Domestic

Domestic

Azerbaijani parliament adopts law on enforcement of intellectual property rights and fight against piracy

22 May 2012 12:07 (UTC +04:00)

APA reports that chairman of Copyright Agency Kamran Imanov also participated in the parliament discussions.

The project consists of 4 chapters and 17 articles. The draft law regulates the relations on ensuring of protection of the intellectual property rights, protection of ownersâ€™ interests of intellectual property objects and offences in this sphere, including prevention of illegal production and spreading of the copies of relevant intellectual property objects. Main ideas in this sphere were explained in the project.

According to the project, the court, which consider civil case due to the violation of intellectual property rights, has right to demand from the respondent give information to the right holder about the third persons, who directly or indirectly participated in production and spreading of piracy products and doing services which violate intellectual property rights when law owner or his representative has reasonable request.

The court can demand information about names and addresses of producers of piracy and contract products, people who keep and spread these products, including sellers, quantity and cost of ordered or acceptable piracy and contract products, as well as spreading ways of these products.

Clauses about the compensation of the violation of the intellectual property right were also included into the project.

While determining the damage, the court should consider the incomes gained as a result of violation of copyrights, the copyright ownerâ€™s expenses, including lawyerâ€™s payment, as well as his incomes from the intellectual property.

The court has a right to adopt decision on deletion of goods, which caused the law violation, from the trade network without compensation, as well as withdrawal, confiscation and destruction of materials and equipments used in preparation (production) of goods.

The court has a right to adopt decisions about urgent and efficient measures for the purpose of ensuring the civil claim.

Those measures will be taken for the purpose of preventing the preparation (production) and spread of pirate and infringing goods, which cause the violation of intellectual property right, preventing the access of pirate and infringing goods to the trade networks, protecting proofs of the violation of copyrights.

The draft was put to vote at the second reading and adopted. Then the law was adopted in the third reading.

Consequently the parliament finished its meeting today.