Azerbaijan 4.1.6

The Republic of Azerbaijan is a state member of the following international copyright agreements:

• The Berne Convention for the Protection of Literary and Artistic Works (June 4, 1999), 
• The WIPO Copyright Treaty (April 11, 2006),
• The Convention Establishing the World Intellectual Property Organization (December 25, 1995), 
• The WIPO Performances and Phonograms Treaty (April 11, 2006), 
• The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (September 1, 2001), 
• The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (October 8, 2005),
• The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (December 24, 2018); 
• The Agreement on Cooperation in the Field of the Protection of Copyright and Neighbouring Rights (April 5, 1996); 
• The European Convention on Cinematographic Co-Production (February 5, 2002), etc.  

The Law on Copyright and Related Rights (No.115-IQ of June 5, 1996) regulates the terms arising from the creation and use of scientific, literary and artistic works (copyright), also performances, phonograms, programs of air broadcasting or cable broadcasting organisations (related rights) in the territory of the Republic of Azerbaijan. The basic principles of this Law on Copyright and Related Rights are similar to those in most European countries. First, it adheres to the “continental” conception of copyright as a personal right, preferring this approach over the Anglo-Saxon vision, which emphasises the commercial aspects of copyright. Secondly, the term “author” is interpreted broadly, as it is in other countries with high copyright protection standards. Finally, authorship is not restricted to directors, scriptwriters, and composers in the audio-visual field; it extends to camera operators and set designers. 

The Act also recognises related rights, performers’ rights, and the rights of phonogram producers and broadcasting bodies (TV and radio). Proportional payment is more beneficial for authors and other rights holders. However, the state fixes only the minimum payment rate, and payment methods are negotiated between rightsholders and the users of their works.  

The Law on Enforcement of the Intellectual Property Rights and Fight Against Piracy (No.365-IVQ of May 22, 2012) regulate the relations for ensuring the enforcement of rights of those who are holders of intellectual property rights, protection of their interests, and preventing infringements, including illegal production and distribution of the copies of intellectual property objects.

The Intellectual Property Agency of the Republic of Azerbaijan was established as a result of a merger of the Copyright Agency and Patents and Intellectual Property Agency according to the Order of the President of the Republic of Azerbaijan On Measures to Improve Management in the Field of Consumer Market Control, Standardization, Metrology and Protection of Intellectual Property Rights” (No.5 of April 20, 2018). The Intellectual Property Agency is the public legal entity providing development of the field of copyrights, related rights, rights to compilations of data and topographies of integrated circuits, rights to inventions, utility models, industrial designs, trademarks and geographical indications, rights to Azerbaijani folklore expressions (traditional cultural expressions), traditional knowledge and other expressions of intangible cultural heritage implementing single regulation and control and coordinating activity in this field.