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2018 Law Rev. Kyiv U.L. 220 (2018)
The History of Intellectual Property Rights Regulation in Azerbaijan

handle is hein.journals/lrkyivu2018 and id is 1280 raw text is: Opo6nemil npana iHTeneKTyanbHOI BnaCHOCTi YK 347.77 A.T. SAFAROV Azer Tofig Safarov, PhD in Law, Lecturer of Baku State University THE HISTORY OF INTELLECTUAL PROPERTY RIGHTS REGULATION IN AZERBAIJAN In terms of relations with the state, rights and freedoms are divided into two categories: human rights and civil rights. Human rights are the right to be born as human beings regardless of their political affiliation with the state. In this sense, rights are universal and belong to any individual, irrespective of other factors. Human rights are avail- able not depending on their state regardless of their legal status. Civil rights are formed on the basis of political and legal relations with the state, recognition by the state, and legislation. Right to intellectual property, freedom of labor is a group of rights and freedoms, regardless of citizenship. Natural rights belong to individuals regardless of time and place. In the 17th century, the British philosopher John Locke suggested that intellectual property should be regarded as the natural right of humans, not as a law'. Intellectual property rights include rights to works, performances, phonograms, broadcasting organizations' applications, integrated circuits topologies, data collections, folklore samples, inventions, useful models, industrial designs, trademarks and geographical indications, which are the object of copyright2. Intellectual property rights are exclusive rights granted to their authors and right holders for the purpose of protecting the results of their mental activity. Intellectual property rights do not allow other persons to use the product of creative activity without the consent of the holder of intellectual property3. In the modem world, those conditioning the development of intellec- tual property are the knowledge and skills and the level of human capital and intelligence. This is explained by the fact that intellectual property is a phenomenon derived from existing knowledge and resulting in new knowledge4. The modem activity context of intellectual property, its place in the economy and in the society creates the necessity of changing our thinking style and mentality about the role and place of intellectual property. On the other hand, in a modem globalizing environment, there is a necessity for the development of society and improvement of existing standards in the regulation of existing social relations, which requires a new approach to intellectual property rights. In modem times, the main objective of the intellectual property institute is to stimulate the development of the national economy5. In the 21st century, which is period of innovation and knowledge-based economy, intellectual property rights are increasingly of economic importance. The share of the copyrighted industry in GDP is only 7-8 percent in developed countries. One of the typical features of globalization is the positive impact of the advent of new technologies and innovations. As WIPO Director-General F. Carrey noted, in the future, international architecture and form of intellectual property will become more and more inadequate by technology and its inevitable management6. Azerbaijan is a country with ancient and rich culture. There are rich traditions related to the preservation and promotion of spiritual culture traditions, intellectual property, creative achievements. The intellect, the most impor- tant wealth of the nation, is always based on creativity as its source. Creative, scientific, literary and artistic works have played a pivotal role in promoting human culture throughout history, and their preservation has led to cultural reproduction. From this point of view, it is necessary to note the centuries-old traditions of the Azerbaijani people. As you know, Gutenberg's discovery of the printing method is the beginning of the formation of modem copyright. Creation of rights to the results of intellectual activity has been shaped in the XV century, with the development of society and technical progress, on the one hand, the economic significance of the consequences of the activity of the radicalism, on the other, the simplification of copying of works of art and technology7. At that time, the books were published in a large scale in the Republic of Venice. Thanks to the active foreign relations of the countries of Ak Koyunlu and Safavid states with the Western European countries, especially the Republic of Venice, the work of the Azerbaijani author was published in 1594 in Rome in the Medichi printing house. This book was Tahriri-Oqilidis, which was written in 1248 by the great Azerbaijani scientist Nasreddin Tusi and was the best textbook on geometry and algebra in Asian and Eastern countries in the XIX century and in the case of manuscripts since 1248. This work was later re-published in 1598 in Medichi printing-house, then translated into Latin and re-published in 1657 in Lon- don. This book was used as a textbook in European schools until our time. From the XVII century, in the Safavid era, which has been actively promoting book publishing, copyright in Azerbaijan was adopted in modem terms and its regulation was carried out under ordinary law. In the Safavid State, the book was first published in the Azerbaijani language in the 18th century, and then by the lithography method in Tabriz, and the first book published in Azerbai- jani was Leyli and Majnun work by M. Fuzuli9. Apparently, the history of copyright and book publishing in Azer- baijan is about five centuries. Professor Kamran Imanov notes that these organic relationships from the creator, author to manuscript, book, from manuscript, and book to the copyright demonstrate the importance of copyright in creativity'O. Creativity products have put into action the human culture. Legislative acts protecting the rights of creative individuals have also emerged as a necessary condition for the preservation of national heritage. @ A.T. Safarov, 2018 220

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