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Patent/Appeal Council
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The Council of Appeal of the State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan (hereinafter referred to as “the Council of Appeal”) is the permanent council which is dealing with the disputes in the field of industrial property protection.

The Council of Appeal shall be guided in its activity by the legislation in force of the Republic of Azerbaijan, international agreements to which the Republic of Azerbaijan is a party in the field of industrial property protection and its own Statute.

The protest (application) on disputes, violation of legal relations in the sphere of protection of industrial property, a document confirming a payment of state fee and representative's power of attorney and the evidences about the protest (if necessary) shall be submitted to the Council of Appeal.

The Council of Appeal shall deal with the following issues within its authority:

a)     protests against the decision to refuse granting a patent to the inventions, utility models and industrial designs;

b)    protests against the published claims on inventions, utility models and industrial designs;

c)     protests related to the granted patent;

d)    arising disputes related to the invalidation of patent according to the  Article 37 of the "Patent Law";

e)     arising disputes related to the priority;

f)      protests against the decision to refuse the claims on the trademarks, geographical indications granted during the initial examination;

g)     protests against the decision to refuse the claims on the trademarks, geographical indications adopted by the examination;

h)     protests against the fact of the registration of the trademarks, geographical indications;

i)       protests against the trademarks which are registered in violation of the relevant and other basics;

j)       protests against the termination of registration in case of not using the  trademark without interruption within 5 years from the date of registration;

k)    protests against the attestation, registration and activity of the patent attorney.

The application about the wide range recognition of the trademark is belong to one trademark and document confirming the payment of state fee shall be submitted to the Council of Appeal.

The decision of the Council of Appeal can be appealed at the court within 3 months from the date of receipt.

About the payment of the state fee to the Council of  Appeal

18.11. Filing a protest to the Council of  Appeal:

18.11.1 against the decision to refuse granting a patent to invention, utility model and industrial design - 10 AZN;

18.11.2 against the published application on invention, utility model and industrial design - 6 AZN;

18.11.3 against granting a patent to invention, utility model and industrial design - 40 AZN.

18.12 Regeneration of the missed periods:

18.12.1 objection to the Council of Appeal by the claimant on refusal to grant a patent - 20 AZN

18.12.2. respond of the claimant to the Council of Appeal on the protest against the published claim - 25 AZN

18.33. objection to the Council of Appeal related to the regeneration of the missed periods, in the case of non-satisfaction with the decision on examination of the application - 20 AZN

18.34. Filing an objection to the Council of  Appeal:

18.34.1. against the decision to refuse preliminary examination of the claim on trademark -20 AZN

18.34.2. against the decision to refuse preliminary examination of the claim on geographical indication - 20 AZN

18.34.3 against the decision on examination of the claim on trademark - 60 AZN

18.34.4 against the decision on examination of the claim on geographical indication -35 AZN

18.34.5. against the registered trademark - 80 AZN

18.34.6. against the registered geographical indication - 45 AZN

18.35.For registration, publication and issuing certificate:

18.35.1. for trademark - 45 AZN

18.35.2. for geographical indication - 30 AZN

 18.35.3. for collective mark – 60 AZN

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16.07.2014

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