " , ", 05 8.05.1998 .

  • COPYRIGHT PROTECTION in Azerbaijan.

    Copyright Agency of the Republic of Azerbaijan / part 1Copyright Agency of the Republic of Azerbaijan (ARA) is a body of the central executive power which put into practice state policy in field of protection of copyright, related and other rights close to the intellectual property. Copyright Agency of the Republic of Azerbaijan (ARA) is guided by the Constitution, laws of the Azerbaijan Republic, Decrees and Orders of the President of the Republic of Azerbaijan, Decisions and Orders of a Cabinet of the Ministers of the Republic of Azerbaijan, the obligations taken by the Republic of Azerbaijan on the international agreements in field of protection of copyright, related and other rights close to the intellectual property and its Rule. The main duty of the Copyright Agency of the Republic of Azerbaijan (ARA), is a creation of favorable legal conditions for encouragement of activity of the creative people working in field of a science, literature and art, protection copyright, related and other rights close to the intellectual property and maintenance of state policy in field of the international cultural exchange. 1. According to the authorities with the corresponding Orders of the President of the Republic of Azerbaijan and on the basis of rules of clauses of the Laws On copyright and related rights, About the legal protection of topographies of the integral circuits, About the legal protection expressions of the Azerbaijan folklore, About the legal protection expressions of the data bases Copyright Agency of the Republic of Azerbaijan fulfils the following duties and functions: realization of state policy and managements in field of copyright and related rights;

  • COPYRIGHT PROTECTION in Azerbaijan.

    Copyright Agency of the Republic of Azerbaijan / part 2 preparation of the offers on improvement of the legislation in filed of copyright and related rights; the control of fulfillment of the current legislation in field of copyright and related rights; representation of the Republic of Azerbaijan in the international organizations under the copyright and related rights and organization of cooperation in this field; conducting state registration of works of a science, culture and art; conducting state registration of topographies of the integral circuits; registration of organizations, past state registration on management of the property rights on a collective basis and control of their activity; realization of state policy and managements in field of a legal protection of topography of the integral circuits; preparation of the offers on improvement of the legislation in field of a legal protection of topography of the integral circuits and representation them in the appropriate body for consideration when due hereunder; representation of the Republic of Azerbaijan in the international organizations on a legal protection of the integral circuits of topographies and organization of cooperation in this field; carrying out the state registration of the integral circuits, contracts on transfer or concession of the property rights on topography; realization of state policy and managements in field of a legal protection of folklore expressions;

  • Copyright in Modern Azerbaijan /p3 Preparation of the offers on improvement of the legislation in field of a legal protection of folklore expressions; representation of the Republic of Azerbaijan in the international organizations on a legal protection of folklore expressions and organization of cooperation in this field; representation and protection of interests of the state in case of infringement of the rules, established by the legislation, on use of folklore expressions, and also performance of other works stipulated by the legislation; - preparation of the offers on improvement of the legislation in field of a legal protection of data bases; - preparation of the offers on improvement of the legislation in field of a legal protection of data bases and representation them in the appropriate body for consideration when due hereunder; - carrying out the state registration of the data bases, contracts on transfer or concession of the property rights on data bases -representation of the Republic of Azerbaijan in the international organizations on a legal protection of data bases and organization of the cooperation in this field;2. For execution of object in views the Agency carries out the following: maintenance of protection copyright and related rights in territory of Republic according to the current legislation of the Republic of Azerbaijan

  • GOVERNMENT OF AZERBAIJAN ALWAYS SUPPORT ITS CITIZENS IN COPYRIGHT ISSUES VIA STRONG NORMATIVE-LEGISLATION BASE

  • GOVERNMENT ENCOURAGE DIALOGE BETWEEN CREATOR (AUTHOR) AND GOVERNMWENT IS A PART OF WORKING PROCESS IN AZERBAIJAN

  • Legal protection in Civil Code of AR Maintenance of protection of the copyright and related rights

    According to the world practice and also Azerbaijan legislation maintenance of protection of the copyright and related rights is a prerogative of judicial bodies of the Republic of Azerbaijan. Alongside with section V of the legislation on the copyright and related rights, the rules on protection of the rights have found reflection in new Civil, Civil-remedial, Criminal and Administrative Offences Codes, which were entered into force since September 1, 2000. It is necessary to note, that the responsibility for infringements of the intellectual property rights has appreciable increased and assumes punishments of civil, criminal and administrative character. The sanctions for infringements in field of the copyright and related rights are specified in Article 158 of Civil Code, Article 165 of Criminal Code and in Articles 50 and 187 of Administrative - Offences Code.

  • Events organized by Government of the Republic of Azerbaijan in connection with World Book and Copyright Day 23 April and World Intellectual Property Day April 26 in June 2008

  • IP EVENTS IN APRIL 2008

    20 April, 2008. Holding of a round table with Representative (OMBUDSMAN) for human rights of the Republic of Azerbaijan on Prospects of cooperation in the field of protection of intellectual property rights 23 April, 2008. Holding jointly with the Ministry of Culture and Tourism a round table on: "Encouraging Creativity" in the International Information Center 24 April, 2008 Holding of final event with participation of the state bodies, the public organizations, well known scientists, cultures and arts representatives. Solemn presenting to authors and right holders of the certificate on registration of their products. Rewarding of persons who brought the creative contribution for development of the copyright and related rights field with honorary certificates. Presentation of the new IP sites. 10-26 April, 2008 Publication of articles of a senior officials and employees of Agency in connection with celebrating of the "World Book and Copyright Day" - on 23 April and World Intellectual Property Day April 26 26 April 2008 Holding of final press conference for representativesof mass-media

  • Decrees of Azerbaijan Government

    Decrees and Orders of the President of the Azerbaijan Republic in field of the copyright and related rights Since 1996 in the field of legislative base on protection of the copyright and related rights acts the Law "On copyright and related rights" of Republic of Azerbaijan which on a recognition of the international experts, corresponds to all criteria of democratic, civilized societies. The law "On copyright and related rights", adjusting mutual relation between the authors (right owners), products and users, provides realization of state policy in this area, including: - maintenance of state management in this field; - development of the international relations and wide participation of the Azerbaijan Republic in the international cooperation in field of the copyright and related rights. The order of the President of the Republic of Azerbaijan of mister H.Aliyev from 1996 regulates management of field of the copyright, the realization of major measures on execution of the copyright-legal legislation is supplied and are determined the powers of special state body - Copyright Agency of the Republic of Azerbaijan. By the Decree of the President of the Republic of Azerbaijan of mister H.Aliyev from December 26, 2002 " About using of the Law of the Republic of Azerbaijan from November 22, 2002 "About modification and additions in some acts of the Republic of Azerbaijan " since January 1 of 2003 the changes and additions to the Law of the Republic of Azerbaijan "On copyright and related rights" have came into force. In 2002 the Law of the Azerbaijan Republic "About the Legal Protection of Topographies of the Integral Circuits" is accepted. The Decree of the President of the Republic of Azerbaijan of mister H.Aliyev from November 16, 2002 " About using of the Law of the Azerbaijan Republic "About the Legal Protection of Topographies of the Integral Circuits ".

  • GOVERNEMENT / PRESIDENTS OF AR DECREES / PART 2

    By the Decree of the President of the Republic of Azerbaijan of mister I.Aliyev from November 7 of 2003 is accepted the Law of the Azerbaijan Republic "About changes and additions to some acts of the Republic of Azerbaijan" In 2003 the Law "About the Legal Protection of Expressions of the Azerbaijan Folklore" have came into force. The Order of the President of the Azerbaijan Republic of mister H.Aliyev from August 4, 2003 " About using of the Law of the Republic of Azerbaijan " About the Legal Protection of Expressions of the Azerbaijan folklore". The Decree of the President of the Republic of Azerbaijan of mister I. Aliyev from January 29, 2004 " About maintenance of execution of the Law of the Azerbaijan Republic " About the Legal Protection of Expressions of the Azerbaijan Folklore ". The Decree of the President of the Republic of Azerbaijan of mister I. Aliyev from March 5, 2004 "About modification and additions in the Code of the Azerbaijan Republic about administrative offences and in the Criminal Code of the Azerbaijan Republic in connection with using of the Law of the Azerbaijan Republic "About the Legal Protection of Expressions of the Azerbaijan Folklore".

  • Stealing of Azerbaijan culture and morality samples by Armenians By Kamran A. Behbudov Folklore is the mirror of our morality, the indicator of our traditions, inseparable part of our cultural wealth. From the other hand, our ancient folklore traditions enter into the range of common to all mankind values and represent the wealth of world culture. In accordance with the "Legal protection of Azerbaijan folklore samples" Law folklore is considered as new, non-traditional type of intellectual property of our people. That is, in respect of our folklore samples we proceed also from the legal plane, exclusive rights position. The owner of the mentioned exclusive right is Azerbaijan people. In the process of use the origin of folklore sample, it's source must be pointed out by all means. Breach of requirements, stimulated in the law has as a consequence legal responsibility. Legal protection of folklore equally with protection of alive traditions and cultural legacy means the protection of our future development, the prosperity of our people. Stealing of non - material cultural heritage, literature and art, and particularly folklore samples of our people by Armenians has certain history. These false actions, "robbery and misappropriation of other's traditions" turned into Armenian tradition. The seriousness of the problem is represented in the document "Violation and destruction of Azerbaijan cultural heritage" on the session of Parliamentary Assembly of the Council of Europe resulting from effort of delegation of Milli Majlis, is reflected in the Statement of Milli Majlis "In connection with destruction and misappropriation of the Azerbaijan cultural wealth". Let us not one of the "important" principle of the mentioned Armenian tradition. Settled people, should misappropriate cultured heritage of the landowner in order to raise a claim for the territory of his country. Shortly speaking "came, saw, misappropriated".

  • Other important feature of the Law is the following: in the absence of such a Law in Armenia, and the Law on protection of folklore as unique voluntary registration system, stipulated for in Azerbaijan author - legal legislation allows to raise the question concerning breach of norms specified in the mentioned Law by the Armenians before international institutions. All aforesaid became possible as a result of legislation and management system in intellectual property area currently in force, created by our national leader Heydar Aliyev. All these opportunities and established legal mechanisms created conditions to unmask Armenians. It should be particularly noted, that as a result of raised questions before WIPO and other international and regional organizations in corresponding order concerning illegal activity of "ANI Records" studio, that has "great" services of "Ministry of Press and Television programs" of Russian related to stopping of activity of "ANI Records" have already been spread in Mass - Media. Our protest letters concerning intellectual stealing of "ANI Records", including our folk dances "Vagzali", "Tarakama", "Yalli", "Uzundara", "Gazakhi", "Mirzayi", national dances "Khanbaji", "Dali Jeyran" and etc., author's works were delivered to WIPO and other international and respecting institutions of Russia. As the authorized body in this area, we have sent official information and protests to these international inter - state bodies concerning intellectual stealing of Armenians in the past. The same problem occurred in connection with "Vokaliz" work, created on the basis of Azerbaijan folk music. As it has been stated in the letter, addressed to WIPO, as a result of illegal use of that song by Armenians requirements of the Law " About the legal protection of expressions of Azerbaijan folklore" (incorrect indication of origin) as well as respecting article of Bern Convention, provided for protection of unknown author's work, as well as folklore works, and also requirements of respecting articles stipulated for protection of arrangement and private non-property right were breached.

  • The same problem occurred in connection with "Vokaliz" work, created on the basis of Azerbaijan folk music. As it has been stated in the letter, addressed to WIPO, as a result of illegal use of that song by Armenians requirements of the Law " About the legal protection of expressions of Azerbaijan folklore" (incorrect indication of origin) as well as respecting article of Bern Convention, provided for protection of unknown author's work, as well as folklore works, and also requirements of respecting articles stipulated for protection of arrangement and private non-property right were breached. Concrete proposals of Azerbaijan concerning near adoption and coming into force of International agreement "On protection of folklore expressions from illegal use and other harmful actions" have already delivered to this organization. As is obvious, Azerbaijan joined Pact adopted by General Assembly of UNO "On economic, social and cultural rights" and in near future Azerbaijan's report in UNO is expected. I have to note, that in the part, concerning protection of folklore comprehensive information about robberies of Armenians prepared by the Agency are being delivered to the UNO by the corresponding channels. It is possible to continue what have already said. But the main thing is the following: in the course of history our traditions like our mother tongue turned into strong factor of development, one of the significant elements of our national wealth, and at last in most valuable resource.

    Baku, Azerbaijan by Dr. Kamran A. Behbudov

  • GOOD LUCK TO ALL

    PARTICIPANTS OF IPRTA FORUM Mexico 2008 .

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