Transcript COPYRIGHT IN AZERBAIJAN (possibilities and perspectives) Sharing Knowledge and Work among Intellectual Property Authorities. What projects are under way and how we could collaborate? Second Global.

COPYRIGHT IN AZERBAIJAN
(possibilities and perspectives)
Sharing Knowledge and Work among
Intellectual Property Authorities.
What projects are under way and how
we could collaborate?
Second Global Symposium of
Intellectual Property Authorities
WIPO
Geneva, September 16 and 17, 2010
 K.IMANOV, 2010
Chairman of the State Copyright Agency
of the Republic of Azerbaijan
DISTRIBUTION OF AUTHORITIES AND
INFORMATION BETWEEN COMPETENT
BODIES OF INTELLECTUAL PROPERTY
IN AZERBAIJAN
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
I. National legislation base, classification and management of IP
Directly protection line of IP
Intellectual property
Law on
Copyright
and related
rights
Protection of
traditional IP
objects
Copyright
Agency
Industrial property
Law on
Patent
Law on Trademarks
and Geographical
Indications
Law on Selection
Achievements
Additional protection line of IP
Protection of nontraditional IP objects
Law on
Unfair
Competition
State Committee on
Standardization,
Metrology and
Patents
Law on Legal
Protection of Data
Bases
Copyright
Agency
State Committee on
Standardization,
Metrology and
Patents
Law on Legal
Protection of Folklore
Expressions (TCE)
Copyright
Agency
Law on Legal
Protection of
Topographies of
Integral Scheme
Copyright
Agency
Ministry of
Agriculture
Law on
Commercial
Secrets
Ministry of
Economical
Development
Ministry of
Economical
Development
Law Enforcement:

Civil, Criminal, Procedure Codes and Code of Administrative Offences.
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Customs Code.
The copyright :
International Treaties:
WIPO:
Bern Convention
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Law on Enterprises;
Geneva Phonograms Convention
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Law on Culture;
Roma Convention
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Law on Theatres;
WIPO Internet Treaties
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Law on Cinematography;
UNESCO: Convention for the Safeguarding of the
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Law on Tele-radio broadcasting;
Intangible Cultural Heritage
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Law on Advertising, etc.;
CIS:
6 Bilateral Treaties
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Law on Electronic Commerce;
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Law on Digital Signature and Electronic Document Circulation.
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
II. The State Copyright Agency of the Republic of Azerbaijan
Statute
1.
Agency is the body of the central executive power that carries
out the state policy in the field of traditional IP objects
(copyright, related rights) and non-traditional IP objects
(rights on TCE (folklore), topography of integral
schemes, data bases (information collections)); provides
the normative-legal regulation, development and
coordination of this activity field
[“The Statute of the Agency” and “Structure” were affirmed
by Decrees of the President of the Republic of Azerbaijan
dated to 30.08.2005 with amendments and additions,
11.11.2008, 31.08.2009, 30.10.2009 and 21.12.2009].
Relation to Government
2.
The State Agency is included into structure of the Cabinet of Ministers of the Republic of Azerbaijan.
The Chairman of Agency is the member of the Cabinet of Ministers.
3.
Leadership
The Chairman and the Deputy Chairman of Agency are appointed by the Order of the President of the
Republic of Azerbaijan, the Chie of Staff and heads of departments are affirmed by consent of the
Administration of the President. The board of Agency is affirmed by the Cabinet of Ministers of the
Republic of Azerbaijan.
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
4.
Participation in Governmental bodies

State Commission on Cultural Rights;
Governmental Commission on Integration with
EU;
Governmental Commission on WTO;
Governmental Commission on Export-Import
Control;
Governmental Commission on Enforcement of IP
Rights and Fight Against Piracy.
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5.
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Cooperation with other bodies
State Committee on Standardization, Metrology and Patent 1
EU
State Customs Committee 2
Ministry of Economic Development 3
TACIS,
UNESCO
TAEIX,
Ministry of Taxes 4
TWINNING
Ministry of Culture and Tourism 5
WIPO
1
2
Ministry of Education 6
3
5
Academy of Science 7
4
AGENCY
Ombudsman Administration 8
10
Judicial and law enforcement powers 9
6
7
9
8
Organizations of right holders, non-governmental
organizations, local self-government bodies 10
CIS
Council
on IP
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
6.
Functional structure
STAFF OF THE AGENCY
Department of Registration of Rights and Legal Supply
Law
Division
IP Rights
Registration Division
Legal Consultation and
«hot line»
“Enforcement”
Service
Department of International Relations and Information Supply
International Relation Division
Information Center
Department of Economy and Finance
IP Economy Division
Finance Service
Service of Control of Organizations of Right Holders
Department of General Questions
Service of civil servants
7.
Service of Management
Improvement of professional skill and retraining
On-line WIPO – 8 employees
On-line WТO – 14 employees
Courses and seminars (WIPO, USA, UK, South Korea) – 4 employees
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
The general purpose of the Agency
State policy implementation on using of IP potential, as tool of social-economic and cultural
development and formation of IP culture.
Problem 1 (governmental body) State policy implementation.
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Developing of national strategy of IP development;
Developing of State program on IP, system forecasts;
Control over the current legislation and coordination of IP sphere;
Drafts of laws and normative-legal acts on IP;
Tariff policy in IP sphere;
International cooperation in IP sphere;
Others;
TOTAL 16 functions.
FRAGMENT OF NATIONAL STRATEGY OF LONG-TERM DEVELOPMENT OF IP SPHERE
1.
Retrospective model
The factors which have caused
evolution of national and
international IP system
Model of target requirements
Expert revealing of the
purposes and indicators of
the future requirements
Hierarchical model
Definition of functional
subsystems and system elements,
decomposition of the purposes
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
Problem 2. Stimulation of RIA and creation of favorable environment for investments
into creativity and innovations, distribution and enrichment of creative and
innovative products and services.
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Accreditation of collective
management organizations, the
methodological assistance, segments
formation, control of the activities and
dispute resolutions.
“Azerbaijani Authors” Unity – musical works
“Guild of Film directors” – audiovisual works
“Author” – related rights
DIGITAL REGISTRATION, INCLUDING ONLINE
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710
Optional registration of IP objects,
granting of certificates of the established
form and the publication of the registered
rights.
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Creation and conducting a national
digital database and the depositor on
authors (right holders) and IP objects.
488
305
86
2000
2002
2005
2009
Volume of registration on years
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
DIGITAL REGISTRATION, INCLUDING ONLINE
0,13%
0,38%
0,76%
Musical
Literary
Others
Scientific and educational
35,05%
4%
Design and decorative
7,1%
Collections
Multimedia
Phonograms and programs
of broadcasting bodies
Data bases
9,25%
26,58%
Types of the registered objects in % (total number 7087)
DIGITAL DATA BASE
Web services
ISS “Author”
9 parameters
ISS “Object”
24 parameters
The module of artificial
intellect "Monitoring"
Programming environment: Delphi
Language: Pascal, Search language - SQL
Output: Search on any parameters, accounting and statistical data.
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
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Creation and conducting of multimedia digital library on TCE (folklore).
MULTIMEDIA DIGITAL LIBRARY “FOLKLORE”
Non-material expressions
Verbal
expressions
Folk, ashugs
poetry, dastans,
legends, bayati,
fairy tales, jokes,
proverbs, etc.
Musical
expressions
284
Musical
expressions
Мugams, folk
songs,
instrumental
music, ashugs
tunes, etc.
mugams 94
seygahs 12
tesnifs 25
shikeste 8
ashugs 59
folk 73
Media Player
(Sounding,
visualization)
Expressions
by action
Material expressions
Decorativeapplied art
Folk dances,
yalli, games,
holidays and
ceremony, etc.
Architectural
constructions
560
Folk
creativity
Graphics, series of pictures,
stamping works, fretworks,
ceramics, models, works on metal,
carpets, musical instruments,
architectural constructions, etc.
world value 4
republican value 26
local value 560
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
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Monitoring of the level of infringement of IP Rights and piracy, its estimation and
carried out measures.
 Monitoring of using TCE (folklore) according to the legislation.
COMPARATIVE INDICATORS OF LEVEL OF A PIRACY
96%
90%
88%
70%
61%
40%
2005
2010
Book editions
2005
2010
CD, DVD
2005
2010
Software
2010: 4 monitorings, withdrawn over 7000 piracy CDs, DVDs
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
ENFORCEMENT STATISTICS 2010
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Representation of interests of the state in
courts on infringement of use ТCE, expert
conclusions, the third party in questions of
infringements of IP Rights
250
229
200
150
100
50
26
14
0
Courts
Claim statements
Expert opinions
Consultation of right
holders
FORMING IP CULTURE 2009-2010
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Consultation of right holders and preparation
of their claims, the methodological assistance in
IP questions to law enforcement bodies,
publications in IP sphere, radio and TV debates,
symposiums, seminars, round tables, etc.
 Conducting statistics of court cases on IP,
etc.
TOTAL 30 functions
120
120
100
63
80
60
40
20
33
19
9
0
Symposiums, Events Mass media
seminars, with right
including 10 holders and
users
international
TV and
Printing
Radio editions and
presentations
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
Problem 3. Transformation of IP into the powerful development tool of the economy
based on knowledge.
 Valuing of contribution of the industry based on the copyright (creative industry)
in country GDP.
SHARE OF THE CREATIVE INDUSTRY IN GDP
3,4
Ratio
basic/common
3
0,6
0,53
0,3
2008
2009
1,8
1,6
basic
common
2008
GDP of Azerbaijan in 2009 34,6 billion manats (43,25 billion $)
basic
common
2009
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
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Researches on an index of innovation in model of Solow.
Revealing of a share of investments connected with IP.
Working out of methods of an valuing of IP actives on a microeconomic level, etc.
TOTAL 7 functions
INDEX OF INNOVATION (CREATIVITY) IN MODEL OF SOLOW
Y = A∙Kα ∙ Lβ
ΔY/ Y = ΔА/А + αΔK/K + βΔL/L (capital, labour, knowledge)
А – growth at the expense of innovations, K – capital, L – labour, α = β = 0,5.
20,6%
For 7 years of steady economic growth, progrowth of GDP at the expense of innovations
has grown on 13 %, GDP volume in 7 times
7,2%
2000-2004
2004-2008
I.Aliyev: “The purpose is to convert our “black gold” into “human gold”.
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
Share in GDP
Parity of investments
34,8
65,2
2005
oil sector
45,3
48,3
52,8
54,7
47,2
2006
2007
71
73,5
29
26,5
2008
2009
non-oil sector
51,7
2005
39,2
35,5
37,9
60,8
64,5
62,1
2006
2007
oil sector
2008
ECONOMY
54,6
2009
non-oil sector
Experton value of the governmental economic policy factors
Р3 Political stability and support of legality
Р2 Fiscal and monetary policy
Р4 Investment climate
Р1 Protection and enforcement of IP Rights
45,4
0,5727
0,55
0,4909
0,4818
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
Problem 4. Using of IP potential in forming of an information society.
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Normative regulation and actions for forming of the mechanism of
protection and implementation of the rights following from development
of IT and e.com.
 Monitorings of using of the digital rights on the domain «.az».
 Working out of digital rights management methods, DRM.
 and etc.
TOTAL 6 functions
The law “On Electronic Trade”:
The positive decision of a question on responsibility
of the founder of the Internet resource and the provider.
Using of Internet: 44,4%
Mobile phones: 61,9%
Internet Service Provider : > 30
The law “On Enforcement of IP Rights and Fight
Against Piracy”:
Authorizes to observe the using of the digital rights, to control the
activity of collective management organizations and to take
measures on infringements to the executive power body in
copyright sphere.
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
PROJECTS AND COLLABORATION
POSSIBILITIES?
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
PRIORITIES
1. Strengthening of rights enforcement and target to infringements.
2. The future of the digital copyright.
1. Strengthening of enforcement of the rights.
Law of the Republic of Azerbaijan
“On enforcement of intellectual property rights and fight against piracy”
The problems regulated by the law:
- Definition of judicial and administrative procedures and measures.
- Prevention of illegal manufacture and distribution of products, soundtracks and other objects of Intellectual property
rights.
Chapter I
Chapter II
Chapter III
Chapter IV
Substantive provisions:
Civil-law and administrative procedures
and protection remedies at infringement
of IP rights:
Administrative measures on fight
against piracy:
Final provisions:
- Proof
- Identification codes
- The information right
- Control marks
- Judicial interdictions
- Management of digital rights
- Damage compensation
- Control in practice
- The measures caused by the judgment
- Responsibility for illegal use of
copies of objects of IP rights and
control marks
- The basic concepts
- Law scope
- Measures of publicity and the
publication of judgments
- Provisional measures
- Border measures
- Administrative and criminal
procedures
- Implementation of
the Law to the objects
of IP rights at which
has not expired
protection term
- Coming into force of
the Law
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
NATIONAL ANTI-PIRACY PROGRAM 2010-2013 years
Remedies of judicial
system
Provisional
measures
Means and measures of law
enforcement bodies
Civil-law measures
Criminal-legal
measures
Preliminary
judicial
interdictions
Preliminary
judgments on
provisional
confiscation and
detention
Administrative-legal
measures
Penalties of
the authorized
body
Instructions of
the authorized
body
Boundary measures
Temporary
arrest of pirate
copies
Operative-search measures on
revealing of sources of pirate
products
Publication of
judgments
The information
right
Ex officio for the purpose of
excitation of criminal cases
Imprisonment
Compulsory
attraction to public
works
Technical control measures
Suspension of
edition
Realization of spot-checks
according to the available
information and references
Damage compensation
Penalty
Other measures
Penalties up to 55000
manat
Destruction or transfer to
an affected part of
counterfeit copies and tools
of illegal activity
Identification
codes, holograms
The analysis of results of
judiciary practice,
efficiency of spot-checks
of law enforcement
bodies and database
conducting on them
Measures of State Agency
Strengthening of cooperation between
State Agency and law-enforcement,
judicial bodies
Consultation connected with
the implementation of the
rights, the “Hot Line”
Joint actions with
public organizations of
right holders
The system analysis of
legislative acts and
requirements on
protection of the rights
following from the
international agreements
Formation of IP culture
(TV, media, seminars,
symposiums)
Working out of
methodical materials in
the field of protection of
the rights and fight
against piracy
The appeal to judicial and
law-enforcement bodies
(claims and expert
judgments)
Systematization of
copyright
infringements
The analysis and
estimation of level of
piracy
Monitoring of market,
broadcast and internet
Offers for modification to
the legislation and
normative acts on fight
against infringements
Participation in training
of high-educated
specialists
The organization of
trainings-modules on
fight against
infringements, training
Formation of the general
database on infringements
Creation of special body
from representatives of
interested parts and the
organization of its
functioning (Anti-piracy
Commission)
Creation of special divisions
cooperating with experts on
copyright questions in police
bodies
Participation of copyright
experts in police spot-checks
on revealing of infringements
Participation of copyright
experts in litigations on
protection of the rights as
experts and the third part
Specialization of
judicial bodies
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
2. The future of copyright in Azerbaijan.
 Circulation of content in virtual world (cyber environment).
New results of creative activity
Objects of
copyright
& related
rights
Digitalizing
New
content
Content
Animating of the
content
Fragm.tion of the
form on comm.on
Location on
digital network
Virtual world (cyber-space)
Available
content or its
fragments
Fragm.tion of the
forms in activity
Selected
content or
its frag.ts
Persons intellect
Perfection of
the content and
its fragments,
including
mixing up
(giving new
form to the
known content
or its
fragment)
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
Digital networks (on-line environment)
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Internet
IPTV
Networks of mobile content
Expansion of services in online mode:
increasing nonlinearity of content in broadcasting;
growth of file exchanging in P2P networks without mediation of the central server (time-shitting);
transition online of musical shops in ministudios routine;
growth of sales in a network of mobile content (rings-tones, realtones, a ring-bekton).
Reorganisation of collective management:
one-stop-shops about online licensing of demands;
digital control – blanket licenses, State control of rates (Copyright Royalty Board), creation of
special state bodies on digital rights (Great Britain – Digital Rights Agency, Switzerland – the
Center of licensing of products in a cyberspace).
ONLINE SERVICES IN DIGITAL NETWORKS
Activity direction
Distribution by
individual inquiry
"Downloading"
Scream of
audio and video
ONLINE
Broadcasting in
digital form
Network
broadcasting
IPTV
Digital publishing
activity
Electronic books
and libraries
Publishing system
for blogs
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
3. Creation of the Сentre of IP enforcement .
 Twinning project «Capacity development for
enhancing enforcement of copyright and
related rights in the Republic of Azerbaijan».
Business model of IP enforcement Center
Purpose of creation
Legal enlighten and training in IP enforcement sphere, and also maintenance of production based
on copyright and related rights by special antipiracy marks – hologrammes.
Basic functions
1.
2.
3.
4.
5.
Resources
The organizational form
Maintenance of functioning of the centre of training, exposition and library.
Conducting registration and delivery of digital codes to press products, soundtracks,
audiovisual products, databases, and software extended in retail trade.
Delivery of special marks – hologrammes of production based on copyright and related
rights.
Conducting the state registers of production admitted to distribution based on copyright
and related rights, licenses between collectives of right holders and the broadcasting
organizations and grant of certificates.
Examination on a subject of «clearing of the rights» of objects admitted to distribution in a
trading network, on broadcasting and on a cable.
State support and own incomes.
Juridical body.
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
• Efficiency of model “copyright in digital networks”.
- Alternative models (Ficher, Creative Commons, Dolgin,
“copyleft”).
- Substitution of copyright system?
- Digital content: the form or the content (cloning, duplicating,
decomposition).
- Registration of digital content?
- Prohibitive system of the exclusive right and content .
- "Internet right" or the right of free uses of works by obtain the
remuneration?
- Technology, fund raising sources on remuneration and its
distribution.
- Changes made to the Law «On enforcement of IP rights and
fight against piracy» (on Parliament discussion).
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
“Realization, including collective management of the rights in digital networks (the
digital rights) is realized according to the current legislation.
The corresponding executive power body acting in copyright sphere carries out control
over use of the digital rights, organizes collective management of them and takes
within the limits of the powers of measures at their infringement, including at
wrongful detour and breaking of means of protection, and also change or information
destruction on management of the rights without the permission of the right holder”.
THE THREE-LEVEL TEST
LEVEL III
LEVEL II
LEVEL I
Limitations are set by
copyright legislation
(Art.17-24, 33-35)
Does not cause an
unjustified damage to
ordinary use
(Art.15. p.5, Art.36. p.1)
Does not restrain legal
interests of right holders
unreasonably
(Art.15. p.5, Art.36. p.1)
Collective management of digital rights:
the compulsory license
Dr. K.Imanov
Copyright Agency of the Republic of Azerbaijan
- Business model of On-line monitoring and licensing of Enforcement Centre.
BUSINESS-MODEL OF SERVICE OF ON-LINE MONITORING
AND LICENSING OF ENFORCEMENT CENTRE
Purpose of creation
Collective management of rights in a digital network by «one-stop-shops»
principle with on-line licensing.
Basic functions
1.
2.
3.
4.
5.
Obligatory registration of a digital content by giving of a unique codeidentifier.
Formation and conducting of a special site about stored content on
conditions of its use and digital storage of objects.
Automatic identification of user’s request, giving licensing and providing of
electronic payments to individual and collective users.
Providing of tracing of the facts of using by means of the special automated
mechanism of indexing of Internet resources and content search (like search
systems: Google, Yahoo, Yandex, etc.) (cyber monitoring system).
Support of standards «Information on management of the rights» and
«Technical measures of protection» and the digital codes of stored objects.
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