Transcript Intellectual property

Intellectual Property
standards in Modern
Azerbaijan
How do we protect
Intellectual Property in
Azerbaijan.
Legal acts on IP Protection in
Azerbaijan Republic
INDUSTRIAL
INVENTORIES AND
TRADEMARKS
PROTECTION
PROTECTION OF
COPYRIGHTS
LEGISLATIVE STANDATDS OF AR IN PATENT LAW / PART 1
Азербайджанская Республика с 25 декабря 1995 года стала
участницей:
Конвенции, учреждающей Всемирную организацию
интеллектуальной собственности (ВОИС);
Парижской конвенции по охране промышленной
собственности;
Мадридского соглашения о международной регистрации
знаков;
Договора о патентной кооперации (РСТ);
Евразийской Патентной Конвенции.
Нормативно-правовую базу Азербайджанской Республики в
области промышленной собственности, в частности,
составляют:
Закон Азербайджанской Республики "О патентах", № 312-10
(принят 10 июня 1997 года и вступил в силу 2 августа 1997
года (дата публикации)).
Закон Азербайджанской Республики "О товарных знаках и
географических указаниях", № 504-Ю (принят 12 июня 1998
года и вступил в силу 27 августа 1998 года (дата
публикации)).
LEGISLATIVE BASIS OF AZERBAIJAN IN PATENT LAW / PART 2
Закон Азербайджанской Республики "О недобросовестной
конкуренции" (принят 2 июня 1995 года).
"Правила по оплате и размерам пошлин и сборов в области охраны
объектов промышленной собственности", утвержденные
Постановлением Кабинета министров за № 37 от 6 марта 2000 года и
вступившие в силу с 1 мая 2000 года.
"Положение о патентных поверенных", утвержденное
Постановлением Кабинета министров за № 21 от 15 февраля 2000
года и вступившее в силу с даты его подписания.
"Правила подачи и экспертизы заявок на регистрацию товарных
знаков", утвержденные Постановлением Кабинета министров за №
166 от 15 октября 1999 года и вступившие в силу с даты их
подписания.
"Порядок ведения Государственного реестра товарных знаков",
утвержденный Постановлением Кабинета министров за № 143 от 30
августа 1999 года и вступивший в силу с даты его подписания.
"Порядок ведения Государственного реестра географических
указаний", утвержденный Постановлением Кабинета министров за
№ 143 от 30 августа 1999 года и вступивший в силу с даты его
подписания.
"Правила составления, подачи и рассмотрения заявки на выдачу
патента на изобретение", утвержденные Приказом № 09 по ГКНТ от
5.07.1999 г.
"Правила составления, подачи и рассмотрения заявки на выдачу
патента на промышленный образец", утвержденные Приказом № 05
по ГКНТ от 8.05.1998 г.
COPYRIGHT PROTECTION in Azerbaijan.
Copyright Agency of the Republic of Azerbaijan / part 1
Copyright Agency of the Republic of Azerbaijan (СARA) is a body of the
central executive power which put into practice state policy in field of
protection of copyright, related and other rights close to the intellectual
property.
Copyright Agency of the Republic of Azerbaijan (СARA) is guided by the
Constitution, laws of the Azerbaijan Republic, Decrees and Orders of the
President of the Republic of Azerbaijan, Decisions and Orders of a Cabinet of
the Ministers of the Republic of Azerbaijan, the obligations taken by the
Republic of Azerbaijan on the international agreements in field of protection of
copyright, related and other rights close to the intellectual property and it’s
Rule.
The main duty of the Copyright Agency of the Republic of Azerbaijan (СARA),
is a creation of favorable legal conditions for encouragement of activity of the
creative people working in field of a science, literature and art, protection
copyright, related and other rights close to the intellectual property and
maintenance of state policy in field of the international cultural exchange.
1. According to the authorities with the corresponding Orders of the President
of the Republic of Azerbaijan and on the basis of rules of clauses of the Laws
«On copyright and related rights», «About the legal protection of topographies
of the integral circuits», «About the legal protection expressions of the
Azerbaijan folklore», «About the legal protection expressions of the data
bases» Copyright Agency of the Republic of Azerbaijan fulfils the following
duties and functions:
• realization of state policy and managements in field of copyright and related
rights;
COPYRIGHT PROTECTION in Azerbaijan.
Copyright Agency of the Republic of Azerbaijan / part 2
• preparation of the offers on improvement of the legislation in filed of
copyright and related rights;
• the control of fulfillment of the current legislation in field of copyright and
related rights;
• representation of the Republic of Azerbaijan in the international
organizations under the copyright and related rights and organization of
cooperation in this field;
• conducting state registration of works of a science, culture and art;
• conducting state registration of topographies of the integral circuits;
• registration of organizations, past state registration on management of
the property rights on a collective basis and control of their activity;
• realization of state policy and managements in field of a legal protection
of topography of the integral circuits;
• preparation of the offers on improvement of the legislation in field of a
legal protection of topography of the integral circuits and representation
them in the appropriate body for consideration when due hereunder;
• representation of the Republic of Azerbaijan in the international
organizations on a legal protection of the integral circuits of topographies
and organization of cooperation in this field;
• carrying out the state registration of the integral circuits, contracts on
transfer or concession of the property rights on topography;
• realization of state policy and managements in field of a legal protection
of folklore expressions;
Copyright in Modern Azerbaijan /p3
• Preparation of the offers on improvement of the legislation in field of a
legal protection of folklore expressions;
• representation of the Republic of Azerbaijan in the international
organizations on a legal protection of folklore expressions and
organization of cooperation in this field;
• representation and protection of interests of the state in case of
infringement of the rules, established by the legislation, on use of
folklore expressions, and also performance of other works stipulated
by the legislation;
- preparation of the offers on improvement of the legislation in field of a
legal protection of data bases;
- preparation of the offers on improvement of the legislation in field of a
legal protection of data bases and representation them in the
appropriate body for consideration when due hereunder;
- carrying out the state registration of the data bases, contracts on
transfer or concession of the property rights on data bases
-representation of the Republic of Azerbaijan in the international
organizations on a legal protection of data bases and organization of
the cooperation in this field;
2. For execution of object in views the Agency carries out the following:
• maintenance of protection copyright and related rights in territory of
Republic according to the current legislation of the Republic of
Azerbaijan
GOVERNMENT OF AZERBAIJAN
ALWAYS SUPPORT ITS CITIZENS IN
COPYRIGHT ISSUES VIA STRONG
NORMATIVE-LEGISLATION BASE
GOVERNMENT ENCOURAGE DIALOGE
BETWEEN
CREATOR (AUTHOR)
AND GOVERNMWENT IS A PART
OF WORKING PROCESS
IN
AZERBAIJAN
Legal protection in Civil Code of AR
Maintenance of protection of the copyright and related rights
According to the world practice and also Azerbaijan
legislation maintenance of protection of the copyright and
related rights is a prerogative of judicial bodies of the
Republic of Azerbaijan. Alongside with section V of the
legislation on the copyright and related rights, the rules on
protection of the rights have found reflection in new Civil,
Civil-remedial, Criminal and Administrative Offences Codes,
which were entered into force since September 1, 2000. It is
necessary to note, that the responsibility for infringements
of the intellectual property rights has appreciable increased
and assumes punishments of civil, criminal and
administrative character.
The sanctions for infringements in field of the copyright and
related rights are specified in Article 158 of Civil Code,
Article 165 of Criminal Code and in Articles 50 and 187 of
Administrative - Offences Code.
Events organized by Government of the Republic of Azerbaijan
in connection with World Book and Copyright Day –23 April an
World Intellectual Property Day – April 26
in June 2008
IP EVENTS IN APRIL 2008
20 April, 2008. Holding of a round table with Representative (OMBUDSMAN) for human
rights of the Republic of Azerbaijan on «Prospects of cooperation in the field of protection
of intellectual property rights»
23 April, 2008. Holding jointly with the Ministry of Culture and Tourism a round table on:
"Encouraging Creativity" in the International Information Center
24 April, 2008 Holding of final event with participation of the state bodies, the public
organizations, well known scientists, cultures and arts representatives.
Solemn presenting to authors and right holders of the certificate on registration of
their products.
Rewarding of persons who brought the creative contribution for development of the
copyright and related rights field with honorary certificates.
Presentation of the new IP sites.
10-26 April, 2008 Publication of articles of a senior officials and employees of Agency in
connection with celebrating of the "World Book and Copyright Day" - on 23 April and World
Intellectual Property Day – April 26
26 April 2008 Holding of final press conference for representativesof mass-media
Decrees of Azerbaijan Government
Decrees and Orders of the President of the Azerbaijan Republic
in field of the copyright and related rights
Since 1996 in the field of legislative base on protection of the copyright and related rights acts the Law "On
copyright and related rights" of Republic of Azerbaijan which on a recognition of the international experts,
corresponds to all criteria of democratic, civilized societies.
The law "On copyright and related rights", adjusting mutual relation between the authors (right owners),
products and users, provides realization of state policy in this area, including:
- maintenance of state management in this field;
- development of the international relations and wide participation of the Azerbaijan Republic in the
international cooperation in field of the copyright and related rights.
The order of the President of the Republic of Azerbaijan of mister H.Aliyev from 1996 regulates management
of field of the copyright, the realization of major measures on execution of the copyright-legal legislation is
supplied and are determined the powers of special state body - Copyright Agency of the Republic of
Azerbaijan.
By the Decree of the President of the Republic of Azerbaijan of mister H.Aliyev from December 26, 2002 "
About using of the Law of the Republic of Azerbaijan from November 22, 2002 "About modification and
additions in some acts of the Republic of Azerbaijan " since January 1 of 2003 the changes and additions to
the Law of the Republic of Azerbaijan "On copyright and related rights" have came into force.
In 2002 the Law of the Azerbaijan Republic "About the Legal Protection of Topographies of the Integral
Circuits" is accepted.
The Decree of the President of the Republic of Azerbaijan of mister H.Aliyev from November 16, 2002 " About
using of the Law of the Azerbaijan Republic "About the Legal Protection of Topographies of the Integral
Circuits ".
GOVERNEMENT / PRESIDENTS OF AR DECREES / PART 2
By the Decree of the President of the Republic of Azerbaijan of mister
I.Aliyev from November 7 of 2003 is accepted the Law of the Azerbaijan
Republic "About changes and additions to some acts of the Republic of
Azerbaijan"
In 2003 the Law "About the Legal Protection of Expressions of the
Azerbaijan Folklore" have came into force.
The Order of the President of the Azerbaijan Republic of mister H.Aliyev
from August 4, 2003 " About using of the Law of the Republic of Azerbaijan "
About the Legal Protection of Expressions of the Azerbaijan folklore".
The Decree of the President of the Republic of Azerbaijan of mister I. Aliyev
from January 29, 2004 " About maintenance of execution of the Law of the
Azerbaijan Republic " About the Legal Protection of Expressions of the
Azerbaijan Folklore ".
The Decree of the President of the Republic of Azerbaijan of mister I. Aliyev
from March 5, 2004 "About modification and additions in the Code of the
Azerbaijan Republic about administrative offences and in the Criminal Code
of the Azerbaijan Republic in connection with using of the Law of the
Azerbaijan Republic "About the Legal Protection of Expressions of the
Azerbaijan Folklore".
Stealing of Azerbaijan culture and morality samples by Armenians
By Kamran A. Behbudov
Folklore is the mirror of our morality, the indicator of our traditions, inseparable
part of our cultural wealth. From the other hand, our ancient folklore traditions
enter into the range of common to all mankind values and represent the
wealth of world culture. In accordance with the "Legal protection of Azerbaijan
folklore samples" Law folklore is considered as new, non-traditional type of
intellectual property of our people. That is, in respect of our folklore samples
we proceed also from the legal plane, exclusive rights position. The owner of
the mentioned exclusive right is Azerbaijan people. In the process of use the
origin of folklore sample, it's source must be pointed out by all means. Breach
of requirements, stimulated in the law has as a consequence legal
responsibility. Legal protection of folklore equally with protection of alive
traditions and cultural legacy means the protection of our future development,
the prosperity of our people. Stealing of non - material cultural heritage,
literature and art, and particularly folklore samples of our people by Armenians
has certain history. These false actions, "robbery and misappropriation of
other's traditions" turned into Armenian tradition. The seriousness of the
problem is represented in the document "Violation and destruction of
Azerbaijan cultural heritage" on the session of Parliamentary Assembly of the
Council of Europe resulting from effort of delegation of Milli Majlis, is reflected
in the Statement of Milli Majlis "In connection with destruction and
misappropriation of the Azerbaijan cultural wealth". Let us not one of the
"important" principle of the mentioned Armenian tradition. Settled people,
should misappropriate cultured heritage of the landowner in order to raise a
claim for the territory of his country. Shortly speaking "came, saw,
misappropriated".
Other important feature of the Law is the following: in the absence of such a
Law in Armenia, and the Law on protection of folklore as unique voluntary
registration system, stipulated for in Azerbaijan author - legal legislation allows
to raise the question concerning breach of norms specified in the mentioned
Law by the Armenians before international institutions. All aforesaid became
possible as a result of legislation and management system in intellectual
property area currently in force, created by our national leader Heydar Aliyev.
All these opportunities and established legal mechanisms created conditions
to unmask Armenians. It should be particularly noted, that as a result of raised
questions before WIPO and other international and regional organizations in
corresponding order concerning illegal activity of "ANI Records" studio, that
has "great" services of "Ministry of Press and Television programs" of Russian
related to stopping of activity of "ANI Records" have already been spread in
Mass - Media. Our protest letters concerning intellectual stealing of "ANI
Records", including our folk dances "Vagzali", "Tarakama", "Yalli", "Uzundara",
"Gazakhi", "Mirzayi", national dances "Khanbaji", "Dali Jeyran" and etc.,
author's works were delivered to WIPO and other international and respecting
institutions of Russia.
As the authorized body in this area, we have sent official information and
protests to these international inter - state bodies concerning intellectual
stealing of Armenians in the past.
The same problem occurred in connection with "Vokaliz" work, created on the
basis of Azerbaijan folk music. As it has been stated in the letter, addressed to
WIPO, as a result of illegal use of that song by Armenians requirements of the
Law " About the legal protection of expressions of Azerbaijan folklore"
(incorrect indication of origin) as well as respecting article of Bern Convention,
provided for protection of unknown author's work, as well as folklore works,
and also requirements of respecting articles stipulated for protection of
arrangement and private non-property right were breached.
The same problem occurred in connection with "Vokaliz" work,
created on the basis of Azerbaijan folk music. As it has been stated in
the letter, addressed to WIPO, as a result of illegal use of that song by
Armenians requirements of the Law " About the legal protection of
expressions of Azerbaijan folklore" (incorrect indication of origin) as
well as respecting article of Bern Convention, provided for protection
of unknown author's work, as well as folklore works, and also
requirements of respecting articles stipulated for protection of
arrangement and private non-property right were breached.
Concrete proposals of Azerbaijan concerning near adoption and
coming into force of International agreement "On protection of folklore
expressions from illegal use and other harmful actions" have already
delivered to this organization.
As is obvious, Azerbaijan joined Pact adopted by General Assembly of
UNO "On economic, social and cultural rights" and in near future
Azerbaijan's report in UNO is expected. I have to note, that in the part,
concerning protection of folklore comprehensive information about
robberies of Armenians prepared by the Agency are being delivered to
the UNO by the corresponding channels.
It is possible to continue what have already said. But the main thing is
the following: in the course of history our traditions like our mother
tongue turned into strong factor of development, one of the significant
elements of our national wealth, and at last in most valuable resource.
Baku, Azerbaijan by Dr. Kamran A. Behbudov
GOOD LUCK TO ALL
RTICIPANTS OF IPRTA
M
Mexico 2008 .