Republican Agency for the Protection of Copyright of Azerbaijan

The Copyright Agency of the Republic of Azerbaijan was established on the basis of the Azerbaijan branch of the All-Union Copyright Agency (WAAP) by the Decree of the Government of Azerbaijan No. 525 of December 30, 1989.
The first Regulation of the Agency, as the central executive body, was adopted by Decree of the Cabinet of Ministers of Azerbaijan dated September 10, 1993, No. 488.
Decree of the President of the Republic of Azerbaijan of August 30, 2005, No. 287, approved a new Regulation on the Copyright Agency of the Republic of Azerbaijan.
The main tasks of the Agency are as follows: monitoring the implementation of existing legislation, improving legislation in order to create a more favorable legal situation for the activities of creative individuals in the field of science, literature and art, copyright protection and state policy in the field of international cultural exchange, representation of Azerbaijan in international organizations and cooperation, the state registration of scientific, cultural pny and art works, etc.
Azerbaijan adopted the Law on Copyright and Related Rights in 1996, in 2002 the Law on the Legal Protection of Integrated Circuits Topologies, in 2003 the Law on the Legal Protection of Expressions of Azerbaijan Folklore, and the 2004 Law on the Legal Protection databases.
Azerbaijan has been a member of the World Intellectual Property Organization (WIPO) since 1995, since 1999 has been a member of the Bern Convention for the Protection of Literary and Artistic Works , a member of the Geneva Convention for the Protection of Producers of Phonograms Against the Illicit Reproduction of their Phonograms (2001) and the Rome Convention On the protection of the rights of performers, producers of phonograms and broadcasting organizations ”(2005). Since 2005, Azerbaijan has joined the “WIPO Performances and Phonograms Treaty ” and the “Copyright Treaty”.

In 2014, December 1-2, in the capital city of Baku , a conference was held on the topic “Copyright issues of accessibility of published works for persons with visual impairment”, which was organized by the Republican Agency for Copyright. The conference was supported by the World Intellectual Property Organization (WIPO) and the Ministry of Labor and Social Protection . The chairman of the Agency, Kamran Imanov, stated that during the period of the Agency’s activities, about forty regulatory and legislative acts were adopted in the country. Also, the Law on the Enforcement of Intellectual Property Rights and the Fight against Piracy was adopted. ^[five]

On September 6, 2017, the President of the Republic of Azerbaijan - Ilham Aliyev signed a decree on ensuring the functioning of the new department within the Republican Agency - the Center for Ensuring Intellectual Property Rights ^[6] . The approval of the Charter of the new department is imposed on the President of the Azerbaijan Republic.

In 2017, the head of the Agency noted that, compared with 2005, the level of piracy decreased from 61% to 29%. In the audio-video market, the level of piracy dropped by 25% (from 90% to 65%) and in the field of software by 21% (from 96% to 75%). ^{[7] [8]}

During the period from 1996 to the beginning of 2018, the Republican Copyright Agency recorded a total of 11,554 works and objects of related rights, as well as about 177 works written by 85 authors in electronic form. ^[9]

All objects of copyright are in the database of the Agency - the national registry, which was created in April 2017. ^{[10] [11]}

The activity of the Copyright Agency of the Republic of Azerbaijan (A.A.A. AR) is consistent with the Constitution , legal laws, decrees and orders of the President, resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan , obligations under international agreements in the field of copyright, related and other rights.

Agency tasks

1. laying the foundations of suitable conditions for stimulating the functioning of creative people who work in the field of science, literature and art;
2. protection of copyright, related and other rights;
3. ensuring state policy in terms of cultural exchange at the international level.

According to the powers that were granted on the basis of the Orders of the President of Azerbaijan, as well as the provisions of the articles of the Laws "On Copyright and Related Rights", "On the Legal Protection of Integrated Circuits Topologies", "On the Legal Protection of Expressions of Azerbaijan Folklore", "On the Legal Protection of Databases ".

Responsibilities and Functions of the Agency

• state policy and leadership in the field of copyright and related rights;
• preparation of proposals for the improvement of legislation in the field of copyright and related rights; ^[12]
• monitoring compliance with existing legislation in the field of copyright and related rights;
• representation of Azerbaijan in international organizations on copyright and related rights and the formation of cooperation in this area;
• conducting state registration of scientific works, as well as works of culture and art; ^[13]
• maintaining national registration of topologies of integrated circuits;
• registration of organizations that have passed state registration for managing collective property rights on a collective basis and monitoring their operation;
• implementation of state policy and leadership in the field of protection of topology of integrated circuits;
• preparation of proposals for the modernization of legislation in the field of protection of the rights of topologies of integrated circuits and their submission to the appropriate authority for consideration in due course;
• Representation of Azerbaijan in international organizations for the protection of the rights of integrated circuits of topologies and the organization of cooperation in this field; ^[14]
• nationwide registration of integrated circuits, contracts for the transfer or assignment of title to topology;
• implementation of national policy and management in the field of protection of the rights of folklore expressions; ^[15]
• preparation of proposals for the modernization of legislation in the field of protection of the rights of folklore expressions;
• Representation of the Republic of Azerbaijan in international organizations for the protection of the rights of folklore expressions and organization of cooperation in this field;
• representation and protection of state interests in cases of violation of the rules on the use of folklore expressions established by legislation, as well as the performance of other works stipulated by legislation;
• nationwide registration of databases that are protected by copyright and special protection, as well as the issuance of certificates of registration; ^[sixteen]
• nationwide registration of contracts for the transfer or assignment of ownership of databases;
• preparation of proposals for the modernization of legislation on the protection of database rights;
• representation of Azerbaijan in international organizations for the protection of database rights and organization of cooperation in this field.

Agency Powers

• preparation of proposals on draft laws and other acts in the field of intellectual property and submission in due form for consideration by the relevant authorities;
• act on behalf of the Cabinet of Ministers on his behalf with official statements related to the protection of copyright and related rights and other rights close to intellectual property;
• within its authority, giving binding orders, rules and explanations to the relevant organizations and departments;

• in order to obtain information necessary for the performance of duties falling within the scope of its activities, contact ministries, departments and organizations;
• as a control procedure to monitor the implementation of government regulations in the field of copyright and related rights, to prepare acts on the results of the inspection and submit them to the appropriate authorities;

• in order to protect copyright and related rights, to demand the suspension of actions that violate or create the danger of violation of copyright and related rights;
• require the provision for the inspection of the necessary documents from the objects - users to fulfill the goals and responsibilities set out in its Regulations;
• in accordance with the procedure established by legislation, if necessary, take copies of tangible media in order to examine their legal release into civilian circulation;
• when revealing infringements of copyright and related rights and other rights close to intellectual property, to demand, until elimination of violations by the user organization, to stop the distribution (sale, rental, etc.) of counterfeit (illegal) copies;

• to demand from heads of organizations using objects of copyright and related rights and other rights close to intellectual property, to provide official information on activities carried out in order to eliminate the revealed violations while monitoring their activities;
• draw up appropriate acts on violations of copyright and related rights and give instructions to the user, the execution of which is mandatory;
• in cases stipulated by the legislation and regulatory documents to raise claims in the courts in order to apply economic sanctions;
• carry out other activities stipulated in the legislation to eliminate deficiencies and offenses in the field of copyright and related rights and other rights close to intellectual property;

• to deal with resolving disagreements between organizations managing the ownership rights of authors and holders of related rights on a collective basis and the authors (their heirs);
• give licenses to organizations - users to use the works for the relevant purposes, on the basis of an agreement with users, determine the size and rules for issuing the fee, collect and deliver the destination fee specified in these permits, revoke the license if the requirements of current legislation are violated;
• engage in informational, advertising and print activities in Azerbaijan and foreign countries, establish mass media;

The Republican Copyright Agency in cases of filing a claim for the protection of intellectual property rights in accordance with applicable law is exempt from the payment of state fees.

The structure of the Republican Agency for Copyright of the Republic of Azerbaijan consists of authorities and 4 departments. The head of the Agency’s activities is the chairman, who is personally responsible for the performance of cases that are related to his goals and responsibilities. Financing of the Agency is carried out at the expense of the state budget.

Copyright in Azerbaijan

1. ↑ Copyright Agency of the Republic of Azerbaijan (Neopr.) . www.copag.gov.az. The appeal date is May 10, 2018.
2. ↑ Copyright Agency of the Republic of Azerbaijan (Russian) . www.azerbaijan.az. The appeal date is May 10, 2018.
3. ↑ WIPO and RAAP (Russian) . The appeal date is May 10, 2018.
4. ↑ Cabinet resigned (rus.) . Cabinet resigned. The appeal date is May 10, 2018.
5. ↑ Copyright issues regarding the availability of published works for visually impaired persons (Unidentified) .
6. ↑ Azerbaijan is forming a modern Copyright Agency (rus.) . ru.sputnik.az. The appeal date is May 10, 2018.
7. ↑ Level of piracy in Azerbaijan (Undec.) .
8. ↑ Lowered piracy rate (Undefeated) .
9. ↑ The Copyright Agency of Azerbaijan registered more than 11,500 works (PHOTOS) (rus.) , Trend.Az (April 20, 2018). The appeal date is May 10, 2018.
10. ↑ Azerbaijan creates a register of copyright objects (rus.) , Median.Az News Agency . The appeal date is May 10, 2018.
11. ↑ The register of copyright objects will be created in Azerbaijan (Russian) , Digital Report (April 10, 2017). The appeal date is May 10, 2018.
12. ↑ Azerbaijan: Law of the Republic of Azerbaijan “On Copyright and Related Rights” (as amended by Law No. 636-IVQD of April 30, 2013) (Rus.) . www.wipo.int. The appeal date is May 10, 2018.
13. ↑ Azerbaijan: Law of the Republic of Azerbaijan on Ensuring Intellectual Property Rights and Combating Piracy (Rus) . www.wipo.int. The appeal date is May 10, 2018.
14. ↑ Azerbaijan: Law of the Republic of Azerbaijan “On the legal protection of topographies of integrated circuits” (Rus.) . www.wipo.int. The appeal date is May 10, 2018.
15. ↑ Azerbaijan: Law of the Republic of Azerbaijan “On the legal protection of expressions of Azerbaijani folklore” (as amended by Law No. 638-IVQD of April 30, 2013) (Rus.) . www.wipo.int. The appeal date is May 10, 2018.
16. ↑ Azerbaijan: Law of the Republic of Azerbaijan “On the legal protection of databases” (as amended by Law No. 639-IVQD of April 30, 2013) (Rus.) . www.wipo.int. The appeal date is May 10, 2018.

copag.gov.az - the official website of the Republican Agency for the Protection of Copyright of Azerbaijan