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​An effective mechanism is being created to ensure the legal protection of Azerbaijani folklore

​An effective mechanism is being created to ensure the legal protection of Azerbaijani folklore

By Resolution No. 233 of the Cabinet of Ministers of the Republic of Azerbaijan dated August 20, 2021, the “Rules for State Registration of Expressions of Azerbaijani Folklore (Traditional Cultural Expressions) and Traditional Knowledge of Azerbaijan” were approved.

The approved new Rules define the relevant legal procedures for the legal protection and registration of Azerbaijani folklore expressions (traditional cultural expressions) and traditional knowledge of Azerbaijan.

Registration of expressions of Azerbaijani folklore (traditional cultural expressions) and traditional knowledge of Azerbaijan has the purpose of their legal protection and, in accordance with this Regulation, they are registered as intellectual property objects in the Intellectual Property Agency of the Republic of Azerbaijan. The legal protection of expressions of Azerbaijani folklore (traditional cultural expressions) and traditional knowledge of Azerbaijan, as special types of intellectual property, is carried out by the Agency.

When using expressions of Azerbaijani folklore (traditional cultural expressions) and traditional knowledge of Azerbaijan in our country and abroad, in some cases the source of these samples, the name of the people to which they belong, or the geographical place of their origin is not indicated or incorrectly indicated. With the application of this Rule, it will be possible to create effective protection and protection mechanisms that ensure the legal protection of Azerbaijani folklore.

The legal protection of expressions of Azerbaijani folklore (traditional cultural expressions) and traditional knowledge of Azerbaijan in the intellectual property protection regime includes the recognition of the protection of their rights as intellectual property, the provision of measures against the illegal use of these samples by individuals and legal entities, including the creation of obstacles for the illegal acquisition of intellectual property rights ownership of them by court order or by third parties.

This Rule has been developed in accordance with the Azerbaijani (Laws of the Republic of Azerbaijan "On Copyright and Related Rights", "On the Legal Protection of Expressions of Azerbaijani Folklore" and "On Enforcement of Intellectual Property Rights and Fight against Piracy") and international legislation (UNESCO Convention "On the Protection of intangible cultural heritage").

The same Decree of the Cabinet of Ministers approved a sample Certificate of state registration of expressions of Azerbaijani folklore (traditional cultural expressions) and traditional knowledge of Azerbaijan.

Upon state registration of expressions of Azerbaijani folklore (traditional cultural expressions) and traditional knowledge of Azerbaijan, the Intellectual Property Agency issues a “Certificate of state registration of expressions of Azerbaijani folklore (traditional cultural expressions) and traditional knowledge of Azerbaijan”. The depositary of the Certificate is the Intellectual Property Agency.

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