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 Organisation (December 25, 1995),
- The WIPO Performances and Phonograms Treaty (April 11, 2006),
- The Convention for the Protection of Producers of Phonograms Against Unauthorised Duplication of Their Phonograms (September 1, 2001),
- The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (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 (05-02-2002), etc.
The Law on Copyright and Related Rights (1996) regulates the terms arising from the creation and use of scientific, literary and artistic works (copyright), as well as performances, phonograms, programmes broadcasted or cable broadcasting organisations (related rights) on the territory of the Republic of Azerbaijan. The main principles of this Copyright and Related Rights Act are those current in European countries. First, it follows the “continental” conception of copyright as a personal right, preferring this to the Anglo-Saxon vision, which stresses the commercial side of copyright. Secondly, the term “author” is interpreted broadly, as it is in other countries with high standards of copyright protection. Finally, authorship is not restricted to directors, scriptwriters and composers in the audio-visual field but 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). Inherited rights are also acknowledged for 50 years after an author’s death. Proportional payment is more profitable for authors and other rights-holders. However, the state fixes only the minimum payment rate, and payment methods are negotiated between rights-holders and the users of their works.
The Law on Enforcement of Intellectual Property Rights and the Fight Against Piracy (2012) regulates 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 On Measures to Improve Management in the Field of Consumer Market Control, Standardisation, Metrology and Protection of Intellectual Property Rights” (2018). The Intellectual Property Agency is the public legal entity that ensures:
- The development of the field of intellectual property rights,
- Copyright and related rights,
- Rights to data sets and integrated circuit topologies,
- Rights to inventions, utility models, industrial designs, trademarks and geographical indications,
- Rights to samples of Azerbaijani folklore (traditional cultural samples), traditional knowledge and other intangible cultural heritage.