Azərbaycan Respublikası	Müəllif Hüquqları Agentliyi

Home / Statute

 THE STATUTE OF THE COPYRIGHT AGENCY

OF THE REPUBLIC OF AZERBAIJAN

 

                                                                                                                                                                                                       Unofficial translation

 

 

The Decree of the President of the Republic of Azerbaijan “On confirmation of the Statute of the Copyright Agency of the Republic of Azerbaijan”

 

With a view of improving normative-legal bases of the activity of Copyright Agency of the Republic of Azerbaijan

 

Resolve:

1.To approve “The Statute of the Copyright Agency of the Republic of Azerbaijan” (is attached).

2.To task the Cabinet of Ministers of the Republic of Azerbaijan to solve the issues arising from this Decree.

3.This Decree shall enter into force  from the date of its publication.

 

ILHAM ALIYEV

President of the Republic of Azerbaijan

Baku, August 30, 2005

№287

 

 

I. GENERAL PROVISIONS

 

1.The Copyright Agency of the Republic of Azerbaijan (hereinafter called as Agency) is the body of the central executive power that carries out the state policy in the sphere of copyrights, related rights, intellectual property rights on the expressions of Azerbaijan folklore,(traditional cultural expressions), intellectual property rights on topography of integrated circuits and data bases (hereinafter called as  intellectual property rights) and provide the normative-legal regulation and development of this sphere, coordinate the activity in this sphere and its legal statue equates to the statue of the central executive body.  

2.The Agency is guided in its activity the Constitution of the Republic of Azerbaijan, the laws of the Republic of Azerbaijan, the Decrees and Orders of the President of the Republic of Azerbaijan, the Decisions and Orders of the Cabinet of Ministers of the Republic of Azerbaijan and the present Statute.

3.The Agency organizes its activity in corresponding manner with other central and local executive bodies, local self-governmental bodies, as well as public unions and other legal entities.

4.The Agency possesses own balance, state property, corresponding treasury and bank accounts, stamp with description the state emblem and its name, corresponding stamps and blanks.

5.   The activity of the Agency is financed at the expense of the funds of the state budget of the Republic of Azerbaijan.     The cost of maintenance and activity of the Agency  is financed by the  state  budget  of the Republic  of Azerbaijan and other sources provided by the law).

6.The Agency is situated in Baku.

 

II. DUTIES  OF THE AGENCY

 

7. The main duties of the Agency are the followings:

7.1. to implement the state policy in the sphere of intellectual property rights, to prepare corresponding conception and targeted programs in this sphere and to provide their execution;

7.2. to implement the regulation taken into consideration in legislation on protection and providing the intellectual property rights, to assist the coordination of the works of state and self-governing organizations in the sphere of intellectual property and the activity of legal entities which are the subjects of this sphere;

7.3. to implement the control over execution of present legislation in the sphere of intellectual property rights;

7.4. to prepare the proposals on improvement  the legislation for the purpose of changing the intellectual property to capital, on creation the  more useful legal situations for activity of creative people and other right holders in the sphere of science, literature and art and on creation new forms of social and economic activity  by public use in accordance with demands of society and to take necessary measures;

7.5. to improve the normative documents in the sphere of intellectual property and to take relevant measures in this field within its authority according to the modern scientific-technical potential and international experience for the purpose of improvement the investment climate based on increasing role of intellectual property in modern economy and   directed to the development of the intellectual property industry;

7.6. to prepare the proposals on creation of mechanisms on protection of rights to the new objects of intellectual property arising from this direction and to take relevant measures for the purpose of regulation the development of digital information technologies and electronic trade;

7.7.  to provide the realization of intellectual property rights, to register state registered and collective management organizations, to control their activity as provided in legislation;

7.8. state registration of intellectual property objects, to create  national information system about right holders and users and to take  relevant measures for their constant improvement;

7.9. to assist for implementation the custom control on the bases of the appeal of custom bodies and as provided in legislation while going through the custom borders goods containing intellectual property objects;

7.9-1. to provide informing people about its activity, creating website, setting possessed and explained public information that its list determined by legislation in that site and constant updating of this information;

7.10. to provide the international exchange of intellectual property within its authority and cooperation in this sphere;

7.11. to implement other duties taken into consideration in the legislation of the Republic of Azerbaijan;

 

III. FUNCTIONS OF THE AGENCY

 

8. The Agency implements the following functions according to the duties determined in this Statue

8.1. prepares development conception on the bases of systemized forecast in the sphere of intellectual property and provides its implementation;

8.2. prepares the state programs in different directions of  the sphere of intellectual property and takes relevant measures on their implementation within its authority;

 8.3. prepares proposals and review on improvement of the legislation acts taking into consideration the international and regional conventions, agreements and treaties that Azerbaijan Republic has joined in the sphere of intellectual property;

8.4. participates in preparation of the normative-legal acts that regulate the intellectual property rights;

8.5. prepares, confirms and implements the legal acts, area standards, methodic and practical recommendations on their authority connected with protection, implementation and providing of intellectual property rights;

8.6. analyses the cultural, social and economic role of intellectual property rights,  prepares proposals and documents on its development and presents to the corresponding bodies;

8.7. implements the preparation and acceptance of requirements and normatives on protection of the rights to the traditional and non-traditional intellectual property objects,   (regulations on protection of the rights to traditional and nontraditional objects of intellectual property, their reduction conformity with international standards of   protection and drawing up of the qualifier of protected objects;

8.8. coordinates the activity of other central and local executive powers, local self-governing bodies, public unions in the sphere of intellectual property rights, including collective management organizations and other legal entities within its authority;

8.9. organizes implementation of intellectual property rights and takes measures within its authority for serving the right holders qualitative and effectively;

8.10. controls following the legislation in the sphere of protection of intellectual property rights and implementation the property rights on collective bases within its authority, creates mutual relations with the subjects of this sphere and takes measures;

8.11. gives proposals on joining to the international contracts in the sphere of intellectual property rights of Azerbaijan Republic determined by legislation, collects the materials connected with a participation of the Republic of Azerbaijan in this sphere, generalized, analyzes them and makes corresponding proposals;

8.12. does the works on preparation of bilateral and multilateral international contracts in the sphere of intellectual property determined by legislation, takes part in implementation of the signed contracts within its authority;

8.13. represents the Republic of Azerbaijan in international organizations in the sphere of intellectual property as provided in the legislation and implements the cooperation;

8.14. takes measures on taking into consideration the decision and recommendations on intellectual property of WIPO and UNESCO in corresponding sphere of activity as provided in the legislation, answers questionnaires on intellectual property of international organizations, exchanges the experience with them, implements systemized analyze taking into consideration the international experience and implements measures within its authority;

8.15. makes proposals on carrying out the measures connected with protection of the rights of Azerbaijani authors' and other right holders' works and other intellectual property objects during their use in abroad and fulfill the requirements of legislation while using the works of foreign authors in the Republic of Azerbaijan;

8.16.  according to the legislation, participates in forming of tariff policy on issues connected with the activity of the Agency, makes proposals on remuneration tariffs on use of intellectual property objects in this sphere regulated by the state and does necessary works for their application within their authority;                                                                      

8.17. takes measures for the purpose of preparation of professional recommendations and reviews on intellectual property for state and local self-governing bodies, legal and physical entities, within its authority;

8.18. does the works and serves on intellectual property sphere on the bases of treaties signed with legal and physical entities according to the legislation;

8.19. looks through the petitions on recognition of intellectual property rights and makes appropriate decisions according to the legislation;

8.20. organizes an expertise connected with registration of intellectual property objects in necessary cases, takes relevant measures on determining the originality of copyright objects;

8.21. organizes state registration of intellectual property rights objects as provided in the legislation, makes appropriate decisions on registration of intellectual property rights objects and on cancelling their registration, includes the information about intellectual property rights objects and right holders according to the available rules;

8.22. gives relevant certificate on state registration to the right holders of registered intellectual property rights objects, provides registration, inventory and saving of these objects;

8.23. creates national information system in the sphere of intellectual property rights, provides its efficiency and its international exchange, constantly improves electronic information base about registered of intellectual property rights objects and their right holders and provides updating of electronic copies of the State registers;

8.24. registers documents on transition and transfer of the rights to the intellectual property rights objects and implements including the appropriate changing to the state registration as determined;

8.25. publishes the information on registration of intellectual property rights objects included in State registers;

8.26. gives necessary information about state registered intellectual property rights objects,  changing in state registrations and intellectual property objects that protection term has expired, also about registration of these objects in the agency on the bases of questionnaire of relevant bodies;

8.27. determines the beginning term of the protection of topography of integrated circuits presented for the registration according to the legislation and registers topographies of integrated circuits used in production and their users;

8.28. organizes and registers monitoring of folklore samples' (traditional cultural expressions) use in sale, transmission in broadcasting organizations, places of public performance, cabelcasting and broadcasting organizations, publication, public performance and other use and implements registration, determines contrary cases of requirements of the legislation during use of folklore samples (traditional cultural expressions), takes relevant measures and in this regard defends state's interests in courts;

8.28-1. lets the physical and legal entities use of Azerbaijani folklore samples for commercial purposes in abroad;

8.29. determines the protection by copyright or special protection of data collections presented to the registration according to the legislation, specifies protection term of these collections in case of disclosure of formally registered protected by special protection right undisclosed data collection, also doing necessary changing and additions to data collection protected by special protection right;

8.30. arises the question to the international organizations within its authority for prevention the infringements of rights during use of Azerbaijani folklore samples (traditional cultural expressions) and author's works in abroad and takes other necessary measures;

8.31. defends state's interests in courts in case of illegal use of Azerbaijani folklore samples (traditional cultural expressions), determines material damage in the result of infringement, and shows it in claim document;

8.32. determines and registers the copyright  and related rights objects that protection term has expired and has transferred to public property, gives proposals on choosing the works among the works that has transferred to public property for the purpose to transfer the same works to the state domain by agreeing with connected state bodies and creativity unions and for declaring as state domain in relevant way;

8.33. takes relevant measures in case of infringement of copyrights during use of the works transferred to the state domain and against their distortion, provides collecting a special payments for use of the works declared the state domain and transferring to the state budget;

8.34. determines the structure and the presentation form of the documents connected with the registration of state registered collective management organizations at the Agency, prepares the list of documents for implementation of the state control over their activity, registers registered such organizations at the Agency, otherwise presents based comments and proposals connected with their registration;

8.35. conducts a control for the purpose of the conformity of the activity of collective management organizations as a subject of copyright relations with the legislation on copyright and related rights, summarizes the results and gives relevant proposals on the activity of the same organizations;

8.36. regulates relations of the collective management organizations with the authors and other right holders in debatable cases, looks through the applications and complaints of authors and other right holders which represent public unions of these organizations, determines the activities of collective management organizations within its authority in debatable cases with the users;

8.37. determines the amount of an annual payment of the collective management organizations as provided in legislation, provides the transfer of this amount to the state budget, accepts the documents on annual report, balance and the documents on auditor check of its activity and other necessary documents of these organizations, and takes corresponding measures in cases of revealing of discrepancy with copyright legislation and infringements of the law;

8.38. according to the interests and with will of right holders organizes management of their property rights on a collective basis, and implements the property rights of authors and right holders on a collective basis in cases as provided in legislation, collects the relevant remuneration for use and leads up it to the right holders, provides forming communications between collecting management organizations and foreign authors and related rights holders, provides signing of cooperation agreements in this sphere, accepting and lead of the remuneration for use of the works Azerbaijani authors and other right holders in abroad;

8.39. carries out educational-legal work in the sphere of copyright and related rights legislation, holds the international and national seminars, disputes and symposiums, gives juridical consultations to the authors and to other right holders, and also to their heirs concerning restoration of the infringements of rights;

8.40. takes necessary measures on providing the diligent competition principles in the markets and on illegal use of intellectual property objects for the purpose of protection of interests of the persons engaged enterprise activity in  the sphere of industry based on intellectual property within the limits of the powers undertakes necessary actions against illegal use of intellectual property objects, within its authority;

8.40-1. organizes and implements the works on giving the international standard identification numbers according to the Law on "Enforcement of IP Rights and Fight against Piracy" of the Republic of Azerbaijan;

8.40-2. provides preparing the control marks for sticking to the copies of copyright and related rights objects (audiovisual work, phonogram, computer program, database, book) according to the Law on "Enforcement of IP Rights and Fight against Piracy"  of the Republic of Azerbaijan;

8.40-3. controls spreading the copies of copyright and related rights objects (audiovisual work, phonogram, computer program, database, book) by pasting the control marks according to the Law on "Enforcement of IP Rights and Fight against Piracy"  of the Republic of Azerbaijan;

 8.40-4. according to the Law on "Enforcement of IP Rights and Fight against Piracy" of the Republic of Azerbaijan registers the objects of copyright and related rights (audiovisual work, phonogram, computer program, database, book) that taken into consideration the stamping control marks to the copies and determines legality of creation of the same copies;

 8.40-5. according to the Law on “Enforcement of IP Rights and Fight against Piracy" of the Republic of Azerbaijan in order to provide local measures against producing and spreading copies of the objects of copyright and related rights by piracy way, also spreading the copies which have not been stamped control marks, the Agency prepares and sends protocol to the court according to the Code of Administrative Offences;

8.41. for the purpose of determining the counterfeit goods and production by infringing the copyright and related rights legislation,  holds corresponding work with the other state bodies, including implements monitoring-supervisions, collects the information on infringements of the legislation in the sphere of intellectual property and leads them up to corresponding competent bodies;

8.42. under the initiative of right holders and in other demanded cases for restoration of the infringing rights, presents claims and defends interests of right holders in corresponding courts, on the basis of questionnaire of legal and other corresponding bodies as provided in legislation prepares expert views for fight against infringements of copyrights, participates as an expert and representative in courts and events held by other authorized bodies, registers and analysis of works connected with infringements of the legislation in the copyright sphere, systematizes collected information;

8.43. analyses the national and international information technologies protected by intellectual property rights, conducts supervision of protection condition of information technologies as intellectual property objects and investigates the condition of their protection at national level, takes measures for compliance of their protection with the international standards within their authority and makes proposals on protection of new objects of information technologies;

8.43-1. according to the Law on "Enforcement of IP Rights and Fight against Piracy" of the Republic of Azerbaijan controls use of  property rights of the authors, performers and phonogram producers on digital networks, organizes the administration of these rights on collective management according to the right holders' interests, takes measures for the purpose of making responsibility in case of changing and cancelling the information about management of rights without permission of the right holder, infringement, illegal destroying of the technical support measures providing limitations put to the use of the rights, also stopping use of informational reserves belonging to them;

8.44. conducts monitoring on use of  intellectual property objects protected by the law in global digital networks, prepares information on these questions and presents them to the relevant authorized bodies;

8.45. makes proposals for the purpose of improving the protection of intellectual property rights objects in e-commerce legislation and takes measures within its authority;

8.46.  observes the economic indicators of branches of the national economy based on intellectual property, determines the problems, appeared in process of their development,  takes necessary  measures and prepares corresponding proposals for the purpose of more exact valuing of the share of industry based on intellectual property in GDP, within its authority;

8.47.  methodically assists  to physical and legal entities in the valuation of intellectual property assets;

8.48. leads works on economic valuation of damage, connected with infringement of intellectual property rights and in necessary cases, prepares the corresponding views on the basis of inquiries of state and court bodies;

8.49. cancels their registration at the Agency in cases of non-compliance with the legislation on copyright and related rights of collective management organizations;

8.50. requests stopping those actions and canceling the decisions in cases discovering giving for use of authors' works that not given the property rights to the collective management organizations and adopted decisions on fee allocation for the authors which is contrary to the authors' interests;

8.51. cooperates with custom bodies in determining the infringements of intellectual property rights of goods containing intellectual property objects and moved through customs border, summarizes the similar facts in cooperation with them as determined, conducts their classification, on the basis of questionnaires of custom bodies gives the views on infringements of intellectual property rights;

8.52. for determining the custom borders infringements of the rights on intellectual property objects, on the basis of inquiry of customs body it participates in implementation of identification of the goods containing intellectual property objects with them, in necessary cases makes proposals for inclusion the goods containing intellectual property objects to register by customs body;

8.53. organizes getting, working and transferring the information within the existing internal information-communication systems at the Agency. It enlarges the relations by focal point of  corporative digital network of the World Intellectual Property Organization in Azerbaijan, organizes an information exchange in this sphere and prepares the information on news by use of a network digital libraries;

8.54. organize the office-work, reception of citizens and consideration of their offers, applications and references according to requirements of normative acts and also takes measures on improvement of professional skills and additional training of the staff;

8.55. makes proposals on preparation of the qualified experts concerning intellectual property and training programs and participates in their implementation;

8.56. implements other functions as provided in legislation.

 

IV. THE RIGHTS OF THE AGENCY

 

10.  The Agency  has the following rights on carrying out its tasks and functions:

10.1. to make the proposals on preparation and perfection of normative-legal acts in the sphere of intellectual property rights to the Cabinet of Ministers of the Republic of Azerbaijan, also to present analytical materials and proposals, connected with situation and development of this sphere;

10.2. to accept corresponding normative-legal acts in the sphere of copyright;

10.3. to receive determined corresponding information and documents from the state bodies and the nongovernmental organizations on the basis of questionnaire and to take measures as provided in legislation for the purpose of determining the compliance of goods, works and services with an existing demands;

10.4. to involve foreign, local experts and advisers for preparation and implementation of the issues on its authority as provided in legislation and to sign the contracts with them;

10.5. to cooperate with the state bodies, legal entities and the international organizations in the spheres of its authority, to present the Republic of Azerbaijan in international organization as provided, to prepare the projects of the international treaties (agreements), to contract international treaties (agreements) as provided in legislation;

10.6. to take measures for preparation of experts in the sphere of protection of intellectual property rights and for their additional education and to carry out the international cooperation in this sphere;

10.7. to create the subordinated institutions and organizations as determined in legislation, to reorganize and liquidate them;

10.8. to establish periodical media bodies as provided in legislation, to publish  special bulletins and other publications;

10.9. to present the workers in the sphere of intellectual property to governmental rewards and other awards, to take measures for their encouragement according to the legislation of the Republic of Azerbaijan);

10.10. to implements other rights as determined in legislation.

 

V. THE ORGANIZATION OF ACTIVITY OF THE AGENCY

 

11. The Chairman, appointed to the post and released from the post by the President of the Republic of Azerbaijan, leads the activity of the Agency.

12. The Chairman of the Agency is responsible for implementation of the duties and functions charged to the Agency.

12-1. the structure of the Agency is determined by the President of the republic of Azerbaijan. The Cabinet of Ministers approves the list of the bodies (legal entities, organizations and etc.) that not included to the structure of the Agency. 

13. The Chairman of the Agency has the Deputy Chairman appointed to the post and released from the post by the President of the Republic of Azerbaijan.

14.  The Chairman of the Agency:

14.1. organizes and supervises  activity of the Agency;

14.2. determines the authority of the Deputy Chairman;

14.3. approves the structure, staff and the expenditure of budget allocation of the Agency and subordinated bodies within the determined structure, a wage fund and schedule of the staff;

14.4. approves Statute of structural divisions of the Agency and being in its submission structures;

14.5. appoints to the post and releases from the post of the workers of the Agency and subordinated bodies, takes measures on encouragement and administrative penalty about them as provided in legislation;

14.6. gives instructions, orders on  activity of the staff of the Agency and subordinated bodies within its authority, approves (signs) instructions, normative-legal acts, organizes their execution and carries out the control over their execution;

14.7. negotiates with the state bodies and legal entities of foreign countries, the international organizations concerning the issues concluded in activity of the Agency within its authority, contracts the international agreements, participates in the international events in the sphere of intellectual property;

14.8. presents prepared projects of legislation acts on issues concluded in authority of the Agency to the Cabinet of Ministers of the Republic of Azerbaijan for consideration;

14.9. implements other authorities according to the legislation of the Republic of Azerbaijan.

15. Collegiums consisting of the Chairman (Chairman of collegiums), the Deputy Chairman, Chief of Staff of the Agency, leaders of the structural divisions and subordinated bodies in the Agency. The authors, experts and scientists can also be included in the collegiums of the Agency.

16. Number of members and membership of the collegiums of the Agency are affirmed by the Cabinet of the Ministers of the Republic of Azerbaijan.

17. The collegiums discusses the questions connected with the activity of the Agency and makes corresponding decisions on these questions at its sessions.

18. Session of the collegiums of the Agency is competent, if more than half of its members participate.

19. Decisions of the collegiums of the Agency are accepted simple majority of votes of its members, are officially registered by protocols and as a rule, implements by the decisions and orders of the Chairman.

20. Representatives of other executive bodies, administrations, enterprises, organizations and also public organizations can be invited for participation if necessary, in cases belongs to the issues discussed at the meetings of collegiums of the Agency.

21. Scientific-Methodical Council learning application of scientific-technical achievements, new technologies in the sphere of intellectual property and the leading world experience on providing the intellectual property rights in cultural industry, also public operating for determining the originality the intellectual property objects presented for state registration  and consisting of scientists and specialists being expert commissions is created.

 

(approved by Decree of President of the Azerbaijan Republic  dated to 2005, August 30, number 287)

 

 

LIST OF ADDITIONS AND AMENDMENTS TO THE DECREE

 

1.  Decree of President of the Azerbaijan Republic  dated to 2008, November 11, number 14 (newspaper "Azerbaijan", 2008, November 21, №261, Legislation Collection of Azerbaijan Republic, 2008, №11, matter 970)

2. Decree of President of the Azerbaijan Republic  dated to 2009, August 31, number 154 (newspaper "Azerbaijan", 2009, September 3, №195, Legislation Collection of Azerbaijan Republic, 2009, №08, matter 630)

3. Decree of President of the Azerbaijan Republic  dated to 2009, October 30, number 176 (newspaper "Azerbaijan", 2009, November 1, №244, Legislation Collection of Azerbaijan Republic, 2009, №10, matter 789)

4. Decree of President of the Azerbaijan Republic  dated to 2009, December 21, number 195 (newspaper "Azerbaijan", 2009, December 27, №289)

5. Decree of President of the Azerbaijan Republic  dated to 2011, February 15, number 381 (newspaper "Republic", 2011, February 18, №38,  newspaper "Azerbaijan", 2011, February 20, №40, Legislation Collection of Azerbaijan Republic, 2011, №02, matter 85)

6. Decree of President of the Azerbaijan Republic  dated to 2011, June 7, number 441 (newspaper "Republic", 2011, June 9, №117,  newspaper "Azerbaijan", 2011, June 12, №126, Legislation Collection of Azerbaijan Republic, 2011, №06, matter 496)

7. Decree of President of the Azerbaijan Republic  dated to 2012, February 7, number 578 (newspaper "Republic", 2012, February 9, №31)

8. Decree of President of the Azerbaijan Republic  dated to 2013, March 15, number 847 (newspaper "Azerbaijan", 2013, March 17, №60)

9. Decree of President of the Azerbaijan Republic  dated to 2013, October 28, number 12