Industrial Designs Law in Azerbaijan
Here’s an overview of Industrial Designs Law in Azerbaijan:
Industrial Designs Law in Azerbaijan
Legal Framework
Industrial design protection in Azerbaijan is governed by the Law on Industrial Designs (adopted in 1999 and amended several times).
Azerbaijan is a member of international treaties, including:
Paris Convention for the Protection of Industrial Property
Hague Agreement Concerning the International Registration of Industrial Designs (joined in 2013)
TRIPS Agreement
Competent Authority
The Azerbaijan Intellectual Property Agency (AZIPA) is responsible for the registration and administration of industrial designs.
Key Features:
Definition of Industrial Design
An industrial design is defined as the appearance of the whole or a part of a product, resulting from features such as lines, contours, colors, shape, texture, or materials.
Registration Process
Applications are filed with AZIPA and must include:
A clear representation of the design (drawings, photographs, or other graphic representations).
A description specifying the design and the product(s) to which it applies.
The agency conducts formal and substantive examination, including novelty and originality.
If accepted, the design is registered and published.
Duration and Renewal
Initial protection lasts for 5 years from the filing date.
Protection may be renewed twice, each renewal extending protection by 5 years, for a maximum total term of 15 years.
Rights Conferred
The right to prevent unauthorized use, manufacture, sale, import, or distribution of products bearing the registered design.
Exclusive rights enable licensing or assignment of the design.
Grounds for Refusal
Lack of novelty or individual character.
Designs dictated exclusively by technical function.
Designs contrary to public order or morality.
Infringement and Enforcement
Enforcement of design rights is available through civil courts, which can grant injunctions and damages.
Customs authorities may assist in preventing the import of infringing goods.
International Protection
Azerbaijan’s accession to the Hague Agreement allows applicants to seek international design protection designating Azerbaijan via WIPO.
Priority rights are recognized in accordance with the Paris Convention.
Summary
Azerbaijan’s industrial design law provides formal registration-based protection with exclusive rights for up to 15 years, supported by membership in key international treaties. The Intellectual Property Agency manages registration and enforcement.
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