THE LAW OF AZERBAIJAN REPUBLIC ON PATENT. Chapter I General Provisions

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1 THE LAW OF AZERBAIJAN REPUBLIC ON PATENT 1. The ecnmic relatinships and cncerning their nn-ecnmic persnal relatinships that arise frm the creatin, legal prtectin and use f inventins, utility mdels and industrial designs regulates n the territry f the Republic f Azerbaijan by this Law. Article 1. Basic ntins Chapter I General Prvisins Basic ntins used in this Law are as fllws: subject matter f industrial prperty - inventin, utility mdels and industrial design being the result f intellectual activity f man; inventin - new slutin, which answer cnditins f patentability, enabling practical slutin t a specific prblem f industry and the ther spheres f activity f ecnmy; utility mdel - cnstructive slutin means f prductin and cnsumer gds r f their cmpnents; industrial design - the nvel utward appearance f an article, art-cnstructive slutin utward appearance f an article; patent - title f prtectin issued by apprpriate bdy f executive pwer fr inventin, utility mdel and industrial design; prcess - fulfillment f prcesses crrelatin f actins upn material bjects; substance - artificially created material bject; device - structure, mechanism, article - f cnstructive elements r cmbined frm cnstructive elements, being in functinal-cnstructive unity; applicatin - arranged series f dcuments fr btained f patent n subject matter f industrial prperty. Article 2. Legislatin f the Republic f Azerbaijan n patents Legislatin f the Republic f Azerbaijan n patents cnsist frm Cnstitutin f the Republic f Azerbaijan, this Law and ther legislative act adpted in accrdance with the present Law and internatinal agreements f the Republic f Azerbaijan. Article 3. Legal prtectin f bjects f industrial prperty Rights t subject matter f industrial prperty are prtected by the State and certified by patent. Patent certifies authrship and pririty n the subject matter f industrial prperty and gives an exclusive right n use f them. Inventin, utility mdels and industrial design, that are cntrary t public interests, principles f humanism and mrality, are nt prtected by patent. Article 4. Respective bdy f executive pwer in the sphere f industrial prperty 1. Respective bdy f executive pwer in the sphere f industrial prperty f the Republic f Azerbaijan (hereinafter referred t as respective bdy f executive pwer) carries ut the state plicy in the sphere f prtectin f subject matter f industrial prperty, in accrdance with this the present Law shall admit applicatin materials frm legal entities and natural persns n f subject matter f industrial prperty, shall examine their, shall registratins the subject matter f industrial prperty in State Registers, shall grant patent, shall publish fficial infrmatin, shall carries ut attestatin and registratin f patent attrneys, fulfills ther functins shall be determined and regulated in accrdance by this Law and by the Statute f respective bdy f executive pwer. 2. While fulfilling their duties in the respective bdy f executive pwer, as well as within ne year after terminatin f their labr relatins with the respective bdy f executive pwer, the fficials the respective bdy f executive pwer may nt file patent applicatins. 3. Surces f financing f activity f the respective bdy f executive pwer are means allcated frm State budget f the Republic f Azerbaijan, patent fees and payments fr services rendered. Article 5. Cmmissin f Appeal

2 1. Disputes deriving frm the filed applicatin n subject matter f industrial prperty, its examinatin, f the grant f a patent, as well as attestatin f patent attrneys, their registratin and activity are cnsidered by the Cmmissin f Appeal f the respective bdy f executive pwer. The decisin f the Cmmissin f Appeal may be filed the appeal t a curt in an rder established by legislatin. 2. Statute fr Cmmissin f Appeal f the respective bdy f executive pwer established by the respective bdy f executive pwer. Article 6. Patent attrney 1. Patent attrney shall be a citizen f the Republic f Azerbaijan, shall have a permanent residence in the territry f the Republic f Azerbaijan, shall have a higher educatin, knws state language f the Republic f Azerbaijan and registered in State Register f patent attrneys. Patent attrneys assist the persn giving warrant in granting f patent n subject matter f industrial prperty, in cnduct f undertakings fr its validity in the territry f the Republic f Azerbaijan, represents it in putting int life f rights n subject matter f industrial prperty and during cnclusin f license agreements, prtects interests f the persn giving warrant in the respective bdy f executive pwer and curt and fulfills wrks within his cmpetence. 2. Activities f patent attrney regulated by the present Law and the Statute apprved by the respective bdy f executive pwer. 3. Patent attrney might nt be the wner f patent and the authr f subject matter f the industrial prperty. Chapter II Cnditins f patentability fr subject matter f industrial prperty Article 7. Cnditins f patentability fr inventin 1. The fllwing subject matter may be cnsidered inventin: device; prcess; substance; strain f a micrrganism; plant r animal cell culture; the use f a knw device, prcess, substance, strain f micrrganism fr new purpses. 2. The subject matter f an inventin shall be legal prtectin if it is new, invlves an inventive step and is capable f industrial applicatin. 3. An inventin shall be cnsidered new if it des nt frm part f the entire sum knwledge (state f the art). The entire sum knwledge (state f the art) shall be held t cmprise any infrmatin, which has becme available fr everybdy in the wrld befre t the filing date f the applicatin n inventin. The entire sum knwledge (state f the art) shall be held t cmprise als f applicatin n inventins filed t the respective bdy f executive pwer and which were published in fficial bulletin. 4. Items 3 f this article d nt apply t inventin, which have nvelty f cnsist frm nly a new use, if the use itself is nt cmprised in the entire sum knwledge (state f the art). 5. The disclsure f infrmatin cncerning the subject matter f an inventin during 12 mnths befre the filing date f the inventin applicatin t the respective bdy f executive pwer shall nt affect the nvelty f the inventin if it was made by the authr, the applicant r ther persn having btained such infrmatin directly r indirectly frm the authr r applicant. Authr r applicant undertakes the prf f the fact f disclsure f infrmatin. 6. An inventin shall be cnsidered as invlving an inventive step if, having regard t the state art, it is nt bvius t a persn skilled in the art. 7. An inventin shall be cnsidered as capable f industrial applicatin if its subject matter can be made r used in any fields f industry r ecnmy. 8. The fllwing subject matter shall nt be deemed inventins: scientific theries;

3 mathematical methds; utcme f the art-cnstructive perfrmance (design); methds f rganizatin and perfrming fr intellectual activity and fr business activity; rules and methds fr playing games; algrithms and prgrams fr cmputers; methds f presenting infrmatin; symbls, schedules and rules; prjects and plans fr structures and buildings and fr land develpment; plant varieties and animal breeds (this prvisin shall nt apply t micrbilgical prcesses r t prducts which are btained thrugh such prcesses); layut designs f integrated circuits; methds fr the diagnstic f illnesses, methds fr therapeutic and surgical treatment f humans r animal rganisms. Article 8. Cnditins f patentability fr utility mdel 1. If means f prductin, cnsumer gds r their cmpnents, cnstructive slutins and functinal peculiarities are utility, give advantage, save time, sften handwrk r imprve hygienic r psychphysical cnditins f labr, used fr a new purpses, it shall be deemed a utility mdels. 2. Utility mdel shall be legal prtectin that is new and is capable f industrial applicatin. 3. Utility mdel shall be cnsidered new, if her significant features are unknwn frm entire sum knwledge. The entire sum knwledge (state f the art) cnsists f bjects utility mdel f the same assignments and infrmatin cncerning their use in the Republic f Azerbaijan has been available fr everybdy befre t the prir date f the applicatin n utility mdel. The entire sum knwledge (state f the art) shall be held t cmprise als f applicatin n utility mdels filed by ther legal entities and natural persns t the respective bdy f executive pwer and which were published in fficial bulletin. 4. The disclsure f infrmatin cncerning the subject matter f a utility mdel during 12 mnths befre the filing date f the utility mdel applicatin t the respective bdy f executive pwer shall nt affect the nvelty f the utility mdel, if it was made by the authr, the applicant r ther persn having btained such infrmatin directly r indirectly frm the authr r applicant. Authr r applicant undertakes the prf f the fact f disclsure f infrmatin. 5. A utility mdel shall be cnsidered as capable f industrial applicatin if its subject matter can be made r used in any fields f industry r ecnmy. 6. The fllwing subject matter shall nt be deemed utility mdels: prcesses; substances; strain f micrrganisms; culture f plant r animal cells, their use f their fr new purpses; Subject matters appinted in the item 8 f the article 7 f the present Law. Article 9. Cnditins f patentability fr industrial design 1. Art-cnstructive slutins determining utward appearance f an article refers t industrial design. Industrial design shall be cnstituted by in the picture r mdel r in a cmbinatin f thse features. 2. An industrial design shall be legal prtectin that is new and riginal and is capable f industrial applicatin. 3. An industrial design is cnsidered nvel if its significant features (shape, cnfiguratin, rnament r the cmbinatin f the clrs), causing aesthetic and ergnmic peculiarities f the industrial design, are unknwn frm knwledge available fr everybdy in the wrld befre t the pririty date f the applicatin. The entire sum knwledge (state f the art) shall be held t cmprise als f applicatin n industrial designs filed by ther legal entities and natural persns t the respective bdy f executive pwer and which were published in fficial bulletin. 4. The disclsure f infrmatin cncerning the subject matter f an industrial design during 6 mnths befre the filing date f the industrial design applicatin t the respective bdy f executive pwer shall nt affect the nvelty f the industrial design, if it was made by the authr, the applicant r ther persn having btained such infrmatin directly r indirectly frm the authr r applicant. Authr r applicant undertakes the prf f the fact f disclsure f

4 infrmatin. 5. Industrial design, significant features f which determine by creative character t its aesthetic peculiarities f an article, shall be cnsidered riginal. 6. An industrial design shall be deemed capable f industrial applicatin if it can be repeated in manufacture. 7. The fllwing subject matter shall nt be deemed industrial designs: slutin that are determined exclusively by the technical functin f the manufactured article; architectural cncepts (with the exceptin f small scale architectural frms); industrial, hydraulic and ther statinary structures; printed matter as such; subject matter f unstable shapes such as liquids, gaseus, dry substances and the like. Article 10. The scpe f the legal prtectin cnferred by a patent and its validity term 1. The scpe f legal prtectin cnferred by patent t subject matter f industrial prperty shall be determined as fllws: fr inventin and utility mdel - by their claims; fr industrial design - by its significant features indicated in phtgraphs f the Article (mdel, drawing). 2. The term f a patent's validity in the Republic f Azerbaijan shall be determined frm the date n which the applicatin was filed t the respective bdy f executive pwer: fr inventin - 20 years; fr utility mdel - 10 years; fr industrial design - 10 years. 3. The rights cnferred by patent fr prcess f btaining a prduct (article) extending t the any identical prduct btained by this prcess and in the absence f prf t the cntrary, the new prduct are deemed t be btained by the patented prcess. Chapter III Authr and wner f patent Article 11. Authr f inventin, utility mdel and industrial design 1. The natural persn that creative wrk has resulted in an inventin, utility mdel and industrial design shall be cnsidered as the authr theref. Where subject matter f industrial prperty is the result f the jint creative wrk f several natural persns, thse persns shall be deemed as the jint authrs theref. The cnditins fr exercising the rights belnging t the jint authrs shall be determined by agreement between them. 2. Natural persns, wh have nt made any persnal creative cntributin t the making f the subject matter f industrial prperty, but have merely prvided the authr (r jint authrs) with technical, rganizatinal r material assistance, r have helped fr legalizatin f rights n subject matter f industrial prperty and use theref, shall nt be deemed an authrs. 3. The right t authrship f a subject matter f industrial prperty shall cnstitute an inalienable persnal right and shall enjy prtectin withut limitatin in time. 4. Relatins cncerning use f subject matter f industrial prperty between authr, applicant r wner f patent (nt being an emplyer) are regulated by agreement cncluded between them. Litigatin between them cncerning use f subject matter f industrial prperty shall be cnsidered by the Curt prceedings. Article 12. Owner f the patent Patent is granted t the fllwing persns:

5 t the authr (authrs) f the subject matter f industrial prperty r his (their) successrs; t the legal entities r natural persns upn their cnsent specified by the authr r jint authrs) r his (their) legal successrs in the applicatin fr the grant f a patent r in the request befre t the date f registratin f the subject matter f industrial prperty filed t the respective bdy f executive pwer; emplyer in the prvisins referred in the Articles 13 f this Law. Article 13. Emplyer and authr 1. Owners f enterprises r head f enterprise, cmpetent bdy, authr used by him, as well as natural persns engaged in business activity nt prhibited by legislatin are cnsidered t be emplyed regardless f rganizatinal - legal frm f labr activity carried ut by emplyee (hereinafter emplyee), which is an authr. 2. The right fr granting patent n subject matter f industrial prperty created by an emplyee in the accmplishment f his wrk-related duties r specific tasks (targets) (prductin, scientific research, art-graphic r ther type) entrusted t him in writing by his emplyer shall belng t the emplyer, unless therwise prvided by cntract. Relatins between emplyer and emplyee cncerning creatin f the new subject matter f industrial prperty shall be determined by cntract. 3. Within ne mnth f the date n which f subject matter f industrial prperty has been created accrding t item 2 f this article, the emplyee (emplyees) shall be required t infrm his emplyer in writing theref emplyee (emplyees), which have created f subject matter f industrial prperty accrding t item 2 f this article, shuld send a written ntificatin t emplyer abut this within 1 mnth after creatin f the n subject matter. 4. If the emplyer refuses frm filing an applicatin n subject matter f industrial prperty r des nt infrm the emplyee abut his intentin f use f this right within a perid f 3 mnth as frm the date n which the authr has infrmed his emplyer, then this right shall revert t the emplyee. Emplyer and emplyee shall refrain frm any disclsure f the essence f the subject matter f industrial prperty befre applicatin has been filed. 5. Accrding t item 4 f this article the emplyer within 6 mnths after btaining f patent by emplyee has a preferential right t use f the patent n the bases f the license cntract. 6. Right f btaining patent t the subject matter f industrial prperty in all cases, except cases stipulated in the item 2 f this article belngs t emplyee. 7. Emplyer pays certain amunt t emplyee fr creatin f the subject matter f industrial prperty in accrdance with terms f cntract cncluded between the emplyee and the emplyer. Where emplyer transfer the right f use n subject matter f industrial prperty t ther persn and prfit btained by emplyer des nt cnfrm with amunt f remuneratin paid t emplyee r if the emplyer cntinues his participatin in the use f the subject matter f industrial prperty and makes a prfit nt cnfrming with amunt f remuneratin paid t the emplyee, the emplyee has the right t require increase f amunt f charge. If ecnmic benefit btained is mre than that stipulated in the agreement cncluded between emplyer and emplyee during use f the subject matter f industrial prperty, the emplyee has the right f receiving extra remuneratin. If the emplyee decides t refuse in the right cncerning patent referring t subject matter f industrial prperty, he shuld suggest the emplyee cnclusin f agreement n transfer f rights n this the subject matter f industrial prperty n him in advance. 8. If the respective bdy f executive pwer is the custmer f special scientific-research and design-cnstructin wrks relating t natinal security f the State, the right f cncerning created by the executr f subject matter f industrial prperty in cnnectin with fulfillment f these wrks are regulated by legislatin f the Republic f Azerbaijan. 9. Litigatin arising between emplyer and emplyee in cnnectin subject matter f industrial prperty are cnsidered by the Curt prceedings in an rder established by legislatin f the Republic f Azerbaijan. Chapter IV Right n use an Inventin, Utility Mdel and Industrial Design Article 14. Exclusive right n use f subject matter f industrial prperty 1. Exclusive right n use f subject matter f industrial prperty shall belng t the wner f the patent, if it des nt infringe upn the rights f ther patent wners and the present Law.

6 2. Nbdy may use the subject matter f industrial prperty fr which the patent was granted withut having btained the cnsent f the wner f the patent. 3. The wner f the patent shall use the rights cnferred n him by the patent withut causing a prejudice t public interests r f the State. 4. If the subject matter f industrial prperty wned by several patent wners, rights n patent may be transferred by each f them t ther legal entities r natural persns accrding t agreement cncluded between them. If they cannt arrive at an agreement, litigatin settled are cnsidered by the Curt prceedings in an rder established by legislatin f the Republic f Azerbaijan. Article 15. Use f subject matter f industrial prperty 1. The placing n the market f any prduct in which a patented a subject matter f industrial prperty has been used r the applicatin prcess prtected by a patent shall be deemed t have been used f a subject matter f industrial prperty if the they cntain all f the essential features a patented f subject matter f industrial prperty. 2. Mutual relatins resulting frm the explitatin f subject matter f industrial prperty, fr which a jint patent has been granted, shall be defined by an agreement between the jint patent wners. In the event that such an agreement has nt been cncluded, each jint patentee shall have the right t use the subject matter f industrial prperty as he sees fit, except in cases regarding the granting f t ther persn a license r transfer f rights n patent. In the absence f agreement, each f the wners may use the subject matter f industrial prperty by its discretin, withut t the licensing r assignment f a patent. Litigatin arising between jint patentees in cnnectin f subject matter f industrial prperty shall be cnsidered by the Curt prceedings in an rder established by legislatin. 3. The applicant f subject matter f industrial prperty might assignment f use f the subject matter t any legal entity r natural persn accrding t agreement till he btains patent. Where the subject matter f industrial prperty has several applicants, rights n applicatin might be transferred t ther legal entity r natural persn by each f them accrding t the agreement between them. Agreement n transfer the right n use registered by the bdy f apprpriate executive pwer after filed request and payment f prescribed fee. Legal entity r natural persn having used the subject matter f industrial prperty during its prvisinal legal prtectin fr cntinuatin f this use after btaining a patent by the applicant cnclude a license agreement with patent wner in accrdance with Article 19 f the present Law. Article 16. Right f prir use 1. Any legal entity r natural persn wh, befre the pririty date f subject matter f industrial prperty prtected by a patent and independently f the authr, has devised and used in gd faith n the territry f the Republic f Azerbaijan an identical subject matter f industrial prperty r has up until that date been making the necessary preparatins fr such use, has the right, withut hindrance and withut paying any cmpensatin t the patent wner, t cntinue independently using the subject matter, prvided that the scpe f the use f the subject matter is nt expanded. 2. Fr recgnitin the right f prir user the respective bdy f executive pwer cnsiders his request accrding t his applicatin and sends a ntificatin t patent wner within the perid f 1 mnth. Upn applicatin the prir user shuld als present the dcument certifying payment by him f the prescribed fee. If there are n bjectins frm patent wner n prir use within the perid f 2 mnths, the respective bdy f executive pwer shall adpt a decisin n recgnitin f right f prir user and shall de recrded it in apprpriate the State register and shall publish a ntice theref in the fficial bulletin. Litigatins arising between prir user and patent wner cnsider by the Curt prceedings. 3. The right f prir use may nly be transferred t successr, anther legal entity r natural persn tgether with the enterprise where the subject matters f industrial prperty is used r where the necessary preparatins fr such use had been made. Successr, legal entity r natural persn might use this right in a scpe given a prir user in accrdance with item 1 f the present Article. Article 17. Assignments cncerning subject matter f industrial prperty 1. If there are n ther cases stipulated by legislatin f the Republic f Azerbaijan the right cncerning t any applicatin, t patent r ther rights deriving frm them may be assigned, in whle r in part, t anther persn in an rder stipulated by legislatin f the Republic f Azerbaijan. 2. Right n btaining f patent fr a subject matter f industrial prperty may be transferred by successin in an rder established by legislatin f the Republic f Azerbaijan.

7 3. Assignment cncerning f subject matter f industrial prperty n applicatin, n patent r ther rights deriving frm them t anther persn are registered by the bdy f the apprpriate executive pwer. Article 18. Using f the subject matter f industrial prperty withut cnsent f patent wner With the bjectives f safeguarding the interests f natinal security respective bdy f executive pwer has the right f giving his cnsent n use f the subject matter f industrial prperty withut the cnsent f patent wner. In this case remuneratin cmpensatin is paid t patent wner. In the case when the patent wner is nt satisfied with the amunt f cmpensatin, he may appeal t the Curt in an rder established by legislatin the Republic f Azerbaijan. Article 19. Exclusive and nn-exclusive license agreements cncerning granted the right t explit the subject matter f industrial prperty 1.Any legal entity r natural persn, nt being patent wner, may explitatin the subject matter f industrial prperty nly with cnsent f patent wner, accrding t license agreement. Accrding t license agreement patent wner (licensr) shall grants the right t explit a subject matter f industrial prperty t anther legal entity r natural persn (licensee) in a scpe stipulated by agreement. The license agreements shall be registered with the respective bdy f executive pwer. 2. License may be exclusive and nn-exclusive. An exclusive license grants the right t the licensee the exclusive right t explit the subject matter f industrial prperty in a scpe stipulated by license agreement. Licensee may cnclude sublicense agreement with ther legal entity and natural persn accrding t written cnsent f licensr. This agreement registered by respective bdy f executive pwer. Sublicense shall be nn-executive character and may nt be granted t thers persn. In case exclusive license is terminated, sublicense agreement is terminated as well. 3. A nn-exclusive license shall enable the licensr, whilst affrding t the licensee the right t explit the subject matter f industrial prperty, t maintain all rights under the patent, including the right t affrd licenses t ther parties. 4. Changing intrduced t the license agreement by accrding t mutual cnsent f the parties shall be recrded by the respective bdy f executive pwer, when the license agreement was registered in the bdy f apprpriative executive pwer. 5. Litigatins cncerning license agreement cnsider by the Curt prceedings in an rder established by legislatin. Article 20. Cmpulsry license cncerning granted f right n use 1. Where the wner f a patent r his right successr des nt use the subject matter f industrial prperty within 3 years time frm the date a patent is granted withut any valid reasn and des nt made serius preparatin t use r suspend mre than 3 years and refuses frm grant the license after terminatin f this perid, any legal entity r natural persn may appeal t the Curt with a request fr the grant cmpulsry license n use the subject matter f industrial prperty. Cmpulsry license shall be f nn-exclusive character. Where in the licensee des nt use cmpulsry license within the perid f 2 years frm the date f btaining, the wner f patent may appeal the Curt fr cancellatin f the license in an rder established by the legislatin. Relatins between patent wner and persn btained the cmpulsry license frm the date f granting f cmpulsry license cnsidered equal t the relatins between licensr and licensee established by the present Law. 2. If a patent wner is nt able t explit the subject matter f industrial prperty withut infringing the rights f anther patent wner, he shall be entitled t require the latter t cnclude with him a license agreement. Litigatins cncerning this prblem cnsider by the Curt prceedings in an rder established by legislatin. Article 21. State incentives fr the use f the subject matter f industrial prperty

8 State incentives creatin and use f the subject matter f industrial prperty and may establish privileges, as well as preferential lans t authrs, patent wners and ecnmic entities. Chapter V Infringement f rights n patents Article 22. Infringement f exclusive rights f patent wner The manufacturing, using, imprting, ffering fr sale, selling, any ther frm placing n the market r hlding in stck fr such purpse, f a prduct (article) f frming the patented subject matter f industrial prperty, as als the use f a prcess prtected by the patent, frm placing n the market r hlding fr such purpse f a prduct btained by that prcess if they perfrmed withut the cnsent f the patent wner shall be deemed t cnstitute an infringement f the exclusive rights f the patent wner. Article 23. Acts nt cnstituting infringement f the exclusive rights f patent wners The fllwing shall nt be deemed as infringements f the exclusive rights f the patent wner: nn-prfit use f prduct cntaining patented subject matter f industrial prperty fr nn-cmmercial purpses; the use f prduct cntaining a patented subject matter f industrial prperty fr the scientific experiments r research purpses, as well as in the testing f a patented subject matter f industrial prperty; the preparatin f medicine in a pharmacy in exceptinal cases as prescribed by a dctr; the use f devices frming the patented subject matter f industrial prperty in the cnstructin r peratin f means f transprt f ther cuntries when such means f transprt temprarily r accidentally enter the territry f the Republic f Azerbaijan, prvided that such devices are used there exclusively fr the needs f the means f transprt, if the means f transprt belng t legal entity r natural persns f cuntries affrding the same rights t wners f means f transprt f the Republic f Azerbaijan. Article 24. Infringement f patent 1. Any legal entity r natural persn using the subject matter f industrial prperty prtected by a patent with infringement f prvisins f the present Law shall be deemed t infringe f rights n patent. A persn wh infringement the rights n patent may be held respnsible in accrdance with an rder established by legislatin. 2. In the case when patent wner d nt reach an agreement cncerning the amunt cmpensatin fr the damage with legal entity r natural persns wh infringe the patent, then the litigatins are cnsidered by the Curt prceedings in an rder established by legislatin. Chapter VI Filing f applicatins and btaining f patent Article 25. The subject matter f industrial prperty cncerning natinal security If disclsure f infrmatin n filed applicatin cncerning the subject matter f industrial prperty may damage natinal security the Republic f Azerbaijan, this applicatin shall be cnsidered in an rder determined by a rule f respective bdy f executive pwer. Article 26. Internatinal applicatin 1. In the case when internatinal applicatin filed t the respective bdy f executive pwer, in accrdance with internatinal treaty t which the Republic f Azerbaijan is party, the applicant shall within 2 mnth frm filing date f internatinal applicatin t the respective bdy f executive pwer submit a translatin f the claims, abstract, descriptin n internatinal applicatin int the Azerbaijan language. 2. Legal entities and natural persns f the Republic f Azerbaijan may be file f internatinal applicatin in accrdance with internatinal agreements, in which the Republic f Azerbaijan participates. 3. The respective bdy f executive pwer deemed as a receiving ffice fr internatinal applicatin filed in accrdance with the item 2 f the present article. Article 27. Filing f applicatin fr btaining f patent

9 1. Legal entity r natural persns wishes t btain patent fr subject matter f industrial prperty shall be file an applicatin t respective bdy f executive pwer. 2. Applicant may file applicatin t respective bdy f executive pwer as fllws: directly himself; thrugh the patent attrney wh has been registered by the respective bdy f executive pwer. Freign legal entities and natural persns, if there are n ther cases stipulated by internatinal agreements, which the Republic f Azerbaijan participates in, file applicatin t respective bdy f executive pwer by patent attrney registered in the respective bdy f executive pwer f the Republic f Azerbaijan. Cmpetence f patent attrney is certified thrugh a warrant, granted by applicant. 3. The applicatin fr inventin r utility mdel shall relate t ne inventin r utility mdel nly r t a grup f inventins r utility mdels s linked as t satisfy the requirement f unity. An applicatin shall cntain the fllwing: a request fr the grant f patent, stating the names f the authr (authrs) and the legal entity r natural persns in whse name the grant f patent is sught, tgether with addresses f their places f residence r f business; a descriptin disclsing the subject matter f the inventin r utility mdel sufficiently clear and cmplete fr it t be carried ut; the claims shall define the subject matter f inventin r utility mdel and supprted by the descriptin; drawing and ther material where necessary fr the understanding f the subject matter f the applicatin; an abstract. 4. The applicatin fr industrial design shall relate t ne industrial design nly. When several subject matters create unite art-cnstructive frm, they are deemed as ne industrial design. Where several industrial designs belng t the same class f classificatin, they are deemed as ne industrial design. An applicatin fr industrial design shall cntain the fllwing: a request fr the grant f patent, stating the names f the authr (authrs) and the legal entity r natural persns in whse name the grant f patent is sught, tgether with addresses f their places f residence r f business; a set f phtgraphs, mdel r drawing f the manufactured article, prviding a full and detailed view f its utward appearance; an verall drawing f the manufactured article, a representatin f its functinal features r an assembly diagram where necessary fr the disclsure f the subject matter f the industrial design; a descriptin f essential features f the industrial design. 5. The applicatin shall be accmpanied by dcument, cnfirming payment f the prescribed depsit patent fee fr filing applicatin r circumstances giving entitlement t a reductin in the fee. 6. Requirements related t applicatin fr btain the respective bdy f executive pwer shuld determine patent. 7. A request fr the grant f patent shall be filed in the Azerbaijani language. Other materials f applicatin may be filed in the Azerbaijani r ther language. Translatin f materials n applicatin filed in ther language int Azerbaijani shuld be submitted within f 2 mnths after date filing applicatin. Recrd keeping cncerning applicatin is carried ut in Azerbaijani. 8. Within ne mnth f the filing date f the applicatin, the applicant shall have the right, n his wn initiative, t make crrectins r amendments in the applicatin, which d nt affect the essence f the subject matter f industrial prperty. The applicant may make crrectins r amendments in the applicatin after expiratin f 1mnth perid n terms f payment f established fee until f the respective bdy f executive pwer admits the decisin n publish f materials f applicatin in fficial bulletin. The amendments may be made accrding t prpsal f expert as well. Additinal elements mdifying the essence f subject matter f industrial prperty n applicatin, cntaining features that d nt appear in the applicatin, shall nt be taken int cnsideratin fr the purpses f the examinatin and the applicant may file them in the frm f a separate applicatin.

10 Article 28. Pririty f subject matter f industrial prperty 1. The pririty f the subject matter f industrial prperty shall be determined by the date f acceptance t the respective bdy f executive pwer f a regular applicatin in accrdance with article 27 f the present Law. The right t pririty shall ccur fr inventin in accrdance with items 3 and 4 f article 7 f the present Law, fr utility mdel in accrdance t item 3 f article 8 f the present Law, fr industrial design accrdance t item 3 f article 9 f the present Law frm the filing date f applicatin. 2. The pririty f a subject matter f industrial prperty may be determined by the filing date f the first applicatin in a State party t the Paris Cnventin fr the Prtectin f Industrial prperty (Cnventin pririty) if the inventin applicatin r the utility mdel is filed t the respective bdy f executive pwer within 12 mnths f that date r f 6 mnths in the case f an industrial design. The pririty f a subject matter that has been shwn in an fficial internatinal exhibitin held n the territry f a State party t the Paris Cnventin may be claimed with t the date as frm which the subject matter was presented t the public as such exhibitin, n cnditin that the applicatin be filed within six mnths fllwing such date (exhibitin pririty). This time limit shall nt be cumulative with the cnventin pririty time limit. 3. An applicant desiring t take f the right t Cnventin pririty shall be required t state the fact when filing the applicatin r within tw mnths f the date n which the applicatin is received by the respective bdy f executive pwer and shall be filed infrmatin cncerning previus applicatin and patent certified as crrect by the authrity which received such applicatin. In this infrmatin the applicant indicating bibligraphic data cncerning f the subject matter f previus applicatin. If it is necessary the respective bdy f executive pwer may require additinal infrmatin cncerning filing infrmatin f the previus applicatin frm the authrity, which received such applicatin. 4. If the declaratin f pririty is nt file in the perid indicated in the item 2 f this article and prvisins indicated in the item 3 and 8 f this article are nt fulfilled, pririty shall be determined by the date f receipt at the respective bdy f executive pwer. 5. The pririty may be determined by the filing date f the first identical applicatin, filed accrding t internatinal agreements n prtectin f industrial prperty, which the Republic f Azerbaijan is a member f, if this applicatin will be withdrawn by applicant and between dates which he prvided pririty and the date f receipt at the respective bdy f executive pwer f the applicatin, shuld nt pass mre than 12 mnths fr inventin and utility mdel and 6 mnths fr industrial design frm the date f admissin f the earlier applicatin. 6. The pririty may be determined the date f admissin f additinal materials, if the applicant as had executed them a separate applicatin filed within 3 mnths f the date f receipt by the applicant f a ntificatin frm the respective bdy f executive pwer t the effect that the additinal dcuments will nt be taken int cnsideratin since they mdify the subject matter f the applicatin. 7. The pririty f subject matter f industrial prperty may be determined by the date f filing with the respective bdy f executive pwer an earlier applicatin f the same applicant, which disclses the subject matter f industrial prperty, prvided that the applicatin, the pririty f which is claimed, is filed befre expiratin f 12 mnths frm the date f receipt f the earlier applicatin fr inventin r utility mdel and was filed befre expiratin f 6 mnths frm the date f receipt f the earlier applicatin fr industrial design. In such a case the earlier applicatin is cnsidered withdrawn. 8. Fr claiming f Cnventin pririty r pririty cncerning n earlier filed applicatin applicant shall submit a dcument n payment f established fee t respective bdy f executive pwer within f 2 mnths frm the date f his the request. 9. The pririty f may nt be determined by the date f receipt f an applicatin in which an earlier pririty was already claimed. 10. In the case when dates f pririty f similar subject matter f industrial prperty are established t be same during examinatin, pririty is established accrding t the applicatijn, which has been sent t respective bdy f executive pwer earlier. If these dates are als same, applicatin which was btained registratin number earlier by the respective bdy f executive pwer (if there are n ther terms stipulated by the agreement between the applicants). 11. Disputes between applicants cncerning pririty are cnsidering by cmmissin f Appeal. Where the applicant des nt agree with the decisin cmmissin f Appeal he may appeal t the Curt. Article 29. Examinatin f applicatin

11 1. The respective bdy f executive pwer within 1 mnth frm the date f receipt f applicatin determine whether the filed applicatin cmplies with the requirements t items 3, 4, 5 and 6 f article 27 f this Law, accept a decisin n registratin f applicatin, established the pririty r accept a decisin n examinatin. 2. If the dcuments f applicatin d nt satisfy the required cnditins cncerning items 3, 4, 5 and 6 f article 27 f this Law, the respective bdy f executive pwer shall sent the ntificatin t the applicant. The applicant shall submit the crrected r missing dcuments (materials) within 2 mnths frm the date f btaining the request. If the applicant des nt submit the required materials in accrdance with determined term r des nt submit the petitin cncerning prlngatin f the term in the determined date (n terms f payment f fee), the applicatin shall be cnsidered nt filed. 3. Where an applicatin admit fr cnsideratin the respective bdy f executive pwer shall examine the applicatin n the cntent subject matter f industrial prperty with fllwing: fr inventins - requirements f paragraph 3 f article 3, items 1, 6, 7, 8 f article 7 the present Law; fr utility mdel - requirements f paragraph 3 f article 3, items 1, 5, 6 f article 8 the present Law; fr industrial design - requirements f paragraph 3 f article 3, items 1, 5, 6 and 7 f article 9 the present Law. Examinatin f the applicatin n a subject matter f industrial prperty cncerning the cnditins f nvelty shall examine with accrding t paragraph 2 f item 3 and item 4 f article 7, t paragraph 2 f item 3 f article 8, t paragraph 2 f item 3 f article 9 the present Law and t subject matter f industrial prperty which is prtected in the territry f the Republic f Azerbaijan. If the result f the examinatin shws that the subject matter f industrial prperty n applicatin meets the prescribed requirements f this article, then the decisin shall be taken n publish f applicatin in fficial bulletin f respective bdy f executive pwer and materials cncerning f applicatin are published after payment a crrespnding fee by applicant. 4. The decisin t refuse grant f patent shall be based n the findings f the examinatin by the respective bdy f executive pwer if a subject matter f industrial prperty f applicatin is nt satisfactry cnditins established in this article. 5. Where the applicatin, which cntains f several subject matter f applicatin cncerning inventin and utility mdel and nt satisfying the requirements f unity the applicant shall be ffered t ntify which the subject matter n applicatin are t be taken int cnsideratin within tw mnths frm the date f btaining f the crrespnding ntificatin. If the applicant des nt reply t a ntificatin frm the examiner within the indicating perid, in this case respective bdy f executive pwer the examinatin shall be carried ut in respect f the subject matter n applicatin that is mentined first in the applicatin. The ther subject matter f applicatins fr inventin and utility mdel cntained in the initial applicatin may be submitted as divisinal applicatins and filed as a separate applicatin. The subject matter f inventin r utility mdel f divisinal applicatin shuld nt exceed the bunder f cntents f the initial applicatin and shuld be exactly characterized by the applicant as its cmpnent part. Divisinal applicatin shuld be submitted t respective bdy f executive pwer within the perid f 12 mnths after filing f initial applicatin fr inventin, but fr utility mdel within the perid f 6 mnths after filing f initial applicatin. Fee fr each divisinal applicatin shall be payment in an established amunt fr handing f separate applicatin. If this cnditin is satisfied the pririty f the divisinal applicatin shall be determined by the pririty f the initial applicatin. If the subject matter f divisinal applicatin exceeds the bund f cntents f initial applicatin, then the date f submitted f final editin f applicatin is deemed t be the date f filing f applicatin. 6. The applicant may, n payment-established fee, appeal frm decisin t refuse the grant f patent t the cmmissin f Appeal f respective bdy f executive pwer within tw mnths perid f the date f receiving such decisin. 7. Applicant might acquaint with all materials cncerning the decisin cmmissin f Appeal. 8. The applicant has the right t take back the applicatin until the registratin f the patent. In this case paid fees are nt given back.

12 9. An applicant shall have the right f cnverting his inventin applicatin t a utility mdel applicatin (r vice verse) by filing a request befre the publicatin f data cncerning an inventin. In these cases pririty f initial applicatin are preserved. 10. In accrdance with request filed by the applicants r an interested persn can be presented t the respective bdy f executive pwer within 18 mnths after the date f filing f applicatin, n terms f payment f the established fee, the bdy f the respective bdy f executive pwer may carry ut search f infrmatin fr establishment the patentability f subject matter. In accrdance with filed request f the applicants r an interested persn can be presented t the respective bdy f executive pwer within 18 mnths after the date f filing f applicatin, n terms f payment established fee, may carry ut the substantive examinatin f the applicatin. Results f cntents f the substantive examinatin are ntified t the applicant r an interested persn. The search f infrmatin and substantive examinatin shall be carried ut in accrdance with the rules determined by the respective bdy f executive pwer. Article 30. Publicatin f infrmatin cncerning f applicatin 1. N later than 12 mnths after the date f receipt f the applicatins an inventin r utility mdel and n later than 6 mnths after the date f receipt f the applicatin f industrial design the respective bdy f executive pwer shall publish infrmatin cncerning the applicatins in the Official bulletin. 2. The authr (inventr) has the right t demand in a request nt t be mentined as the inventr f the subject matter f industrial prperty in any fficial publicatin f the respective bdy f executive pwer. 3. Fllwing shall be specified infrmatin cncerning the applicatins: infrmatin n the authr (if he has nt refused t be mentined as authr) and n the applicant; the title f the subject matter; index f Internatinal Patent Classificatin; internatinal index f industrial design; the pririty date; the abstracts f the inventin r utility mdel; the list and the descriptin f essential features f the industrial design. 4. The applicant will bear respnsibility fr nvelty f subject matter f the applicatin with accrding t paragraph 2 f item 3 f article 7, t paragraph 1 and 2 f item 3 f article 8, t paragraph 1 f item 3 f article 9 the present Law after publish f infrmatin cncerning f applicatin. 5. As sn as the infrmatin cncerning f the applicatin has been published, any legal entity r natural persn, having interest, has the right t inspect the applicatin materials in the respective bdy f executive pwer and t btain, n terms f payment established fee, a cpy f the descriptin, drawings, figures and phtgraphs f the subject matter f industrial prperty. Prcedure f inspectin with published materials f applicatin is established the bdy apprpriative executive pwer. 6. Infrmatin cncerning an applicatin shall nt be published in the fllwing cases: a decisin t refuse grant f patent has been taken; the applicatin has been withdrawn; if the applicant presents the request fr pstpnement; if the applicant presents the request fr refusal frm the publish. 7. If the subject matter f inventin r utility mdel affects the interests f natinal security f State, the respective bdy f executive pwer shall have the right, upn its wn initiative, t pstpne the publicatin the publicatin f the infrmatin cncerning f applicatin fr up t fur mnths frm the date f decisin f the publicatin. Upn expiratin f this term, the decisin f the respective bdy f executive pwer becmes null and vid, if it is nt apprved and a respective bdy f executive pwer des nt extend the term (the term is nt extended by a respective bdy f executive pwer). If the respective bdy f executive pwer prhibits publicatin f the infrmatin, the pen use f the inventin (utility mdel) is prhibited r the use subject matter f industrial prperty n applicatin r n patent is prhibited, the applicant r the patent wner may request by the respective bdy f executive pwer paid respective cmpensatin. Respective cmpensatin might be required in the case if the first 12 mnths perid f prhibitin f published infrmatin and use f inventin (utility mdel) is being prlnged.

13 In this case litigatins are settled by the Curt prceedings. 8. Each subject matter f industrial prperty n applicatin shall be cnferred temprary legal prtectin frm the date f publicatin f the materials f applicatin befre t the date f grant f patent. Temprary legal prtectin is nt deemed t start if a decisin is adpt (admit) n refusal f grant f patent. Article 31. Oppsitin t applicatin 1. Within 6 mnths frm the date when infrmatin f applicatin is published any legal entity r natural persn shall have the right t submit t the cmmissin f Appeal a substantiated ppsitin. In this case cpies f referred materials shuld be presented as well. 2. An ppsitin against the applicatin may be filed, if the requirements f paragraph 3 articles 3 and articles 7, 8, 9, 27 and 29 f this Law have nt been bserved. 3. Cpy f the valid ppsitin shall be frwarded t the applicant. Applicant shall answer n ppsitin within the perid f 2 mnths after received f cpy f ppsitin. Where the applicant des nt submit his answer t cmmissin f Appeal within the established terms, the applicatin will be deemed rejected. 4. The cmmissin f Appeal shall examine the ppsitin within 2 mnths frm the date f receipt f the applicant's bservatin. Bth parties shall have right t participate in the ppsitin prceedings, t submit essential materials and t prvide ral explanatins. 5. Accrding t the results f the ppsitin examinatin, the cmmissin f Appeal shall adpt a decisin either t fully r partially revke the patent r t reject the ppsitin and sends the ntificatin t the applicant. Article 32. Registratin f subject matter f industrial prperty and grant f patent 1. The respective bdy f executive pwer, after expiratin established f term n submissin f ppsitin t published applicatin r frm the date the adpt by Appeal cmmissin f decisin n grant f patent, within the perid f 2 mnths n cnditins f payment f the prescribed fee fr registratin, grant and publicatin f patent the subject matter f industrial prperty shall be registered by the respective State Register and grant the patent t the applicant. Prcedure f inclusin f subject matter f industrial prperty t State register is determined by the bdy apprpriate executive pwer. 2. In rder t maintain the validity f patent his wner shuld pay the annual fee beginning frm 3rd year f validity after the date f file n applicatin. 3. If patent is request by mre than ne persn, ne single patent shall be granted t ne f them, while the rest are granted cpy f the patent certified by the respective bdy f executive pwer. 4. Accrding with substantiated t request, n terms f payment by the established fee, patent wner may btain the duplicate f the patent. 5. If the applicant and authr are different persns, the authr may t btain the cpy f the patent. 6. The authr may refuse frm mentined f his name in the patent. Article 33. Publicatin f infrmatin cncerning patent 1. The respective bdy f executive pwer shall publicatin the infrmatin cncerning patent in its fficial bulletin within the perid f three mnths after registratin f the subject matter f industrial prperty and grant f patent. The infrmatin shall be include fllwing: name f patent wner (wners), name f authr (authrs), if he has nt refused t be mentined as authr; the title f the subject matter f industrial prperty; the date f receipt at the bdy apprpriate executive pwer f a applicatin; the pririty date; the claims f inventin r utility mdel; the list and the descriptin f essential features f the industrial design.