Copyright law of Azerbaijan

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Copyright law in Azerbaijan governs copyright in Azerbaijan. The status of copyright law and its protection is regulated by the Law of the Republic of Azerbaijan signed in 1996. The Law on Copyright and Related Rights [1] regulates the relations that arise while creating or using scientific and literary works, as well as works of art. According to this law, adjacent rights to performances, phonograms, and the transfer of broadcasting and cable broadcasting organizations are also streamlined. The Law was amended in 2001, 2002, 2004, 2005, 2008, 2010, 2013, 2017, 2018 and 2021. [1] :37

Contents

Azerbaijan is one of the 190 members of the World Intellectual Property Organization (WIPO).

The legislative framework

The legal framework of the Law on Copyright and Related Rights includes the Law itself, the Civil Code [2] and legislative acts of the Republic of Azerbaijan.

Legislative acts related to copyright and related rights:

The main bodies providing protection of copyright law and related rights are the Intellectual Property Rights Protection Center (the Law on the Protection of Intellectual Property in Azerbaijan was signed in 1996) and the Republican Agency for the Protection of Copyright and Related Rights. [10] [11] There is also a national registry on copyright laws’ protection on the Internet. In case of copyright infringement, the interference of the Ministry of Internal Affairs is mandatory.

Originally a work was protected for 50 years pma, or from the date of disclosure for anonymous or pseudonymous works. [12] Performer's property rights are protected for 50 years from the date of the performance. Reverse engineering is permissible by persons lawfully in possession of software.[ citation needed ] The current general term is 70 pma. [1] :Art. 25 It appears that the term changed with the 2010 law.

Azerbaijan introduces a system of copyright laws’ protection on the Internet. Protection of copyright and related rights will be exercised through digital monitoring and licensing soon. [13] The number of objects that have experienced copyright protection is intensively growing. [14] [15]

There are only two types of information: public and private (confidential).

1. a public type of information: "daily news", "information articles about various events and facts", etc.

2. a private type of information: "commercial secret", "state secret", "personal or family secret." Protection of information of this kind is provided by legislation.

See also

Related Research Articles

<span class="mw-page-title-main">Copyright</span> Legal concept regulating rights of a creative work

A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.

<span class="mw-page-title-main">Intellectual property</span> Ownership of creative expressions and processes

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.

<span class="mw-page-title-main">WIPO Copyright Treaty</span> 1996 treaty on copyright law

The World Intellectual Property Organization Copyright Treaty is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2023, the treaty has 115 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".

<span class="mw-page-title-main">World Intellectual Property Organization</span> Specialised agency of the United Nations

The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.

The Protection of Broadcasts and Broadcasting Organizations Treaty also known as the Broadcast Treaty was a treaty proposed by the World Intellectual Property Organization to afford broadcasters some control and copyright-like control over the content of their broadcasts. Under this treaty, media broadcasters would have the right to protect their broadcasts from reproduction, retransmission, and public communication, with copyright protection over fifty years. A first treaty proposal was established in 2006, and a revised draft was issued the same year to include protection rights for webcasting, netcasting and simulcasting. However, the proposal faced mixed reception from various companies. The United States tried to re-open discussions about the treaty in 2008, without success, meaning that international rules to protect television broadcasts are still addressed by the 1961 Rome treaty.

<span class="mw-page-title-main">Copyright Agency (Azerbaijan)</span>

The Copyright Agency of Azerbaijan Republic is a governmental agency within the Cabinet of Azerbaijan in charge of regulation of activities related to protection of copyrights and intellectual property in Azerbaijan Republic. The committee is headed by Kamran Imanov.

<span class="mw-page-title-main">Outline of intellectual property</span> Overview of and topical guide to intellectual property

The following outline is provided as an overview of and topical guide to intellectual property:

<span class="mw-page-title-main">Copyright law of Turkey</span>

Turkish copyright law is documented in the law number 5846 on Intellectual and Artistic Works.

<span class="mw-page-title-main">Berne Convention</span> 1886 international assembly and treaty

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as authors' rights.

<span class="mw-page-title-main">TRIPS Agreement</span> International treaty on intellectual property protections

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.

Egyptian copyright law has evolved over time. The currently applicable legislation in Egypt with regard to copyright is Book Three of the Law on the Protection of Intellectual Property Rights 82 of 2002, which entered into force on 3 June 2002, the day following its publication in the Official Gazette. The implementing decree is Prime Ministerial Decree 497 of 2005.

<span class="mw-page-title-main">Intellectual property in Iran</span>

Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.

Copyright law of North Korea is regulated by the Copyright Act of 2001. It introduced a 50 years p.m.a. protection, and has been amended several times. North Korea had no copyright law before that date. North Korea has been party to the Berne Convention since 2003. Relevant organizations include the Copyright Office of the Democratic People's Republic of Korea; Intellectual Property Administration of the Democratic People's Republic of Korea; Invention Office of the Democratic People's Republic of Korea; and the Trademark, Industrial Design and Geographical Indication Office (TIDGIO) of the DPR Korea.

Copyright law in Syria is regulated by the Copyright and Neighbouring Rights Law issued by Legislative Decree No. 62 of 2013. The Syrian Ministry of Culture, through its Copyright Office, is generally in charge of proposing copyright legislation to Parliament.

The Constitution of Azerbaijan generally recognizes the right to intellectual property (IP), and ensures the protection of IP rights of all persons. In order to clarify the norm of Constitution, and establish the legal basis of the protection of intellectual property rights, the parliament of Azerbaijan approved some laws, and ratified international agreements.

<span class="mw-page-title-main">Copyright law of Moldova</span>

The copyright law of Moldova regulates the copyright laws of Moldova. The first official decree related to copyrights in the country was made on 25 November 1991, shortly after its independence on 27 August of the same year. On 25 May 1991, the State Agency on the Protection of Industrial Property (AGEPI) was created, making it the second copyright agency in the country together with the State Agency for Copyright (ADA). In 1993, Moldova signed an agreement on cooperation in the protection of copyright and the related rights between it and other countries, all members of the Commonwealth of Independent States (CIS), which only came into force in 1999. By that time, Moldova had already created its official copyright law: Law No. 293-XIII, from 1994 but applied since 1995.

<span class="mw-page-title-main">Intellectual Property Agency of Armenia</span>

The Intellectual Property Agency of Armenia (AIPA) is the patent office of Armenia. The agency works under the supervision of the Ministry of Economy of Armenia and is tasked with granting patent and IP address protections, trademarks, and copyrights for objects of industrial property, inventions and usage patterns, industrial design, and commercial and service marks, among others.

References

  1. 1 2 3 "The Law on Copyright and Related Rights of the Republic OF Azerbaijan" (PDF).
  2. "Civil Code of Azerbaijan" (PDF).
  3. "Law of the Azerbaijan Republic 'About business activity'". cis-legislation.com. Retrieved May 18, 2018.
  4. "Azerbaijan: Law of the Republic of Azerbaijan on Culture". wipo.int. Retrieved May 18, 2018.
  5. "Azerbaijan Film Commission". afc.az. Retrieved May 18, 2018.
  6. "Law on Broadcasting". azerbaijan.az. Archived from the original on February 22, 2019. Retrieved May 18, 2018.
  7. "Law on advertising" (PDF).
  8. "Azerbaijan: Law of the Republic of Azerbaijan on Electronic Commerce". wipo.int. Retrieved May 18, 2018.
  9. "Law on Electronic Signature" (PDF).
  10. "Copyright in Azerbaijan" (PDF).
  11. "Copyright agency of the Republic of Azerbaijan". azerbaijan.az. Retrieved May 18, 2018.
  12. "Copyright 2018 | Laws and Regulations | Azerbaijan | ICLG". Copyright 2018 | Laws and Regulations | Azerbaijan | ICLG. Retrieved May 18, 2018.
  13. "Azerbaijan to protect copyright on Internet". AzerNews.az. December 20, 2013. Retrieved May 18, 2018.
  14. "Azerbaijan Copyright Agency registers over 11,500 works (Photo)". Trend.Az. April 20, 2018. Retrieved May 18, 2018.
  15. "Copyright Lawyers and Organizations" . Retrieved May 18, 2018.