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

A copyright is a type of intellectual property that gives its owner the exclusive 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.

Intellectual property Ownership of ideas 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 copyrights, patents, 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 the majority of the world's legal systems.

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 2021, the treaty has 110 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".

World Intellectual Property Organization 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 World Intellectual Property Organization's Protection of Broadcasts and Broadcasting Organizations Treaty or the Broadcast Treaty is a proposed treaty designed to afford broadcasters some control and copyright-like control over the content of their broadcasts.

Copyright Agency (Azerbaijan)

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.

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

Berne Convention 1886 international copyright treaty adopted by over 170 countries

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne Convention has 179 contracting parties, most of which are parties to the Paris Act of 1971.

TRIPS Agreement 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.

Copyright infringement Usage of a copyrighted work without the authors permission

Copyright infringement is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.

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 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.

Republic Act No. 8293, otherwise known as The Intellectual Property Code of the Philippines lays down the rules and regulations that grant, and enforce patents in the Philippines. Patents may be granted to technical solutions such as an inventions, machines, devices, processes, or an improvement of any of the foregoing. The technical solution must be novel, innovative, and industrially useful. In order for a technical solution to be granted a patent, the inventor must file an application to the Bureau of Patents, which will examine, and in some cases, grant its approval. The law is designed as to foster domestic creativity, to attract foreign investors, and to motivate inventors to release their products for public access.

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.

The Copyright law of El Salvador is legal rights to creative and artistic works under the laws of El Salvador. It was implemented in the Decree No. 604 of the Legislative Assembly of El Salvador on 16 of August 1993. This law aims to protect the economic and moral rights of Salvadoran authors and foreigners residing in El Salvador, granted by the mere fact of creating works that are literary, artistic and scientific.

Copyright law of Moldova

The copyright law of Moldova regulates the copyright laws of Moldova. The first official decree related to copyright 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 the time of this year, Moldova had already created its official copyright law: Law No. 293-XIII, from 1994 but applied since 1995.

Intellectual Property Agency of Armenia

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.