Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of May 31, 2002 No. 337-IIG

About legal protection of topology of integrated circuits

(as amended on 04-05-2018)

This Law governs the relations arising in connection with creation, legal protection and use of topology of integrated circuits in the territory of the Azerbaijan Republic.

Section I. General provisions

Article 1. Basic concepts

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

1.0.1. the integrated circuit (further referred to as "IS") - fully or partially the electronic product performing function of certain electronic scheme consisting of the elements made in form inseparable from each other on surface and (or) in volume of support and interelement communications;

1.0.2. topology of IS - the spatial and geometrical placement of elements of the integrated circuit and set of interelement communications reflected in support;

1.0.3. commercial use - the offer of sale, delivery in employment or other methods of commercial distribution, and also their implementation;

1.0.4. the owner of the right to topology of IS - the author, his heir, and also the legal entity or physical person which received under the law or on contractual basis exclusive property rights;

1.0.5. topology of the protected IS - the topology provided by this Law satisfying protection conditions.

Article 2. Legislation of the Azerbaijan Republic on legal protection of topology of IS

2.1. The legislation of the Azerbaijan Republic on legal protection of topology of IS consists of this Law, other corresponding regulatory legal acts and international treaties which participant is the Azerbaijan Republic.

Article 3. Scope of the Law

This Law extends to the creator of topology of IS (further - topology), the physical persons and legal entities of the Azerbaijan Republic which are constantly living in the Azerbaijan Republic persons without citizenship, the foreign physical persons and legal entities which are engaged in their creation, and also using them and having the right to topology in the Azerbaijan Republic.

Section II. Legal protection of topology and right to topology

Article 4. Object and conditions of legal protection of topology

4.1. The legal protection of topology established by this Law extends only to original topology.

4.2. The topology created as a result of creative activities of the author is considered original if the return is not proved.

4.3. On the topology consisting of elements and set of the communications known to creators and to IS producers at the time of creation, legal protection does not extend, except as specified, when set of elements entirely is original.

4.4. The legal protection provided by this Law does not extend to the ideas, methods, systems, technologies or the coded information able to be used in topology.

Article 5. Rights of foreign physical persons and legal entities

Based on international treaties in the field of legal protection of topology which participant is the Azerbaijan Republic foreign physical persons and legal entities have the rights provided by this Law for citizens and legal entities of the Azerbaijan Republic.

Article 6. Authorship to topology

6.1. The physical person who created topology as a result of creative activities is considered the author of topology.

6.2. If the topology is created by joint work of several physical persons, each of these persons is considered the author of topology.

6.3. Authorship to topology cannot be aloof, and protection of copyright the law is termless.

6.4. The physical persons which were not performing creative activities in creation of topology, rendering to the author only technical, organizational or financial support or who created opportunity for registration of right to use by topology are not considered as authors of topology.

Article 7. Property right on topology

7.1. The author or other owner of the right has exclusive right on use of topology, except as specified, of the stipulated in Article 10 these Laws.

7.2. The exclusive right on use of topology provides implementation, permission to implementation or prohibition of the following:

7.2.1. productions of IS with similar topology;

7.2.2. distribution of IS with similar topology.

7.3. If the right to topology belongs to several authors or other owners of the right, instructions for use these rights are regulated by the agreement signed between them.

7.4. Without the permission of the author or other owner of the right the following actions are considered as violation of exclusive right of use of topology:

7.4.1. removal of the copy from topology entirely or from this or that its part by inclusion in IS or in other form, except for removals of the copy from non-original part of topology;

7.4.2. application, import, the offer for sale, sale or inclusion in economic circulation in other form of the topology or IS consisting of this topology.

Article 8. Transition of property right to topology to other physical persons or legal entities

8.1. The property right on topology is transferred to other physical persons or legal entities fully or partially and devolves in the procedure established by the legislation.

8.2. The contract on transfer of property right for topology is signed in writing, in the agreement are specified:

8.2.1. amount and methods of use of topology;

8.2.2. amount and rules of payment;

8.2.3. duration of the agreement.

8.3. In case of absence in the agreement of the condition concerning methods of use of topology, the agreement can be considered as the prisoner by use method recognized by the parties which imprisoned him important for achievement of effective objective.

8.4. In case of absence in the agreement of the condition concerning the term of use of topology, the author or other owner of the right after five years after its conclusion can terminate this agreement with the prior notice in six months of the counter party of agreement cancelation.

8.5. Partial transition of the rights is allowed if the agreement does not provide other case of transfer of property right.

Article 9. Property right on the topology created in case of accomplishment of service duties and based on the agreement signed with the customer

9.1. The property right on the topology created in case of accomplishment of service duties or orders of the employer belongs to the employer if the prisoner between the author and the employer the agreement does not provide other.

9.2. The amount and rules to the receivable author of payment are established by the prisoner between him and the employer the agreement.

9.3. The property right on the topology created based on the agreement signed between the customer who is not the employer, and the author belongs to the customer if the agreement does not provide other.

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