Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of September 14, 2004 No. 755-IIG

About legal protection of databases

(as amended on 04-05-2018)

This Law regulates the legal relations arising in connection with creation and use of databases irrespective of form.

Chapter I. General provisions

Article 1. The basic concepts applied in this Law

1.0. The concepts used in this Law have the following values:

1.0.1. the database is objective form of submission of works, data and other information constituted in systematic or methodical procedure and available through electronic or other means;

1.0.2. legal protection of the database - double form of protection of the copyright of structure of the database and the right of special protection of contents of the database existing independently from each other;

1.0.3. adaptation of the database - modification of the database, performed for the purpose of ensuring functioning of the database on specific technical means of the user or in compliance by the used specific programs of the user;

1.0.4. modification (conversion) of the database - other changes which are not adaptation of the database;

1.0.5. reproduction of the database is record of one or more copies of the database on any material carrier, including record in memory of the computer;

1.0.6. public display and execution of the database - any display and form of execution making the database available for the uncertain group of people;

1.0.7. publication of the database - submission of the database to the uncertain group of people, including its record in memory of the computer and release of the printing text provided that number of copies satisfies reasonable requirements;

1.0.8. the message for general data of the database - any message for general data on wires or means of wireless communication, including availability of the database to masses from any place and at any time at their own choice;

1.0.9. distribution of the database - informing everyone the original and copies of the database by sale or other transfer of property;

1.0.10. use of the database - reproduction, publication, public performance, display and the message for general data, its distribution, including modification and other actions for its introduction in civil circulation. Transfer by mass media of messages on the published database is not recognized use of the database;

1.0.11. means of technical protection - any technical installations or their parts controlling the receipts in the database eliminating or limiting actions without the permission of the owner or the user.

Article 2. Legislation on legal protection of databases

2.1. The legislation of the Azerbaijan Republic on legal protection of databases consists of the Constitution of the Azerbaijan Republic, this Law, the Law of the Azerbaijan Republic "About copyright and the related rights", other corresponding regulatory legal acts and international treaties which participant is the Azerbaijan Republic.

2.2. In case of contradictions between this Law and international treaties which participant is the Azerbaijan Republic international treaties are applied.

Chapter II. Copyright

Article 3. Protection subject

3.1. Based on this Law of the database, at the choice and creation of data being result of creative activities, are protected by copyright, and it is applied according to the Law of the Azerbaijan Republic "About copyright and the related rights".

3.2. Protection of the database copyright does not depend on whether materials on which they are based or which they include, are copyright object.

3.3. Protection by copyright extends to the databases as published, not published, provided in objective form irrespective of their appointment and advantage.

3.4. Protection of the database copyright does not extend to the ideas and the principles which are the cornerstone of the database, its any element including to the ideas and the principles of the organization of the interface and algorithm, and also programming languages.

3.5. Protection of the database copyright does not belong to its content, the structure of base is protected for matching and arrangement of materials and in case of protection of the elements relating to content is applied together with them.

3.6. Copyright of the database is not connected with the property right to the material carrier and any assignment of rights on the material carrier does not involve transfer of any rights to this base.

3.7. Copyright of the database does not interfere with other persons by independent matching and arrangement of the same works and materials to create new base.

Article 4. Copyright

4.1. The physical person (persons) who created the database as a result of creative activities is considered his author (authors). Copyright of the database created by joint work of two or more physical persons (co-authorship) belongs jointly to these persons.

4.2. Copyright of the database created according to the procedure of service duties or according to the procedure of accomplishment of office task of the employer, belongs to the author of the office database. Exclusive rights on use of the database belongs to person with whom the author consists in employment relationships (employer) if other is not provided in the contract between them.

4.3. Irrespective of who possesses property rights on the database which is copyright object based on the Law of the Azerbaijan Republic "About copyright and the related rights" the personal (non-property) rights belong only to the author.

4.4. The exclusive right of the author or other owner on use of the database which is copyright object means implementation, permission to implementation or prohibition of the following:

4.4.1. reproduction of the database fully or partially in any form and in any manner;

4.4.2. modification of the database, including the translation from one language on other language;

4.4.3. distribution in any form of the database and its copies and import for the purpose of distribution (with release of copies of databases in civil circulation concerning these copies the diffusion right loses force);

4.4.4. any public display and execution of the database;

4.4.5. any public message of the database;

4.4.6. others use of the database.

4.5. Person which on legal causes received the database protected by copyright without the permission of the author or other owner of copyright and without payment of award can carry out the following:

4.5.1 to make necessary changes for adaptation of the database, and also if the author's agreement does not provide other, to make any action in connection with its work in compliance as appointment, including record and storage in memories of the computer, correction of appreciable errors;

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