LEGISLATION & AUTHORITIES

Entrusted governmental organization which deals with registration of IP objects in Azerbaijan is Patent Office of the State Agency on Standardization, Metrology and Patents. Another governmental organization, Copyright Agency is responsible to registration of copyright in Azerbaijan. And also there is third governmental organization, Ministry of Agriculture, which is in charge to register new varieties of plants. There are 5 main laws, which regulate relations in the intellectual property field: "Law on Copyright and neighbouring rights" (adopted in 1995), "Law on New varieties of plants" (adopted in 1996), "Law on Patent" (adopted in 1997), "Law on Trademarks and Geographical Indications" (adopted in 1998), "Law on legal protection of topologies of integral schemes" (adopted in 2002). There are also another legislative documents which regulate IP matters: "Law on Unfair competition" (adopted in 1995) and "Law on Antimonopoly activity". "Law on unfair competition" regulates relations concerning unfair competition and infringements. Civil law and Criminal law also contain articles providing punishment for breaches. "Law on official fees" (adopted in 2001, changed in 2007) defines official fees for registration of IP objects in Azerbaijan. Any disputes, questions, oppositions and objections are regulated by Appellation Commission of the Patent office with consequent appeal to the Economic, Appellation and Supreme judicial courts. The interests of the foreign juridical persons are submitting by registered patent attorneys of Azerbaijan Republic. Power of attorney does not require legalization or notarization.  Azerbaijan is member of WIPO, EAPO, Paris Convention, PCT, Madrid, Locarno, Nice, Budapest and Strasburg Agreements. There are also bilateral agreements on industrial property protection, between Russia, Georgia, Kyrgyzstan, Uzbekistan, Kazakhstan and Ukraine.



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