Level of Unlicensed Software Lowered from 90 to 85%

The organization Business Software Alliance (BSA)  issued a recommendation for reducing the use of unlicensed software, including in Azerbaijan. The text is taken from the report «Special 301» (http://www.bsa.org/~/media/Files/Policy/Trade/BSA2015Special301.pdf) for the Office of the US Trade Representative (USTR), which determines the trade barriers and deficits for companies and US products in accordance with the intellectual property laws in other countries.

BSA encourages the Government of Azerbaijan to take steps to develop appropriate international standards of laws aimed at regulating intellectual property rights:

- The Criminal Code and the Code of Administrative Offences, to establish a formal official agency for the legalization of intellectual property issues, as well as increase penalties for violations of intellectual property rights to create effective barriers to the use of unlicensed software.

- The Civil Code, to create unilateral search services for the effective implementation of laws on intellectual property, aimed at business users.

- The Civil Code, the Law on Copyright and the law on the protection of intellectual property and anti-piracy, to recover damages to the victims.

The level of piracy in Azerbaijan declined over the year from 90 to 85%. This figure is unacceptable, so there is a need to strengthen measures relating to the protection of intellectual property and copyright. Recall that in the previous report published by BSA were also presented concrete recommendations for action in the development of laws that meet international standards and to regulate intellectual property rights.

According to the State Copyright Agency, in the framework of tightening measures to combat piracy there have been previously modified the Code of Administrative Offences and the Criminal Code. According to it, for the illegal sale and storage (for distribution of copyright and related rights) of audiovisual works, phonograms, computer programs and books natural persons will be fined in the amount of 50  AZN, officers - 100 AZN and legal entities - 150 AZN for each copy. Local law also provides for criminal liability, a fine of up to 7,000 manat and imprisonment for a term of two to four years. --17D-