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Order of the President of the Republic of Azerbaijan on measures to improve management in the field of consumer market surveillance, standardization, metrology and protection of intellectual property rights

April 20, 2018, 18:50

Taking into account Article 109, paragraph 7, of the Constitution of the Republic of Azerbaijan, in order to improve management in the field of consumer market surveillance, standardization, metrology and protection of intellectual property rights, I hereby decree:

  1. Establish the State Agency for the Control of Antimonopoly and Consumption Market of the Republic of Azerbaijan (hereinafter referred to as the State Agency), the central executive body based on the State Service for Antimonopoly Policy and Consumer Rights Protection under the Ministry of Economy of the Republic of Azerbaijan.
  2. Establishment of the Intellectual Property Agency of the Republic of Azerbaijan (hereinafter - the Intellectual Property Agency) through the reorganization of the Copyright Agency of the Republic of Azerbaijan and the Patent and Trademark Center.
  3. To abolish the State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan.
  4. In accordance with Part 3 of this Decree, the Committee abolished the authority of the Committee in the field of technical regulation, standardization, metrology, conformity assessment, accreditation and quality management to the State Agency, and to the Intellectual Property Agency in the field of protection of industrial property.
  5. State Agency of the Republic of Azerbaijan to exercise powers of founders of legal entities "Azerbaijan Metrology Institute", "Azerbaijan Institute of Standardization" and "Azerbaijan Accreditation Center".
  6. Implementation of the founder's authority in the Intellectual Property Agency shall be entrusted to:

6.1. To the President of the Republic of Azerbaijan:

6.1.1. Approval of the Charter of the Intellectual Property Agency, determination of the amount of the charter capital;

6.1.2. the establishment of an executive body, early termination of its powers and powers;

6.1.3. Reorganization and liquidation of the Intellectual Property Agency;

6.2. To the Cabinet of Ministers of the Azerbaijan Republic:

6.2.1. approval of the structure, number of employees and annual financial statements;

6.2.2. granting consent for the establishment or participation of economic societies, the creation of branches, offices and representations;

6.2.3. consent to the conclusion of an agreement (transaction value) of more than 25 percent of its net assets and the related party's cost, which constitutes 5 percent and more of the assets of the legal entity;

6.3. Intellectual Property Agency:

6.3.1. defining development directions.

  1. The Copyright Agency of the Republic of Azerbaijan and the Patent and Trademark Center shall continue their activity until the day on which the Intellectual Property Agency is registered in accordance with the Law of the Republic of Azerbaijan "On State Registration and State Register of Legal Entities".
  2. The Cabinet of Ministers of the Republic of Azerbaijan:

8.1. Submit to the President of the Republic of Azerbaijan within two months the draft Statute of the State Agency, the structure and the number of employees;

8.2. To prepare the draft of the Charter of the Intellectual Property Agency within two months and submit it to the President of the Republic of Azerbaijan;

8.3. To present proposals of the President of the Republic of Azerbaijan on bringing this Decree to the President of the Republic of Azerbaijan within two months;

8.4. Inform the President of the Republic of Azerbaijan within three months of bringing the normative legal acts of the Cabinet of Ministers of the Republic of Azerbaijan into compliance with this Order;

8.5. Within one month, to ensure that the property of the State Committee on Standardization, Metrology and Patents of the Republic of Azerbaijan is transferred to the balance of the State Agency and the Intellectual Property Agency (after the day of its state registration) taking into account Part 4 of this Order;

8.6. The Intellectual Property Agency of the Republic of Azerbaijan on the balance of the Copyright Agency and the Patent and Trademark Center, within one month from the date of its registration, to ensure the transfer of the Intellectual Property Agency to its balance;

8.7. keep control over compliance of normative-legal acts of the central executive power bodies to this Order and inform the President of the Republic of Azerbaijan within five months;

8.8. to resolve other issues arising from this Order.

  1. The Ministry of Justice of the Republic of Azerbaijan shall provide information to the Cabinet of Ministers of the Republic of Azerbaijan for ensuring compliance of normative legal acts and normative acts of central executive authorities to this Order.

 

Ilham Aliyev

President of the Republic of Azerbaijan

Baku, April 20, 2018.

www.president.az

Official web-site of the President of Azerbaijan