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The agreement between the Government of the Republic of Kazakhstan and the Government of the Azerbaijan Republic on cooperation in the field of protection of copyright and the related rights

of October 22, 1999

The government of the Republic of Kazakhstan and the Government of the Azerbaijan Republic which are referred to as further with the Parties in view of historically developed relations between two states,

being convinced that the scientific and cultural cooperation and exchange promote the best mutual understanding between the people, and also promote consolidation of bonds between the states,

aiming at further cooperation increase in the field of mutual exchange of cultural values by use of works of science, literature and art,

considering modern role of copyright and the related rights in forming of national cultural capacity, in the international cultural exchange, and also in development of the equal interstate trade and economic and scientific and technical relations,

understanding need of creation for this purpose of concurrent favorable conditions for protection of the rights of authors and owners of the related rights,

in view of provisions of the World Convention on copyright of September 6, 1952 and the Agreement on cooperation in the field of protection of copyright and the related rights of September 24, 1993 which participants are both Parties,

agreed as follows:

Article 1

Each of the Parties recognizes copyright and the related rights to the works and objects of the related rights belonging to physical persons and legal entities of other Party and their legal successors irrespective of the place of their first publication, and will provide protection of these rights on the same bases which are created by the domestic legislation for its own physical persons and legal entities, and using the same legal remedies on the same bases and in the same amount.

Article 2

The parties perform and develop cooperation in the field of protection and use of the rights to works of science, literature and art on the basis of mutual advantage and equality according to this agreement and other international treaties which participants they are or will be.

Article 3

The parties encourage use in the territory of works of science, literature and art created by citizens and legal entities of other Party.

Article 4

The cooperation of the Parties will be directed on:

settlement, connected with protection and use of the rights to objects of copyright and the related rights;

exchange of information, regulating and other documents, and also work experience and specialists in the field of protection of copyright and the related rights.

Article 5

The parties apply the World Convention on copyright of September 6, 1952 also to works or the rights to works of citizens of other Party which were created till May 27, 1973 (date of the entry of the former USSR in the World Convention on copyright), but were not published before this date in the territory of the Parties or in other territory.

However, if such works were published before entry into force of this agreement in the territory of other Party as unprotected works, then they will be considered unprotected in the specified territory and after entry into force of this agreement. At the same time the concept of appearance is interpreted in sense of article VI of the World Convention on copyright of September 6, 1952.

Article 6

Fall under action of this agreement, taking place after entry into force of this agreement, use of the works specified in Article 5 concerning which terms of protection of copyright did not expire yet.

Article 7

The parties, according to the Agreement on cooperation in the field of protection of copyright and the related rights of the September 24, 1993 signed in the city of Moscow confirm need and from now on adoptions of the bills providing protection of copyright at the level of requirements of the Bern Convention on protection literary and works of art, the Geneva Convention on protection of producers of soundtracks from not permitted reproduction of their soundtracks, the Roman Convention on protection of the rights of actors contractors, producers of soundtracks, the organizations of TV and radio broadcasting and also will take measures for membership in the specified Conventions.

Article 8

All payments and calculations following from application of Article 5 of this agreement will be performed according to the current legislation of each of the Parties in freely convertible currency, however at the request of the corresponding owner, payments and calculations can be perfromed in national currency of the Party making payments.

Article 9

The parties will inform each other on the laws and other regulations of the countries important for practical application of this agreement.

Article 10

Origin, content and the termination of copyright shall be determined by the legislation of that Party in the territory of which the fact of their use or violation takes place.

Article 11

All documents directed by the Parties each other during implementation of this agreement are represented in state language with transfer into Russian.

Article 12

Are responsible for implementation of this agreement:

In the Republic of Kazakhstan - Committee on copyright of the Ministry of Justice of the Republic of Kazakhstan.

In the Azerbaijan Republic - Copyright agency of the Azerbaijan Republic (Az's AAP. Р).

The procedure and conditions of cooperation of relevant organs will be determined by special agreements between them.

Article 13

In case of disagreements on the questions following from this agreement or with its accomplishment, agents of the parties will hold the corresponding consultations and will make necessary efforts for achievement of settlement of these disagreements.

Article 14

This agreement does not interfere with participation of the Parties in bilateral and multilateral cooperation with other states in the field of protection of copyright and the related rights.

Article 15

This agreement becomes effective from the date of the last written notice of accomplishment of the interstate procedures by the Parties necessary for its entry into force, and will be effective within five years.

Operation of the Agreement is automatically prolonged for the subsequent five-year period if any of the Parties in writing does not notify other Party in six months prior to the expiration on the decision to terminate the Agreement.

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