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LAW OF THE AZERBAIJAN REPUBLIC

of May 22, 2012 No. 365-IVQ

About ensuring intellectual property rights and about fight against piracy

(as amended on 02-04-2021)

This Law according to Item 13 of part I of article 94 of the Constitution of the Azerbaijan Republic governs the relations arising in connection with ensuring protection of intellectual property rights, protection of interests of owners of intellectual property and prevention of offenses in this area including illegal production and distribution of copies of intellectual property items.

Chapter 1. General provisions

Article 1. Basic concepts

1.0. For the purposes of this Law the following basic concepts are used:

1.0.1. intellectual property rights - the rights to the works which are object of copyright, execution, soundtrack, transfer of the organizations of broadcasting, topology of integrated circuits, databases, folklore expressions (traditional cultural expressions), inventions, useful models, industrial designs, trademarks, geographical instructions;

1.0.2. the owner (owner) of intellectual property rights - physical person or legal entity which possesses intellectual property rights, including concerning folklore expressions (traditional cultural expressions) - the Azerbaijan Republic;

1.0.3. the audiovisual work - the cinema and other works expressed by the means similar cinema (TV, videos, filmstrips, slide movies, animation movies and others) which consist of series of the images connected among themselves (with maintenance or without maintenance and sound) generating impression of movement and which is intended for visual (acoustical) perception by means of the corresponding technical devices, recorded with the corresponding material carrier;

1.0.4. soundtrack - exclusively sound record of execution or other sounds on the corresponding material carriers;

1.0.5. the computer program - set of instructions in the form of words, codes, schemes and other type which being expressed in machine-readable form, puts the computer in action for achievement of particular purpose or result (the computer program covers primary, or both the operational, and application program expressed in object codes);

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

1.0.7. copy of the audiovisual work, soundtrack, the computer program, database and book - the copy made directly or indirectly from the audiovisual work, soundtrack, the computer program, the database and the book and reflected in the corresponding material carrier;

1.0.8. distribution of copies - release in civil circulation of copies of audiovisual works, soundtracks, computer programs, databases and books by sale or different way of transfer of property;

1.0.9. piracy products - copies of the audiovisual works, soundtracks, computer programs, databases and books made (made) without the consent of their owner;

1.0.10. piracy - production (production) and distribution of piracy products;

1.0.11. counterfeit products - the goods illegally equipped with the trademarks, geographical indexes or signs similar to them to extent of mixture;

1.0.12. the international standard identification numbers (ISBN, ISMN, ISSN, ISAN and ISRC)-? the nikalny digital codes providing identification of books, music turns, periodicals, audiovisual works, audio - or videos;

1.0.13. control brand - the special brand of single sample which is confirming production (production) of copies of audiovisual works, soundtracks, computer programs, databases and books with copyright compliance and the related rights and granting the right to distribution of these copies, having the alphanumeric code attached on copies and means of holographic protection, provided for one-time use.

Article 2. Scope of this Law

2.1. The measures provided by this Law are aimed at providing the rights of owners of intellectual property and their interests and are applied according to the procedure, provided by the relevant legislation in cases of violation of intellectual property rights.

2.2. The questions in the field of intellectual property rights which are not provided by this Law are regulated by the Constitution of the Azerbaijan Republic, the Laws of the Azerbaijan Republic "About copyright and the related rights", "About the patent", "About trademarks and geographical instructions", "About legal protection of databases", "About legal protection of topology of integrated circuits", "About legal protection of expressions of the Azerbaijani folklore", other regulatory legal acts and international treaties of the Azerbaijan Republic.

2.3. This Law does not deny the provisions concerning providing the rights, exceptions and restrictions provided in other laws of the Azerbaijan Republic in the field of intellectual property rights.

2.4. This Law extends to objects of copyright and objects the friend of intellectual property rights which protection term according to the legislation did not expire at the time of entry into force of this Law, and also the works announced by the state property.

2.5. The relations in the sphere of ensuring intellectual property rights in the Alyatsky free economic zone are governed according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Chapter 2. Civil and ministerial procedures in case of violation of intellectual property rights and remedies

Article 3. The procedures providing civil protection

The procedures providing civil protection of intellectual property rights shall be equal, fair and simple, shall not promote useless delays and shall be performed according to the procedure, provided by the civil and procedural legislation of the Azerbaijan Republic.

Article 4. Proofs

Actions for request and providing the proofs connected with the civil cases concerning violation of intellectual property rights are performed according to the procedure, provided by the Code of civil procedure of the Azerbaijan Republic.

Article 5. Right to information

5.1. In case of the reasonable address of the owner or his representative the court considering the civil case concerning violation of the intellectual property rights having the right to request from person which allowed offense, to provide to the owner information on the third parties directly or indirectly participating in production (production), distribution of piracy or counterfeit products and rendering the services violating intellectual property rights, and also information at the defendant on distribution channels of such goods.

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