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.