Traditional Knowledge Laws: Azerbaijan

Subject Matter of Protection

Article 1 -  Main Definitions

Azerbaijan folklore expressions (hereinafter referred to as "folklore expressions") – shall mean word art works, folk music, games and dances, works of folk handicraft and applied arts (existing and not existing in a material form) created in a verbal form as well as other products of folk creative work created and protected by Azerbaijani people, its individuals and reflecting traditional artistic values, world view, hopes and wishes, characteristic features of artistic heritage of Azerbaijani people;

Article 2 - Protected folklore expressions

2.1.1 Folklore expressions protected by this Law are the following works consisting of products of folk creative work, artistic folk handicraft and applied arts:

2.1.2 Labor, ceremony and children's folklore works, myths, fables, stories, tales, legends, anecdotes, folk-dramas, proverbs, sayings, riddles, works of folk and ashug poetry, bayati and other verbal arts works related to the artistic verbal creative work;

2.1.3 Folk songs and dance melodies, ashug melodies, mugam-dastgahs, zarbi- mugams, tasnif, rangs related to folk-professional music and other works of folk music;
2.1.4 Folk dances, yalli, games, ceremony and holidays and other active works;

2.1.5 Works of tangible applied arts and folk handicraft, including graphic art-pictures, drawings, succession of images, shade drawings, smithery and engraving works, sculpture, ceramics, earthenware, mosaic, metal wares, copper and bronze articles, works of silkworm breeding, carpet-weaving, copper-smithery, jeweler's art, leather, embroidery, basketry, folklore expressions such as carpets, decorative patterns, clothes and ornaments, tracery, musical instruments, wood-turning, architecture works and other works of this kind.

Scope of Protection

Article 1 - Main Definitions:

1.0.7 Untraditional and uncommon use of folklore expressions -
Use of folklore expressions with changing its natural essence, content or purpose, destination and artistic form;

1.0.8 Commercial Use of folklore expressions -
Publication, making copy, dissemination of the copies, public declamation and performance, cable or ether broadcast as well as use in any mass notification form in order to deliver to public of folklore expressions with the purpose of profit earning.

Article 6 - The requirements for use of expressions of folklore

6.2 During untraditional and uncommon commercial use of folklore expressions the purpose, destination and artistic form of folklore expressions can be changed without damaging their natural essence and content in the form of publication in any form, making of copies, dissemination of copies, public declamation or performance, broadcast by ether or cable means as well as in any other mass notification form with the purpose of presentation to public.

Article 8 - Indication of the source while using folklore expressions

8.1 The source as well as place-name of place of origin of the folklore expressions in use and (or) name of the nation to which it belongs shall be precisely indicated in every published work, and in cases of public performance and notification of folklore expressions.

Exceptions and Limitations

Article 1 - Main Definitions

1.0.5 Traditional use of folklore expressions -
Use of folklore expressions preserving its natural essence, features of content and form and based on the long-term experience of society;

1.0.6 Common use of folklore expressions -
Use of folklore expressions in accordance with daily necessities and needs of society.

Article6 - The requirements for use of expressions of folklore

6.1 The forms of traditional and common as well as commercial use of folklore expressions in the territory of the Republic of Azerbaijan shall be free.

Article 7 - Exceptions on use of expressions of folklore

7.1 Use of expressions of folklore are not accepted as the non-conventional and unusual form in the below-mentioned purposes:

7.1.1 Use of expressions of folklore for creation original author s (-s') product (s);
7.1.2. Use of expressions of folklore in original author s (-s') product in purposeful volume of performance in the illustrative form.

7.2. The below-mentioned casual forms of use of expressions of folklore are considered non- conventional and unusual:

7.2.1. Use of expressions of national creativity which is possible to see and to hear, in any daily case for granting the information with the help of a photo, announcement, sound recording, under condition of use of such kind in volume necessary for the purpose to the information.
7.2.2 Use of the image of objects containing expression of folklore constantly located in places open for free visiting, switching them in a photo, film or television transfer.

Article 8 - Indication of the source while using folklore expressions

8.2 While using folklore expressions in cases set forth in Article 7 of this Law the requirements of Article 8.1 shall not be applied.