Copyright Agency of the Republic of Azerbaijan (СARA) is a body of the central executive power which put into practise state policy in field of protection of copyright, related and other rights close to the intellectual property.
Copyright Agency of the Republic of Azerbaijan (СARA) is guided by the Constitution, laws of the Azerbaijan Republic, Decrees and Orders of the President of the Republic of Azerbaijan, Decisions and Orders of a Cabinet of the Ministers of the Republic of Azerbaijan, the obligations taken by the Republic of Azerbaijan on the international agreements in field of protection of copyright, related and other rights close to the intellectual property and it’s Rule.
The main duty of the Copyright Agency of the Republic of Azerbaijan (СARA), is a creation of favorable legal conditions for encouragement of activity of the creative people working in field of a science, literature and art, protection copyright, related and other rights close to the intellectual property and maintenance of state policy in field of the international cultural exchange.
1. According to the authorities with the corresponding Orders of the President of the Republic of Azerbaijan and on the basis of rulesof clauses of the Laws «On copyright and related rights», «About the legal protection of topographies of the integral circuits», «About the legal protection expressions of the Azerbaijan folklore», «About the legal protection expressions of the data bases» Copyright Agency of the Republic of Azerbaijan fulfils the following duties and functions:
• realization of state policy and managements in field of copyright and related rights;
• preparation of the offers on improvement of the legislation in filed of copyright and related rights;
• the control of fulfilment of the current legislation in field of copyright and related rights;
• representation of the Republic of Azerbaijan in the international organizations under the copyright and related rights and organization of cooperation in this field;
• conducting state registration of works of a science, culture and art;
• conducting state registration of topographies of the integral circuits;
• registration of organizations, past state registration on management of the property rights on a collective basis and control of their activity;
• realization of state policy and managements in field of a legal protection of topography of the integral circuits;
• preparation of the offers on improvement of the legislation in field of a legal protectionof topography of the integral circuits and representation them in the appropriate body for consideration when due hereunder;
• representation of the Republic of Azerbaijan in the international organizations on a legal protectionof the integral circuits of topographies and organization of cooperation in this field;
• carrying out the state registration of the integral circuits, contracts on transfer or concession of the property rights on topography;
• realization of state policy and managements in field of a legal protectionof folklore expressions;
• preparation of the offers on improvement of the legislation in field of a legal protection of folklore expressions;
• representation of the Republic of Azerbaijan in the international organizations on a legal protectionof folklore expressions and organization of cooperation in this field;
• representation and protection of interests of the state in case of infringement of the rules, established by the legislation, on use of folklore expressions, and also performance of other works stipulated by the legislation;
- preparation of the offers on improvement of the legislation in field of a legal protection of data bases;
- preparation of the offers on improvement of the legislation in field of a legal protection of data bases and representation them in the appropriate body for consideration when due hereunder;
- carrying out the state registration of the data bases, contracts on transfer or concession of the property rights on data bases
-representation of the Republic of Azerbaijan in the international organizations on a legal protection of data bases and organization of the cooperation in this field;
2. For exetution of object in views the Agency carries out the following:
• maintenance of protection copyright and related rights in territory of Republic according to the current legislation of the Republic of Azerbaijan;
• maintenance of management copyright and related rights on a collective basis according to the current legislation;
• creation of information banks connected to the intellectual property;
• rendering of assistance to preparation of the qualified staff in field of copyright and related rights, participation in preparation of the manuals for High Schools.
• the Agency with this purpose organizes work on protection copyright both related rights and other rights close to the intellectual property;
• accepts necessary measures on suppression of infringements copyright both related rights, and other rights close to the intellectual property;
• represents the authors (their successors) at the conclusion of the bilateral contracts (and also with the foreign legal and physical persons) on use of products of a science, literature and art;
• represents itself as the intermediary at the conclusion of the contracts on use of products of the foreign authors in territory of the Azerbaijan Republic;
• organizes work on transfer of the fee to the authors or other legal owners for use of products of the Azerbaijan authors in territory of the foreign states and foreign authors in territory of the Azerbaijan Republic on the basis of the contracts, which are made by Agency or at its participation;
• provides the tax and transfer of the fee to the authors (their successors) for use without the contracts of products of the Azerbaijan and foreign authors in territory of the Republic of Azerbaijan;
• provides the tax and transfer of the fee to the authors (their successors) for use of a video, cinema and television movies, and also for duplicating gramophone plates, audio and videocartridges, laser disks and other material carriers;
• collects and transfers the author's fee for use without the contracts of products of the authors of the Republic of Azerbaijan abroad by means of the appropriate foreign bodies on the basis of the international agreements;
• systematizes the information connected to the intellectual property; creates information bank; publishes the collections of the newsletters, directories and normative of the acts;
3. Copyright Agency of the Republic of Azerbaijan has following powers:
• preparation of the offers under the projects of the laws and other acts in field of the intellectual property and representation in the established form for consideration in the appropriate bodies;
• on behalf of a Cabinet of the Ministers to act from its name with the official applications connected with protection of the copyright and related rights and other rights close to the intellectual property;
• within the framework of the powers, summer residence to the appropriate organizations and departments obligatory for execution of the decisions, rules and explanations;
• with the purpose of reception of the information necessary for execution of duties of an included in framework of its activity to address in the ministries, department and organization;
• in the control order will carry out monitoring behind execution of the governmental decisions in field copyright and related rights, prepares the certificates about results of survey and represents them in appropriate by bodies;
• with the purpose of protection copyright and related rights to require stay of actions of infringement, breaking or creating danger, of the copyright and related rights;
• to require granting for survey of the necessary documents at objects - users for execution of the purposes and duties established in its Rules;
• in the order, established by the legislation, to take if necessary copies of material carriers with the purpose of examination of their lawful release in a civil revolution;
• at revealing infringements copyright both related rights and other rights close to the intellectual property to require before elimination of infringements at the organization - user suspension of distribution (sale, hire etc.) illegal copies;
• to require of the chiefs of organizations using objects copyright both related rights and other rights of granting, close to the intellectual property, of the official information about measures conducted with the purpose of elimination revealed the right infringements at monitoring their activity;
• to make the appropriate certificates about infringements copyright and related rights and to give the assignments to the user, which execution is necessary;
• in stipulated by the legislation and normative documents cases to lift the claims in courts with the purpose of application of the economic sanctions;
• to carry out other measures stipulated in the legislation for elimination of lacks and offences in field copyright and the related rights and other rights close to intellectual property;
• messages of business connected with the decision of disagreements between organizations by the managing property rights of the authors and owners of the related rights on a collective basis and authors (their successors);
• to give the licenses to organizations - users for use of products in the appropriate purposes, on the basis of the agreement with the users to define the size and corrected of distribution of the fee, to collect and to deliver on purpose(assignment) the fee, determined in the given sanctions, annulling of the license at infringements of the requirements of the current legislation;
• to be engaged in information, advertising and printed activity in Azerbaijan and for foreign the countries to establish mass media;
Copyright Agency of the Republic of Azerbaijan in case of submission of the statement of claim for protection of the rights of the intellectual property according to the current legislation is released from payment of a State Tax.
4. The structure of Copyright Agency of the Republic of Azerbaijan consists of administration and four departments. The activity of Agency is supervised by the chairman and personally bears responsibility for performance of businesses connected with its purposes and duties.
The activity of Agency is financed at the expense of the state budget.
