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Enforcement of IPRs in Azerbaijan


Enforcement of IPRs
The causes of counterfeiting and piracy in Azerbaijan include easy availability and competitive pricing when compared to 'white-goods.'
Pharmaceutical medicines and pharmaceutical products most often face counterfeiting and piracy.
1. The Law No. 504-IQ 'On Trademarks and Geographical Indications, ' adopted on 12th June 1998
2. The Law No. 312-IQ ' On Patents, ' adopted on 25th July 1997
3. The Law No. 115-IQ ' On Copyright and Related Rights, ' adopted on 5th July 1996
4. The Law No. 337-IIQ ' On Legal Protection of Topographies of Integrated Circuits, ' adopted on 31st May 2002
5. The Law No. 365-IVQ 'On Protection of Intellectual Property Rights and Combating Piracy,' adopted on 22nd May 2012
6. The Law No. 460-IIQ 'On Legal Protection of Azerbaijani Folklore Expressions,' adopted on 16th May 2003
7. The Law No. 755-IIQ 'On Legal Protection of Compilations of Data,' adopted on 14th September 2004
8. The Law No. 197-IQ 'On Selection Achievements,' adopted on 15th November 1996
Other laws are specified below:
1. Criminal Code
2. Civil Procedure Code
3. Code on Administrative Offences
4. The Law 'On approval of the Decision of the Rules on Customs Control of Transfer of Goods Protected
5. by Intellectual Property Rights'
6. The Law 'On Anti-Monopoly Activity'
7. The Law 'On Unfair Competition'
Trademarks, Copyright, GIs, and Traditional Knowledge are the different types of IPRs protected by IPR enforcement measures.
Those seeking to enforce rights through first ensuring registration need to find an authorized attorney in Azerbaijan. A foreign natural person or legal entity can apply for registration of a trademark through a patent attorney. The list of patent attorneys can be found in the Register of Patent Attorneys, kept by the competent authority.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids -
D) Seizures - Yes
E) Destruction - Yes
Community service
A) Responsible Authority - Customs Committee and Courts of General Jurisdiction
B) Imprisonment Term - Copyright: 02-03 years, Patent: 02 years
C) Monetary Fine - Copyright: AZN 100-55000
Yes - Under the 1992 Azerbaijani Law on Foreign Investment, foreign investors have the right to international arbitration of their commercial and investment disputes, including IPR-issues with Azerbaijani state authorities or other entities, only if the parties have agreed to arbitration. In 2019, there came a new judicial reform by introducing Law on Mediation as well.
The rights holder must bear the costs of customs intervention during enforcement.
Court proceedings are the best practices for enforcement of IPRs since the other practices are comparatively new.