INTELLECTUAL PROPERTY RIGHTS IN AZERBAIJAN

The Law of Azerbaijan Republic "On Trademarks and Geographical Indications" is the primary law governing the mechanism of trademark registration and protection in Azerbaijan.
A trademark application has to be filed before the Center for Expertise of Patents and Trademarks of Azerbaijan Intellectual Property Agency by a local agent.
It follows a 'first-to-file' system.
Azerbaijan follows the 10th edition of Nice Classification. Multi-class trademark applications are acceptable.
If the applicant disagrees with the decision taken by examination concerning the application of the trademark or geographical indication, he or she may, within three (03) months following the date of receipt of the decision, appeal against such decision to the commission of Appeal of the respective body of executive power, provided that he or she pays the prescribed state fee.
A trademark in Azerbaijan is valid for ten (10) years from the filing date. A trademark may be renewed for successive periods of ten (10) years each within twelve (12) months before the expiration date.
It is possible to renew a trademark within a grace period of six (06) months after the expiration date on condition that a surcharge is paid.
The non-use grace period in Azerbaijan is five (05) continuous years from the date of registration. After its expiry, any interested party may initiate the cancellation action based on non-use to the Board of Appeal of Azerbaijan.

Azerbaijan is a member of the Paris Convention for the Protection of Industrial Property.
Law on Patent (Enacted on July 25, 1997 and came into force on August 2, 1997) deals with the mechanism of patent protection in Azerbaijan.
For seeking patent protection in Azerbaijan, an application has to be filed with the Patent Office, which administers the entire process of patent grant.
In Azerbaijan, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Azerbaijan, an opposition against a patent application can be raised at the pre-grant stage within six (06) months approximately.
The validity term of a patent in Azerbaijan is twenty (20) years from the filing date. For pharmaceutical patents and patents for agrochemicals, it is possible to apply for an extension of this term for additional five (05) years. For maintaining the validity of patent, his owner should pay the annual fee beginning from the 3rd year of validity after the date of application.

The Law of Azerbaijan Republic “On Patent” governs and deals with the mechanism of registration of industrial designs in Azerbaijan.
For getting an industrial design registered in Azerbaijan, an application has to be filed with the Patent Office, which administers the entire process of registration.
The types of industrial design applications that can be filed in Azerbaijan include Non-Convention Application and Convention Application.
Oppositions can be filed within a period of six (06) months from the date of publication.
The rights for utility model protection are valid for a period of ten (10) years.
The maximum validity term of an industrial design patent in Azerbaijan is fifteen (15) years from the filing date, i.e., basic term of ten (10) years, which may be renewed for five (05) additional years.
The time frame for payment of the renewal fee before the due date is twelve (12) months.
Late renewal is normally available within a grace period of six (06) months with a penalty.

Azerbaijan is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Law of Azerbaijan Republic "On Copyright and Neighbouring Right" 2000 - is the basic legislation governing copyright protection in Azerbaijan.
Copyright arises from creation of a creative work and shall have effect throughout the lifetime of the author and for fifty (50) years after his death, except as provided in Article 26 of the copyright law.
Copyright for posthumous work, published at first time during thirty (30) years, shall have effect for fifty (50) years following the first publication of the work.
The rights of the performer shall have effect for fifty (50) years following the first performance.
The rights of the phonogram producer shall have effect for fifty (50) years following the first publication of the phonogram, or for fifty (50) years following the first recording thereof, if it has not been published in the course of that period.
The rights of the broadcasting (cable distribution) organization shall have effect for fifty (50) years following the date of the first broadcast (cable transmission) effected by the organization.