Intellectual Property Law
- 2024-09-30
Mədinə Əliyeva
Copyright law in Azerbaijan regulates relations concerning authors' rights. It is governed by the Law No. 115-IQ dated June 5, 1996, “On Copyright and Related Rights.” This law covers the creation and use of works of science, literature, and art in Azerbaijan. It also addresses related rights, such as performances, phonograms, and broadcasts via radio or cable. Amendments were made in 2001, 2002, 2004, 2005, 2008, 2010, 2013, 2017, 2018, and 2021.
Azerbaijan is one of 193 member states of the World Intellectual Property Organization (WIPO), an intergovernmental body. The main regulatory authority for IP in the country is the Intellectual Property Agency of the Republic of Azerbaijan.
Intellectual Property Legislation
IP law protects the rights of creators and owners of inventions, texts, music, designs, and other works known as intellectual property. It includes several domains: copyright, trademarks, patents, and trade secrets.
Key laws regulating IP in Azerbaijan include:
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Law on Trademarks and Geographical Indications
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Law on Copyright and Related Rights
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Law on Patents
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Law on the Protection of IP and Combating Piracy
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Law on Legal Protection of Topographies of Integrated Circuits
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Law on Legal Protection of Databases
Copyright protects creators in visual arts, publishing, entertainment, and software. The law protects the creator if others copy, present, or distribute the work without permission.
Trademark
A trademark is a word, phrase, symbol, or design used to identify a company’s product or service. Registration of trademarks in Azerbaijan typically takes 6 to 9 months through the Patent and Trademark Examination Center of the Intellectual Property Agency.
Patent
A patent provides protection for new inventions — whether products, processes, or designs — and gives the inventor exclusive rights to use, sell, or license it. Patent law encourages innovation by granting protection. Patents can be licensed, sold, mortgaged, or transferred as property.
Trade Secrets
These are confidential business strategies, formulas, or processes that provide a competitive edge — e.g., the Coca-Cola formula. Trade secrets are protected without registration as long as confidentiality is maintained.
Advising, Protection, and Enforcement
The three core aspects of IP practice:
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Advising — helps clients determine how best to protect IP (trademark searches, patent validity, infringement risk);
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Protection — involves registering trademarks, copyrights, and patents with the Azerbaijan Intellectual Property Agency (AIPA);
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Enforcement — means defending IP against infringement, including through litigation.
Other aspects include licensing, mergers/acquisitions, due diligence, and developing protection strategies for both domestic and international IP. Key legal skills here include strong writing, negotiation, and commercial awareness. IP law often requires both local and global strategic insight.