Comparative Analysis of the 1883 Paris Convention and Azerbaijani Legislation in Respect With Industrial Property

7 Baku St. U. L.Rev. 168 (2021)
Article language: Azerbaijani.

Abstract 

In recent years, the role of industrial property in the development of the economy has also increased significantly in Azerbaijan, as in all countries of the world. In modern times, the objects of industrial property play an important role in the development of the state and society. This highlights the need to pay special attention to the issue of ensuring industrial property rights. There are a number of problems in the legislation of the Republic of Azerbaijan related to industrial property, in particular, its legal protection. The article presents the existing problems in the legislation on the background of the basic differences between the Paris Convention and the national legislation. The article comparatively analyzes the Paris Convention, one of the first international documents adopted in the field of industrial property, and a set of normative legal acts adopted in the Republic of Azerbaijan, in the context of classification of industrial property objects, granting the rights to use them, the definition of “goodwill”, protection of industrial property and also current situation and some legal gaps in our legislation are mentioned. The article also discusses the definition of “goodwill” and its importance which is new for the legal system of the Republic of Azerbaijan. In the end, the article shows the latest situation and problems of legislation on these issues and give suggestions in order to change the current situation.

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