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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of March 13, 2003 No. 36

About the questions connected using the Law of the Azerbaijan Republic "About legal protection of topology of integrated circuits"

(as amended on 19-09-2018)

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About legal protection of topology of integrated circuits" of November 16, 2002 the No. 814 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of state registration of topology of integrated circuits and issue of certificates on them" (are applied).

2. Approve "Rules of maintaining the State register of topology of integrated circuits" (are applied).

3. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

A. Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 13, 2003 No. 36

Rules of state registration of topology of integrated circuits and issue of certificates on them

These rules are developed in pursuance of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About legal protection of topology of integrated circuits" of November 16, 2002 No. 814 and establish rules of carrying out state registration of topology of integrated circuits (further "topology"), issues of the certificate on their registration, the list of the materials and documents attached to the requisitioning instrument for registration of topology.

1. General provisions

1.1. During protection of topology voluntary state registration in the Agency of the Azerbaijan Republic on Intellectual property can be carried out it (further - "Agency").

1.2. The following persons can carry out state registration of topology:

- owners, being physical persons and legal entities of the Azerbaijan Republic;

- the foreigners and persons without citizenship who are constantly living in the Azerbaijan Republic, being owners of topology;

- physical persons and legal entities of other states according to international treaties with participation of the Azerbaijan Republic;

- legal successors (heirs) of persons specified in this Item, and equally in persons who acquired the exclusive corporeal right under the agreement.

2. The list of the materials and documents attached to the requisitioning instrument for registration of topology

2.1. The following materials and documents are applied to the requisitioning instrument for carrying out state registration of topology:

2.1.1. statement;

2.1.2. one of forms in which the materials identifying topology are expressed (the drawing, the drawing, the photo, the topology which is accurately constituted together with the paper);

2.1.3. the document on the duty paid for registration;

2.1.4. in case of submission of documents through the predstavitelyadokument confirming representation.

Notes

Documents shall be submitted in Azerbaijani. If some of documents it is constituted in other language, its translation into the Azerbaijani certified in the existing procedure shall be enclosed;

Documents for state registration of topology can be submitted directly by the owner of exclusive right or, in the procedure established by the legislation, through his representative;

The requisitioning instrument on state registration of topology shall concern one topology and is provided to the Agency directly or sent by mail;

The requisitioning instrument for registration is submitted in one copy, responsibility for fidelity of materials is born by the job seeker who submitted the document;

The instruction on form and content of the materials and documents entering the requisitioning instrument in the appropriate order affirms the Agency.

3. Registration of transition of the corporeal rights to topology

3.1. The agreement on complete transition of the corporeal right to the registered topology to other physical person or legal entity is registered the Agency and since the same moment becomes effective.

3.2. For registration of the agreement on complete transition of the corporeal right to the registered topology the job seeker submits the application. Are enclosed to the application:

- the copy signed by agreement parties or the agreement extract certified according to the legislation, including necessary data (agreement term, the term relating to use of topology, amount and methods of use, the rule of payment, the name and the address of the parties);

- original of the certificate on state registration of topology;

- the document on the duty paid for registration.

3.3. With the consent of the parties the agreement on concession of the corporeal right to topology to other physical persons and legal entities can be registered in the Agency. In the presence of such consent of the party submit the application to which copies of the relevant documents listed in Item 3.2 of these rules are enclosed.

3.4. Upon transition of the corporeal rights to the registered topology by inheritance the job seeker submits the application. Are enclosed to the application:

- the document on the duty paid for registration;

- copy of the certificate on inheritance.

4. Consideration of documents for state registration

4.1. On the requisitioning instrument submitted to the Agency for registration the entering number and date are put. In case of compliance of documents for registration to requirements of Item 2 of these rules the requisitioning instrument is taken cognizance.

The certificate of adoption of the document for registration is issued to the job seeker or his representative (with indication of entering numbers, date and the list of the accepted documents).

4.2. Documents for registration are considered by the Agency within 1 month.

These documents are checked according to requirements of Item 2 of these rules, by positive result of check the Agency grants to the job seeker the certificate on state registration of topology of the integrated circuit in the established form (is applied).

Note

After carrying out by the Agency state registration of the fact of complete transition to legal entity or physical person, by inheritance or under the agreement, the corporeal right to topology the owner of the corporeal right to topology has the right to the new certificate on state registration.

4.3. Data on the registered topology in accordance with the established procedure are entered in the State register, and information on registration is officially published.

The text of data and contents of summaries are prepared by the job seeker and approved by it with the Agency.

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