From 8 October 2012 the new law On Securing Intellectual Property Rights and Combating Piracy came into effect in the Republic of Azerbaijan. The new law is designed to improve the legal protection of IP owners' rights and keep it in line with international practice.
The new law introduces the following key features:
- a clear distinction between the legal notions of counterfeit and pirated goods, where pirated goods are defined as copies of audiovisual works, phonograms, computer programs, information collections and books manufactured (produced) or distributed without the consent of the right owner;
- methods for assessment of the right owner's losses caused by infringers;
- the right owner's right to information, which is aimed at facilitating the calculation of incurred damages;
- openness of court decisions, which will be published on a special website and may be distributed at the expense of infringers;
- provisional measures that may be adopted by courts to secure a civil claim and that are aimed at prevention of the manufacture and distribution of infringing goods and protection of evidence.
Although the new law appears to be an advanced piece of intellectual property legislation it remains to be seen whether it is sufficient to protect the economic interests of right owners in practice.