Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of June 10, 1997 No. 312-IQ

About the patent

(as amended on 19-02-2019)

This Law governs the property relations and the related personal property relations arising in connection with creation, legal protection and use of inventions, useful models and industrial designs.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

the invention, useful model and industrial design - the invention, useful model and industrial design which are result of intellectual activities of the person;

the invention - the technical solutions relating to products or method in any industry;

useful model - the technical solutions relating to the device;

industrial design - the art or art and constructive solution of product determining its new appearance;

the patent - the security document for the invention, useful model and the industrial design issued by the structure established by relevant organ of the executive authority;

method - accomplishment in certain sequence of the processes connected with each other over material object by means of appliances;

products - the cultures of plant or animal cells created as a result of intellectual activities, strain of microorganisms, substance, the device;

the device - the product, the mechanism, structure made of the structural elements constituting functional and constructive unity, or their sets;

the request - the document package constituted for receipt of the patent for object of industrial property.

Article 2. Legislation of the Azerbaijan Republic on the patent

2.1. The legislation of the Azerbaijan Republic on the patent consists of the Constitution of the Azerbaijan Republic, this Law, other legal acts adopted according to this Law and international treaties with participation of the Azerbaijan Republic.

2.2. The relations arising in connection with creation, legal protection and use of inventions, useful models and industrial designs in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 3. Legal protection of the invention, useful model and industrial design

The rights to the invention, useful model and industrial design are protected by the state and are confirmed by the patent.

The patent certifies authorship, priority to the invention, useful model and industrial design and grants exclusive right on its use.

The invention, useful model and industrial design which use for commercial purposes contradicts public concerns, the principles of humanity and morals do serious harm to health and life of people, animals, protection of plants, the environment, are not protected by the patent, and their use is forbidden.

Article 4. Obligations of the state in the sphere of protection of inventions, useful models and industrial designs and uses of them

 4.1. Obligations of the state in the sphere of protection of inventions, useful models and industrial designs and uses of them consist of following:

4.1.1. forming and realization of state policy in the sphere of protection of inventions, useful models and industrial designs and uses of them;

4.1.2. protection by the state of the rights to inventions, useful models and industrial designs;

4.1.3. patent grant on inventions, useful models and industrial designs;

4.1.4. maintaining the state register of inventions, useful models and industrial designs;

4.1.5. the organization and implementation of the state supervision in the sphere of use of inventions, useful models and industrial designs;

4.1.6. development of international cooperation and creation of conditions for experience exchange in the sphere of protection of inventions, useful models and industrial designs and uses of them;

4.1.7. implementation of other measures in the sphere of protection of inventions, useful models and industrial designs and uses of them.

4.2. It is cancelled according to the Law of the Azerbaijan Republic of 19.02.2019 No. 1510-VQD

Article 5. Appeal council

1. The disputes connected with application for the invention, useful model and industrial design, its examination, patent grant, and also certification, registration and activities of patent agents are considered by Appeal council of relevant organ (structure), the established executive authority. The decision of Appeal council can be appealed in court according to the procedure, established by the Administrative Procedure Code of the Azerbaijan Republic.

2. The regulations on Appeal council of relevant organ of the executive authority affirm relevant organ of the executive authority.

Article 6. Patent agent

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

The patent agent helps the principal with receipt of the patent for the invention, useful models and industrial designs and conducting works on preserving it in force, represents it in case of realization of the rights to objects of industrial property, the conclusion of license agreements, protects interests of the principal in the body (structure) established, court and performs other works within the powers.

2. Activities of patent agents are regulated by this Law and the Provision approved by relevant organ of the executive authority.

3. 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.

Chapter II. Patentability conditions invention, useful model and industrial design

Article 7. Conditions of patentability of the invention

The technical solutions relating to products or method in any industry are considered as subjects of the invention.

2. Legal protection is provided to the invention if it is new, has inventive level it (is not known) and is industrially applicable it (is useful).

3. The invention is recognized new if it does not repeat any part from set of cash knowledge. The data which became public in the world before date of application for the invention belong to set of cash knowledge.

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