Geographical Indications Law in Azerbaijan
Geographical Indications Law in Azerbaijan
Geographical Indications (GIs) in Azerbaijan are governed by national legislation, aligned with international standards and supported by Azerbaijan's membership in WIPO and the World Trade Organization (WTO).
1. Legal Framework
a. Law of the Republic of Azerbaijan on Geographical Indications (2018)
This is the main legislation regulating GIs in Azerbaijan.
Key Features:
Defines Geographical Indication (GI) and Appellation of Origin (AO).
Provides procedures for registration, protection, and enforcement.
Allows both natural and legal persons to apply for registration.
Requires:
Proof that the product originates from the geographical area.
That its quality, reputation, or characteristics are essentially attributable to that area.
2. Responsible Authority
Center for Intellectual Property Rights Expertise under the Intellectual Property Agency of Azerbaijan Republic (AIPA)
Reviews and registers GI applications.
Maintains the State Register of Geographical Indications.
Coordinates with relevant ministries (e.g., agriculture, culture).
3. Protection Mechanism
Term of Protection: GIs are protected indefinitely, as long as the characteristics and link to the geographic area remain valid.
GI rights holders can take legal action against unauthorized use or imitation.
Protection includes:
Preventing misuse or misleading use.
Prohibiting genericization of registered GIs.
4. International Agreements
Azerbaijan is a member of:
World Trade Organization (WTO): Obligated to comply with the TRIPS Agreement, which sets minimum standards for GI protection.
WIPO’s Lisbon Agreement (Geneva Act): Azerbaijan acceded in 2021, which allows international protection of appellations of origin and GIs across member countries.
5. Examples of Azerbaijani GIs
"Naftalan" (medicinal oil)
"Sheki halva" (traditional pastry)
"Azerbaijan pomegranate"
"Ganja apple"
"Lankaran tea"
These reflect Azerbaijan’s rich agricultural and artisanal heritage.
6. Enforcement and Penalties
Violations of GI rights may result in:
Fines
Product seizures
Suspension of infringing activities
Administrative or civil remedies through courts or the AIPA
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