BAKU, Azerbaijan, October 12.
Copyright is protected in parallel with rights regarding industrial
property objects, Chairman of the Board of the Intellectual
Property Agency of Azerbaijan, Kamran Imanov, said at the Second
Meeting of Heads of Intellectual Property Agencies of the
Organization of Turkic States (OTS) Member States in Baku today,
Trend's
correspondent reports from the event.


“The copyright holder must declare that he/she doesn’t object to
reproduction in the form in which the patent application or the
description of the invention is entered into the Patent Register,
and in this case, he/she retains his/her copyright,” he
explained.


He noted that the registration of industrial property objects,
including the preliminary examination and the substantive
examination, is based on the overall results of the examination
process.


"A key feature of the examination is the application of
principles involving juxtaposition and comparison. At the same
time, in countries where the voluntary registration of copyright
and related rights objects is practiced, such registration serves a
confirmatory function; this is because these objects are protected
by law provided they meet the requirement of being expressed in an
objective form, in addition to being the result of creative
activity.


To a certain extent, the practice of making a decision on the
protection of an industrial property object based solely on a
preliminary examination resembles the registration process for
copyright objects. This approach is implemented in a number of
countries," he pointed out.


According to Imanov, the situation becomes even more complex
when the issue arises regarding the possibility of simultaneous or
parallel legal protection for an object under both copyright and
industrial property rights.







"Indeed, while parallel legal protection was previously not
accepted in a changing world, a stance justified by the requirement
that the applicant choose the specific legal status under which to
protect their intellectual property, there is now a noticeable
trend toward parallel legal protection across different legal
regimes. For instance, the U.S. Patent Office notes in its
guidelines for the examination of patent applications that, in
cases where copyright and patent rights overlap, a design patent
may also be protected by copyright; to this end, the applicant is
required to include a copyright notice, indicated by the symbol, in
the application," the chairman added.


The second meeting of heads of intellectual property offices of
member states of the OTS is being held in Baku, organized by the
Intellectual Property Agency of the Republic of Azerbaijan.


Holding the second meeting in Azerbaijan during the country's
chairmanship of the OTS is expected to contribute to the
development of cooperation within the organization. It is also
important for promoting Azerbaijan's initiatives in intellectual
property, strengthening institutional ties with member states and
demonstrating the country's active role within the
organization.


Participants include OTS Deputy Secretary-General Merey
Mukazhan; Chair of the Intellectual Property Rights Committee of
Kazakhstan's Ministry of Justice Sholpan Abdreyeva; Kyrgyzstan's
Ambassador Extraordinary and Plenipotentiary to Azerbaijan Maksat
Mamytkanov; Head of the Turkish Patent and Trademark Office
(TÜRKPATENT) Muhammed Zeki Durak; and Deputy Minister of Justice of
Uzbekistan and Head of the Intellectual Property Department Muzraf
Ikramov.