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The document ceased to be valid since July 25, 2015 according to article 40 of the Law of the Azerbaijan Republic of May 15, 2015 No. 1281-IVQ.

LAW OF THE AZERBAIJAN REPUBLIC

of October 3, 1997 No. 376-IQ

About advertizing

(as amended on 17-10-2014)

Chapter I. General provisions

This law governs the relations arising in production process, placements and distribution of advertizing by legal entities and physical persons on commodity market, works and services (further - "goods") in the Azerbaijan Republic.

Article 1. Basic concepts

The concepts used in this Law mean:

"advertizing" - information which extends for the purpose of forming of interest in physical persons and legal entities, goods, the ideas and innovations (ad info) or maintenance of this interest, contribution of sales of goods, implementation of the ideas and innovations;

"social advertizing" - information of non-commercial nature which opens essence of the actions undertaken in the direction of strengthening of sovereignty and statehood of the Azerbaijan Republic and the undertaken reforms is carried to wide people at large, strengthens feelings of irreconcilability to emotional neglect concerning sovereignty of the Azerbaijan Republic, national, military patriotism, approves public consciousness with the new economic relations, recovers such national traditions as entrepreneurship and charity, creates at the population of mood of optimism, belief in the future, excerpts, is ordered by state bodies, public institutes for the purpose of increase in level of political, sanitary, ecological culture of the population and extends on any advertizing carriers;

"inadmissible advertizing" - doubtful, unethical, obviously false advertizing, and also advertizing in which the requirements established by the legislation concerning its content, the place and method of distribution are violated;

"counter-advertizing" - the advertizing extended for the purpose of confutation of inadequate advertizing and liquidation of the effects caused by it;

"the consumer of advertizing" - physical person or legal entity to which attention the ad info is brought consequence of what is or can be advertisement impact on it;

"the advertizing carrier" - any means which is directly used for bringing advertizing to the consumer irrespective of form of its property (mass media, film, audio-, video and publishing products, stationary, mobile and other technical devices and the equipment);

"advertiser" - physical person or legal entity which is source of the ad info for production, placement and distribution of advertizing;

"advertisement producer" - physical person or legal entity, completely or partially preparing the ad info for distribution;

"advertizing distributor" - the physical person or legal entity placing (extending) advertizing by use or provision in use of property including, mass media, and different ways;

"advertizing agency" - the professional organization which is legal entity renders the complex services connected with production and distribution of advertizing;

"sponsorship" - rendering voluntary paid monetary and financial support or free services;

"offer" - the offer directed by person having the intention to sign the agreement, to one or several particular persons showing important terms of the contract and answering to the proposal of this person on will to sign the agreement with any person.

Article 2. Scope of the law

1. This Law extends to legal entities (their branches and representations) and physical persons who are engaged in the order, production and distribution of advertizing in the territory of the Azerbaijan Republic.

2. This Law does not extend to political advertizing, and also the declarations of legal entities and physical persons which are not connected with business activity.

Article 3. Subjects of advertizing activities

Subjects of advertizing activities are advertisers, advertisement producers and advertizing distributors, the advertizing agencies performing purposeful activities for forming or maintenance of interest in the vendor, goods, service, the idea, innovation.

Article 4. Legislation on advertizing

In the Azerbaijan Republic advertizing activities are regulated by this Law and other existing legal acts of the Azerbaijan Republic.

If international treaties of the Azerbaijan Republic provide the rules different from those which are established by this Law, the rules fixed in international treaties are applied.

Article 5. Copyright of advertizing

Advertizing is object of copyright and the related rights on the conditions provided by the Law of the Azerbaijan Republic "About copyright and the related rights". The specified rights are protected according to the current legislation of the Azerbaijan Republic.

Chapter II. General and partial requirements to advertizing

Article 6. General requirements to advertizing

1. Advertizing of the goods which are subject to obligatory certification without availability of the certificate of conformity is prohibited.

The actions directed to introduction of consumers in delusion such as false comparison of market subjects, goods which can mislead the consumer and its advertizing distribution, use of the illegal advertizing means influencing liberty of choice of the consumer during purchase or the transaction are inadmissible.

Purposeful drawing attention of the consumer of advertizing to specific goods, the vendor, the consumer or the seller without preliminary corresponding warning in not advertizing nature of products of mass information, film and publishing products for the purpose of forming or maintenance of interest in them is inadmissible. In case of distribution of such materials parts warning of advertizing shall repeat also according to quantity of these parts.

In cases of publication or distribution of media advertizing in the form of information, editorial or author's material the payment for advertizing is not levied.

2. Advertizing of goods which production and realization are prohibited by the legislation of the Azerbaijan Republic is inadmissible.

3. If activities of the advertiser require the license, in advertizing the license number and the name of the organization which granted this license shall be specified.

4. In need of certification of the advertized goods distribution of advertizing shall be followed by text "is subject to obligatory certification".

5. Use in advertizing of objects of exclusive right (intellectual property) can be made according to the procedure, stipulated by the legislation the Azerbaijan Republic.

6. Advertizing shall not call citizens for violence, aggression, to create confusion, and also to encourage the actions capable to cause damage to health and safety of physical persons, the activities directed to violation of the nature protection legislation.

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