BAKU, Azerbaijan, October 22. "Model Regulation
on Technology Parks" has been amended in Azerbaijan.
President of the Republic of Azerbaijan Ilham Aliyev has signed
the relevant decree. The text of the document has been published on
the official website of the President of Azerbaijan.
Thus, a "non-resident of a technopark" will be considered a
legal entity or an individual conducting business activities
without forming a legal entity that carries out entrepreneurial
activities (such as providing goods, works, or services to the
technopark's residents) within the technopark's territory, based on
an agreement for the lease of technopark infrastructure concluded
with the managing organization (or with the operator, in the case
of infrastructure facilities owned by the operator).
The definition of a "technopark resident" has also been amended.
In addition to legal entities or individuals conducting business
activities without forming a legal entity that have obtained a
technopark registration certificate in accordance with Azerbaijan's
Law "On Licenses and Permits" and the relevant regulation (whether
operating within or outside the technopark), the terms "freelancer"
and "digital nomad" have now been included. Unless otherwise
provided in the management agreement, upon the expiration of the
said agreement, infrastructure facilities owned by the operator may
be transferred to the ownership of the managing organization, based
on the mutual consent of the parties or the compensation terms
stipulated in the agreement, and in accordance with the handover
procedures defined therein, while taking into account the rights of
third parties and any encumbrances. Production facilities,
equipment, and installations established at the expense of a
technopark resident for the purpose of conducting scientific
research and experimental-design work are considered the property
of the mentioned resident.
Other concepts have also been defined:
Digital technology – technological solutions comprising a set of
software, devices, tools, telecommunication networks, and related
systems that facilitate the creation, collection, processing,
storage, transmission, and use of data in digital form, and that
serve to automate, optimize, and drive the innovative development
of economic, social, and management activities;
Artificial intelligence technology – an algorithmic system, or a
combination of such systems, that utilizes computational methods
involving statistics or other mathematical techniques to perform
functions requiring human intelligence (such as forecasting,
planning, classification, pattern recognition, organization and
perception, recognition of speech, sound, and images, generation of
text, sound, and images, language translation, communication,
learning, problem-solving, etc.); in doing so, it generates
outcomes, such as content, probabilities, recommendations, or
decisions that influence the environments with which it interacts,
within the framework of goals defined by humans, thereby assisting
in or potentially replacing human decision-making and other
processes;
Innovation product – a product (work or service) or
technological solution that is newly created or significantly
differs from previous ones (substantially improved) in terms of its
properties, field of application, and/or form of use; is aimed at
eliminating technological uncertainty; yields economic, social, or
environmental benefits; has been introduced to consumers (brought
to market) or applied in practice; or is certified by a document
confirming its registration as a patent (for an invention, utility
model, or industrial design) in accordance with regulatory legal
acts;
Cybersecurity – the protection of information infrastructure
against cyber threats, cyberattacks, and cyber incidents, and the
assurance of cyber resilience (the capacity to withstand cyber
incidents, maintain operations during such incidents, and
subsequently recover promptly);
Scientific research, design-exploration, and
experimental-development activities – activities aimed at resolving
existing scientific or technological uncertainties, acquiring new
knowledge, and creating new or significantly improved technologies,
software, products, services, or processes; such activities must
collectively meet the criteria of novelty, creativity, a systematic
approach, and reproducibility (transferability);
Cloud computing services – the provision of remote access, upon
a user's request and via the internet or other telecommunication
networks, to a shared pool of configurable computing resources
(such as networks, servers, and data storage systems), as well as
software, applications, and platforms (including models such as
infrastructure as a service, platform as a service, and software as
a service).
According to the decree, land plots within the technopark may be
leased by the managing organization to an operator for the purpose
of establishing infrastructure within the technopark. The
termination of the management agreement concluded between the
managing organization of a technopark and its operator constitutes
grounds for the cancellation of the lease agreement concluded with
the technopark operator.
Infrastructure leased to a resident or non-resident of a
technopark may not be subleased to third parties without the
written consent of the managing organization (operator), nor may it
be used for purposes other than those specified in the agreement
governing the conduct of activities within the technopark.
The Cabinet of Ministers must take the necessary measures within
three months to improve the "Regulation on the Expert Council of
the Technology Park" (approved by the Cabinet of Ministers'
decision dated May 15, 2015), inform the Head of State accordingly,
and address other matters arising from the decree.
Registration certificates for technology parks issued prior to
January 1, 2027, remain in effect. Such residents must bring their
operations into compliance with the requirements of the decree by
the end of the year.
