STATUTE ON PATENT ATTORNEYS
was approved by the Decision No .21 of the Cabinet of Ministers of the Republic of Azerbaijan of February 15, 2000.
1. General provisions
1.1. This Statute shall regulate relations on the professional activity of patent attorneys in the territory of the Republic of Azerbaijan.
1.2. The activities of patent attorneys shall be regulated by laws of the Republic of Azerbaijan and this Statute.
1.3. The citizen of Republic of Azerbaijan permanently residing in the territory of the Republic of Azerbaijan, knowing official (state) language of the Republic of Azerbaijan, with higher education, registered in the State register of patent attorneys shall be able to be a patent attorney.
1.4. Patent attorney shall not be a patent owner and an author of an industrial property object.
1.5. Patent attorney shall consider in its activity the Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, other legislative acts of the Republic of Azerbaijan, the Decrees of the President of the Republic of Azerbaijan, decisions of the Cabinet of Ministers, this Statute and international agreements to which the Republic of Azerbaijan is a party.
2. Mutual relations between patent attorney and authorizer.
2.1. The relationship between patent attorney and legal and physical entities of the Republic of Azerbaijan and foreign countries, applicants, owners of industrial property objects (hereinafter - authorizer) shall be regulated on the basis of contract. The authority of patent attorney shall be confirmed by "Power of Attorney" issued to him by the authorizer. Patent attorney shall have competences only within the framework of industrial property objects shown in "Power of Attorney".
2.2. If the authorizer shall not fulfill his/her obligations or put forward requirements against legislative acts in force of the Republic of Azerbaijan, the professional ethics of patent attorney, patent attorney can refuse to comply with the instructions received from him under the contract. The disputes between authorizer and patent attorney shall be considered at the Board of Appeal of the State Committee for Standardization, Metrology and Patent (hereinafter - Committee). The parties can apply to the court, if they are not satisfied with the decision of the Board of Appeal.
2.3. Patent attorney by carrying out tasks under the contract shall keep confidential the information obtained from the authorizer.
3. Activity of patent attorney
3.1. Patent attorney:
-according to the instruction of authorizer shall perform the works related to the compilation of application on industrial property objects, its submission, obtaining special protection document, keeping I in force and other works of legal importance;
-shall represent authorizer in the issues of implementation of rights on industrial property objects, as well as, issuing of rights, conclusion of licensing contracts;
- shall represent authorizer as a plaintiff or defendant at the Committee and its subordinate organizations, courts and other bodies within his/her competence;
- shall provide advice to the authorizer in the field of industrial property protection.
4. Right of patent attorney
4.1. Patent attorney shall have the following rights:
- to receive payment for service rendered to the authorizer;
- to request the documents from offices and organizations, submit this documents or their copies to the authority within the framework of fulfillment of the rights given to him/her on his/her behalf to the by the implementation of attorney work;
- to establish a patent enterprise according to certain rule or conduct a professional activity not being a legal person;
5. Requirements for qualification degree of patent attorney
5.1. The following persons can be certified as a patent attorney:
- the persons completed a special training course in the field of industrial property protection or the persons having at least two years of work experience in this field, the lawyers having at least two years of work experience in the field of application and training of law.
-the persons certified as a patent attorney shall have necessary knowledge on the legislation and normative acts of Republic of Azerbaijan, international agreements in the field of protection of rights to the industrial property objects within the amount prescribed by the Committee.
6. Certification and registration of patent attorney.
6.1. The physical person wishing to get the status of a patent attorney in order to pass certification shall submit an application to the Committee. The copy of the diploma of higher education, reference letter of permanent residence in the territory of the Republic of Azerbaijan, the document on a special course, the reference letter on 2 two years of work experience according to paragraph 2 of the Article 5 of this Statute and the document proving a payment determined for the certification of a patent attorney shall be attached to the application. If the person wishing to get the status of a patent attorney wants to perform a limited activity in the field of any or several industrial property objects (invention, utility model, industrial design, trademark, geographical indication and etc.) shall specify this will in the application.
6.2. The physical person submitting documents according to the specified requirements shall be notified on the date of certification and he/she shall be certified in front of certification commission .The content and rules of procedure of the Certification Commission shall be determined by the Committee. The person failing to submit any of the required documents shall not be allowed to the certification.
6.3. The certification commission while certifying a patent attorney candidate shall take into account the application for "limited activity" in the field of industrial property objects chosen by him/her.
6.4. The certified physical person, according to the decision of certification commission shall be registered in the State register as a patent attorney during a month from the date of the decision and shall receive a certificate after the specified payment.
6.5. The form of certificate for patent attorneys shall be determined by the Committee.
6.6. Patent attorney shall acquire the right to operate from the date of registration in the State register and this information shall be published in the official bulletin. Patent attorney shall be re-certified if the requirements for patent attorney are not fulfilled by patent attorney and protests and complaints on the contradictions in this field are received by the Board of Appeal.
6.7. The protests and complaints received by the Board of Appeal shall be considered in accordance with the legislation in force in the Republic of Azerbaijan. The decision of the Board of Appeal can be appealed to the court in accordance with the legislation in force.
7. Responsibility of patent attorney
7.1. Patent attorney shall be responsible according to the legislation in force of the Republic of Azerbaijan for the violation of contract terms while fulfilling the contract concluded with authorizer.
7.2. Any legal or physical person can make a complaint to the Board of Appeal if patent attorney fails to fulfill his/her professional duties properly, The Board of Appeal shall notify patent attorney on receipt of such a complaint.
7.3. The complaints received by the Board of Appeal shall be considered within two months. The Committee shall take measures in accordance with this Statute depending on the conclusions of the Board of Appeal.
7.4. The following measures shall be taken against patent attorney violating the requirements to patent attorney:
- shall be notified;
- shall be re-certified, shall be withdrawn from the register if the results of certification is not satisfactory.
8. Basis for withdrawal from State registry of patent attorney
8.1. Patent attorney shall be withdrawn from the State registry of patent attorneys on the following bases:
- on the basis of application of patent attorney;
-termination of the citizenship of Republic of Azerbaijan of patent attorney or change of permanent residence in the territory of the Republic of Azerbaijan;
-in the cases when serious violation of the contract terms with authorizer is approved by the Board of Appeal (if justified complaint is submitted by authorizer);
-in the cases when it is confirmed that patent attorney intentionally submitted documents and information which content does not correspond to reality or their amendment;
-in the cases when the legislation in force of the Republic of Azerbaijan is violated during carrying out clerical works in the field of industrial property protection;
-if the results of re-certification are not satisfactory;
-death of patent attorney.
9. Final provisions
9.1. In the case of failure to fulfill the tasks assigned by attorney's contract, patent attorney can give to another patent attorney the execution of the work specified in the contract according to civil code of the Republic of Azerbaijan.
Patent attorney shall refuse the execution of tasks received from the new authorizer if the tasks assigned by the new authorizer to patent attorney affect the interests of the authorizer who applied earlier. Patent attorney who took out tasks from him/her shall send a notice about this to authorizer.
9.2. After the entry into force of the decision on the withdrawal of patent attorney from the State register the information about this shall be published in the official bulletin.
9.3. Patent attorney shall inform the Committee in the case of change of his place of residence for making relevant records in the State register.
CABINET OF MINISTERS OF THE REPUBLIC OF AZERBAIJAN
Baku, February 15, 2000
On approval of the Statute on patent attorneys
The Cabinet of Ministers of the Republic of Azerbaijan SHALL DECIDE to ensure the implementation of the Decree No. 755 of the President of the Republic of Azerbaijan of August 19, 1998 "On the application of the Law of the Republic of Azerbaijan "On Patent":
1. "Statute on patent attorneys" (is added) shall be approved.
2. This decision shall enter into force upon signature.
Prime Minister of the Republic of Azerbaijan