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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 15, 2000 No. 21

About approval of the Regulations on patent agents

(The last edition from 30-01-2017)

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About the patent" of August 19, 1998 the No. 755 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Provision on patent agents" it (is applied).

2. This resolution becomes effective from the date of its signing.

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 15, 2000 No. 21

Regulations on patent agents

1. General provisions

1.1. This provision governs the relations connected with professional activity of patent agents in the territory of the Azerbaijan Republic.

1.2. Activities of patent agents are regulated by the laws of the Azerbaijan Republic and this Provision.

1.3. The citizen of the Azerbaijan Republic who is constantly living in the territory of the Azerbaijan Republic, the aware state language of the Azerbaijan Republic having the higher education, which was registered by the state register of patent agents can be the patent agent.

1.4. "The patent agent cannot be the author or the coauthor of the invention, the useful model and industrial design connected with activities which he advises or performs within the powers conferred to it.

1.5. The patent agent in the activities is guided by the laws of the Azerbaijan Republic, other legal acts of the Azerbaijan Republic, Presidential decrees of the Azerbaijan Republic, resolutions of the Cabinet of Ministers of the Azerbaijan Republic, this Provision and international treaties supported by the Azerbaijan Republic.

2. Relations between the patent agent and the principal

2.1. The relations between the patent agent and legal entities and physical persons, claimants, owners of inventions, useful models, industrial designs, trademarks and geographical instructions of the Azerbaijan Republic and foreign countries (further - the principal) are regulated on the basis of the agreement. Powers of the patent agent are confirmed by the "Power of attorney" issued to it by the principal. The patent agent has powers within inventions, useful models, industrial designs, trademarks and geographical instructions specified in their "Power of attorney".

2.2. The patent agent can refuse accomplishment of the order received from the principal if the principal did not fulfill the obligations or made the demands contradicting the existing legal acts of the Azerbaijan Republic, professional ethics of patent agents.

Relations between the principal and the patent agent are considered in Appeal council of the State committee of the Azerbaijan Republic on standardization, metrology and the patent (further - GKSMP) (further - the Appeal commission). If the parties will not agree with the decision of the Appeal commission, they can take a legal action.

2.3. Information which the patent agent obtains from the principal in connection with accomplishment of its order under the agreement is recognized confidential.

3. Activities of the patent agent

3.1. Patent agent:

based on orders of the principal performs works on creation, submission of the action for declaration on inventions, useful models, industrial designs, trademarks and geographical instructions, receipt of the relevant security document, preserving it in force and performs other legally significant works;

represents the principal in case of realization, including in case of presentation, its rights according to inventions, useful models, industrial designs, trademarks and geographical instructions, in questions of the conclusion of license agreements;

within the powers represents the principal as the claimant or the defendant to GKSMP and in the organizations subordinated to it, in court, other bodies;

advises the principal in the field of protection of industrial property.

4. Rights of the patent agent

4.1. The patent agent has the right:

when rendering services to the principal to receive from it payment;

within the rights granted to it to request organizations and the organizations on its own behalf from the documents connected with execution of work of the attorney, to submit these documents or their copies to the principal;

create organization of patent service according to established procedure or be engaged in the professional activity, without being legal entity.

5. Requirements to skill level of the patent agent

5.1. As the patent agent can be certified:

the persons which ended special rate in the field of protection of industrial property or having length of service at least two years in the field, the lawyers having length of service at least 2 years in scope of the right and training in it.

Persons certified as the patent agent shall have necessary knowledge in the field of regulatory legal acts of the Azerbaijan Republic, international treaties of protection of the rights of inventions, useful models, industrial designs, trademarks and geographical instructions.

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