RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/TJK/10 
27 February 2004 
 
 (04-0861) 
Working Party on the Accession  
of the Republic of Tajikistan Original:   English 
 
 
 
ACCESSION OF TAJIKISTAN 
 
Implementation of the WTO Agreement  
on Trade-Related Aspects of Intellectual Property Rights (TRIPS)  
 
 The following information on the Implementation of the WTO Agreement on TRIPS is being circulated at the request of the Delegation of the Republic of Tajikistan.  
_______________ 
 
 
  
 WT/ACC/TJK/10 
Page 2 Implementation of the WTO Agreement on Trade-Relate d Aspects of Intellectual Property Rights (TRIPS)  
 
TRIPS Agreement 
General Obligations IP Agreements to which Tajikistan adheres 
 INDUSTRIAL PROPERTY 
 On 14 February 1994, Tajikistan deposited a declaration of continued application in Tajikistan of: 
 
− the Convention Establishing the World Intellectual Property Organization (WIPO), 
− the Paris Convention for the Protection of Industrial Property, 
− the Madrid Agreement Concerning the International Registration of Marks, 
− the Nice Agreement Concerning the International Classifica tion of Goods and Services for the Purposes of the 
Registration of Marks, 
−  the Locarno Agreement Establishing an International Classification for Industrial Designs, 
− the Patent Cooperation Treaty (PCT), 
− the Strasbourg Agreement Concerning th e International Patent Classification, 
− the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent 
Procedure and 
−  the Nairobi Treaty on the Protection of the Olympic Symbol.  
Compliance with Articles 1 through 12 and 
Article 19 of the Paris Convention for the 
Protection of Industrial Property in respect of 
Parts II, III, and IV of the TRIPS Agreement. TRIPS Article 2. The Republic of Tajikistan is a member of the Paris Union. 
CONSTITUTION OF TAJIKISTAN 
(adopted by the government of Tajikistan on 6 November 1994) 
 Article 10. 
The Constitution of Tajikistan has supreme legal authority and its  norms have direct application. Laws and other legal acts 
that run counter to the constitution are of  no legal validity. The state and all its bodies, officials, citi zens, and their ass ociations 
are duty bound to observe and implement the constitution and laws of the republic. International legal documents recognized 
by Tajikistan are a constituent part of the legal system of th e republic. If republican laws do not conform to the recognized 
international legal documents, the norms of the international documents apply. International laws and documents recognized 
by Tajikistan apply following official publication. 
 
Article 40.  Every person has the right freely to take part in the cultural life of society; artistic, scient ific, and technical creation; a nd to use 
their achievements. The state protects cultural and spiritual riches. Inte llectual property is protected by law.   
  WT/ACC/TJK/10
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Under Paris, Article 1(2), industrial property 
has as its object patents, utility models, 
industrial designs, trademarks, service marks, trade names, indications of source or 
appellations of origin, and the repression of 
unfair competition. CIVIL CODE 
OF THE REPUBLIC OF TAJIKISTAN 
(draft of Part III.)  
Article 1126. Objects of intellectual property right 
The objects of intellectual property right shall be: 1) the results of intellectual creative activity: 
- literary artistic and scientific works, including computer programs and data bases; 
- performances, phonograms, transmissions of broadcasting and cable distribution organization; - inventions, utility models and industrial designs; 
- selection achievements; 
- lay out designs of integrated circuits; - information constituting a trade secret; 
2)  means of individualization of the legal entities, products and implemented works or services:  
- trade names; - trademarks and service marks; 
- appellations of origin and indications of source; 
3) other results of intellectual activity and equated to them m eans of individualization, protect ed in accordance with the laws  
and international agr eements of the Republic of Tajikistan. 
 
Law of The Republic of Tajikistan on Inventions 
Article 4. Titles of protection 
The right in an invention shall be protected by the State and sh all be certified by a patent or petty patent (hereinafter “titl es of 
protection”). 
 
Law of The Republic of Tajikistan on Industrial Designs Article 6. Legal protection of an industrial design  
The right in an industrial design  shall be protected by the State and shall be certified by a patent. 
 Law of the Republic of Tajikistan on Trade And Service Marks 
Article 2. Legal protection of a trademark 
1. Legal protection of a trademark in the Republic of Tajikistan shall be effected on the basis of its registration in accordan ce 
with the procedure established by this Law or by virtue of  the international treaties of which Tajikistan is a member. 
2. The right in a trademark sha ll be protected by the State. 
3. A trademark may be registered in the name of a legal entity, as well as of a natural person engaged in entrepreneurship.  
Article 3. Certificate for a trademark 
1. A certificate shall be granted for a registered trademark. Draft Law of The Republic of Tajikistan on Geographical Indications  
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Page 4 TRIPS Agreement 
Article 2. Provision of legal protection to geographical indications 
1. Legal protection of the appellation of origin in the Republic of Tajikistan shall be provided on the basis of its registrati on 
before the National Center for Patents and Information under the Ministry of Economy and Trade of the Republic of Tajikistan (hereinafter “patent office”) in order established by this Law or by virtue of the international agreements of the 
Republic of Tajikistan. On the basis of registration a certific ate for the right to use an appellation of origin is granted. 
 CIVIL CODE 
OF THE REPUBLIC OF TAJIKISTAN 
Article 55. Name and location of a legal entity 1. A legal entity shall have its own name containi ng an indication of its organizational form. {….} 
2. {…} 
3. {…} 4. A legal entity which is a commercial organization must have a trade name. A legal entity a trade name of which is 
registered in a prescribed procedure shall have an exclusive right to use it. The procedure of registration and use of trade 
names shall be established by the legislation in accordance with  this Code. A person illegally using a trade name, on demand 
of the owner of the right in a trade name, shall be obliged to stop its use and to compensate for the losses incurred.  
 
Suppression of unfair competition is ca rried out in accordance with the law “On competition and restriction of monopoly 
activity on commodity markets”. 
In Paris.  Article 1(3), industrial property applies not only to industry and commerce proper, but to agricultural and extractive 
industries and to all manufactured or natural 
products, e.g., wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, 
and flour. Law of The Republic of Tajikistan on Inventions 
Article 6. Conditions for patentability of an invention A technical solution shall be recognized as an invention and gran ted legal protection, if it is new, involves an inventive step  
and is industrially applicable. 
{…}. {…}. 
{…}. 
An invention shall be considered industrially applicable, if it can be used in industry, agri culture, healthcare and other fiel ds of 
human activity 
  
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Under Paris, Article 2, nationals of Members 
are to enjoy in other Members the advantages 
that their respective laws grant to nationals, and shall have the same protection and the 
same legal remedy against any infringement 
of their rights if they conform to the conditions and formalities imposed upon the 
Member's nationals. Law of The Republic of Tajikistan on Industrial Designs  
Article 33. Rights of foreign natural persons and legal entities  
Foreign natural persons and legal entities shall enjoy those rights granted by this Law on a par with natural persons and legal  
entities of the Republic of Tajikistan in accordance with interna tional agreements to which Tajikistan is a party or on the bas is 
of reciprocity. 
 Law of the Republic of Tajikistan on Trade And Service Marks 
Article 34. Rights of foreign legal entities, foreign citizens and stateless persons  
Foreign legal entities, as well as foreign citizens and statele ss persons shall enjoy the rights accorded by this Law and other  
relevant legislative acts of the Republic of Tajikistan equally with the legal entities and natural persons of the Republic of 
Tajikistan, unless this Law or any other act of the current legislation provide otherwise. 
 Draft Law of The Republic of Tajikistan on Geographical Indications 
Article 21. The rights of foreign citizens, pers ons without citizenship, and foreign legal persons 
Foreign citizens, persons without citizenship, and foreign legal persons shall enjoy the rights provided for by this Law and other legal acts of the Republic of Tajikistan in the field of protection of geographical indications and shall be equally liab le 
with natural persons and legal entities of the Republic of Tajiki stan unless otherwise stipulated by the legislative acts of th e 
Republic of Tajikistan and international agreements. 
Paris.  Article 3, requires that nationals of 
non-Member countries domiciles or that have 
"real and effective" industrial or commercial establishments in a Member country be 
treated as nationals of  a Member country. CIVIL CODE OF THE REPU BLIC OF TAJIKISTAN 
Article 7. Civil legislation and norms of international law 
1. Universally recognized principles and a norm of internatio nal law and international agreements of Tajikistan are, in 
accordance with the Constitution of the Republic of Tajikistan, a constituent part of the legal system of the Republic of 
Tajikistan. 
2. International agreements of the Republic of Tajikistan apply to the relations indicated in Part 1 and 5 of Article 1 of this  
Code directly, except for the cases where for its implemen tation an issuance of the interstate act is required. 
If an international agreement of the Republic of Tajikistan establishes rules different from those provided for by civil 
legislation, the rules of the international agreement shall apply.  
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Page 6 TRIPS Agreement 
Under Paris, Article 4.a right of priority is to 
be given an applicant for a patent, for 
registration of a utility model, an industrial design, or of a trademark who has filed the 
equivalent of a regular national filing under 
the domestic legislation of a Member country.  The periods of priority are to be 12 months for 
patents and utility models, and 6 months for 
industrial designs and trademarks.  The Article discusses the technical details of 
granting priority in depth. Law of The Republic of Tajikistan on Inventions  
Article 18. Convention-priority 
Priority may be determined by the filing date of the first a pplication for an invention filed in a State party to the Paris 
Convention for the Protection of Industrial Property, provided th at the application is filed with the Patent Office within 12 
months of that date (convention priority). Where owing to circumstances beyond the applicant’s control the application 
claiming convention priority could not be filed within the ab ove time limit, the latter may be extended by a period not 
exceeding three months. 
 
Law of The Republic of Tajikistan on Industrial Designs  Article 17. Convention-priority 
Priority may be determined by the filing date of the first a pplication filed in a State party to the Paris Convention for the 
Protection of Industrial Property(convention priority), provided th at the application is filed with the Patent Office within 6 
months of that date. Where owing to circumstances beyond the applicant’s control the application claiming convention 
priority could not be filed within the above time limit, the latter may be extended by a period not exceeding two months. 
Law of the Republic of Tajikistan on Trade And Service Marks Article 10. Priority of a trademark 
1.{…}. 
2. The priority of a trademark may be determined on the filing date of the first application for the trademark in a foreign country party to the Paris Convention for the Protection of Indu strial Property (convention pr iority), provided that the 
application was filed with the State Service of the Republic of Tajikistan for Protection of Inventions and Registration of 
Trade and Service Marks within 6 months from the said date. 
If due to circumstances beyond applicant's control, the application claiming Convention priority could not have been filed 
within the mentioned period of time, the latter may be prolonged at the applicant's request, but for no longer than two months.  
Article 4bis states that patents obtained for the 
same invention in various members of the 
Paris Union are indepe ndent of each other. The Law of The Republic of Tajikistan on Inventions does not set up any dependence of the validity of the granted patent on 
the availability and/or validity of another patent ob tained for the same invention in other countries.  
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Article 4ter requires that inventors have the 
right to be named as such in the patent. Law of The Republic of Tajikistan on Inventions  
Article 4. Titles of protection 
The right in an invention shall be protected by the State and sh all be certified by a patent or petty patent (hereinafter “titl es of 
protection”). 
{…}. 
{…}. A title of protection for an invention shall certify the priority and authorship of, and an exclusive right to use the inventio n. 
Article 7. Author of an invention 
A natural person whose creative work resulted in the invention sha ll be recognized as the author  thereof. Where an invention 
results from joint creative work of two or more natural persons,  those persons shall be recognized as the joint authors thereof . 
The conditions for exercising author's rights sha ll be determined by an agreement between them. 
{…}. The authorship right shall be an inalienable personal right and shall be protected perpetually. 
Article 23. Publication of information on an application and grant of a title of protection 
{…}. {...}. 
Within six months of the day of making a decision to grant a title of protection for an invention the Patent Office shall publi sh 
information about the granted title of protection in the Official Bulletin. The published particulars must include the names of the author(s ) (with their consent) and patent owner(s), the title and the 
claims of the invention. 
Article 25. Registration of an invention and grant of a title of protection 
Within three months of the date of receipt of documents conf irming payment of the fee for regi stration and grant of a title of 
protection, the Patent Office shall enter an invention in the State Registers of Inventions and shall grant the patent owner a title of protection. 
Where a title of protection was sought in the names of several pers ons, they shall all be issued a single patent or petty paten t. 
The Patent Office shall grant to the author(s) of the invention, other than the patent owner, an  official certificate confirmin g 
his authorship. 
Under Article 4quater restrictions or 
limitations on the sale of a patented product or 
a product produced by a patented process cannot be the grounds for refusing a patent or 
invalidating one already issued.   The Law of The Republic of Tajikistan on Inventions does not contain such grounds for refusal of a patent or invalidation of 
the one already issued. 
Under Article 5(A)(1), importation of a 
patented product manufactured in a Paris Union country cannot be the basis of 
forfeiture of the patent. This Law does not put the effect of rights resulting from the granted patent into dependence on importation by the patentee of 
articles manufactured in any of the countries of the Paris Union.  
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Page 8 TRIPS Agreement 
Article 5(A)(2) and (3) authorize countries to 
use compulsory licensing as a means to 
prevent abuses, such as the failure to work, but they may not forfeit a patent unless the 
grant of a compulsory license would not be 
sufficient to prevent th e abuse.  Proceedings 
for forfeiture or revocation cannot be institute 
until two years after the grant of the first 
compulsory license. Article 5(A)(4) prohibits application for a 
compulsory license for failure to work until 
four years have passed since the application was filed or three years from date of grant and 
no compulsory license is to be granted if the 
patentee justifies the failure to work.  Licenses are to be non-exclusive, and may not be 
transferred except with the enterprise or 
goodwill that exploits the license.   Law of The Republic of Tajikistan on Inventions  
Article 28. Compulsory license  
The patent owner shall be obliged to use the invention. In the event that an invention remains unused or insufficiently used by  
the patent owner for five years after the date of publication of  the grant of a title of protection, any person willing and rea dy to 
use the invention may, if the patent owner refuses to enter into a license contract with such party on such terms and condition s 
as are consistent with prevailing practice, go to court to demand the grant thereto of a compulsory license to use such invention. 
If the owner of a title of protection fails to prove that he made no or insufficient use of the invention for a valid reason, t he 
court shall make a decision on th e grant of a compulsory license  
Where a compulsory license is granted on the basis of a court finding, such license shall set limits on the use of the inventio n 
the title of protection for which is owned by the other person to  the extent which may be necessa ry to use the invention owned 
by the person who demanded that grant of  such compulsory license, and shall pres cribe the amount of royalties, as well as 
time periods and procedures for their payment. 
{…} 
A compulsory license shall be non-exclusive; it may not be reassigned to another person. Disputes arising as a result of such use shall be settled by the court. 
 
Article 5(B) prohibits forfeiture of industrial designs for failure to work or for importing 
articles corresponding to those that are protected. The Law of The Republic of Tajikistan on Industrial Designs does not provide for the forfeiture of industrial designs for 
failure to work or for importing articles corresponding to those that are protected. 
 Law of The Republic of Tajikistan on Industrial Designs  
Article 27.Opposition of the patent 
A patent may be contested and invalidated, fully or partially, at any time during its term in the following circumstances:  - the patented industrial design does not comply with  the patentability criteria prescribed by this Law;  
- the material features of an industrial  design include such features as were ab sent from the original documents of the 
application;: - the letters of the patent wrongly name s the author(s) or the patent owner(s).  
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Article 5(C) prohibits cancellation of a mark 
for unjustified non-use before a reasonable 
period of time has passed and permits the proprietor to use differing elements that do 
not diminish the distinctive character of a 
mark without invalidating the registration or diminishing the protection granted the mark.  
Concurrent use of the mark by co-proprietors 
is permitted so long as the public is not mislead. Law of The Republic of Tajikistan on Trade And Service Marks  
Article 24. Use of a trademark an d consequences of its non-use  
1. Use of a trademark shall be understood to mean its use on the goods in respect of which it has been registered or on packaging thereof by the owner of a trademark or a person to whom such right has been conferred under a license agreement 
in accordance w ith Article 27 of this Law. 
Use may also be understood to mean the use of a trademark in advertising, printed publications, on signboards, on exhibits 
displayed at exhibitions and fairs organized in the Republic of Tajikistan, where there are valid reasons for non-use of the 
trademark on goods or  packaging thereof. 
2. Legal entities or natural persons engaged in commercial inte rmediation shall have the right to use their own trademarks 
along with that of the producer of goods or services, or instead  of the trademark of the latter,  on the basis of the agreement 
between them. 
3. The registration of a trademark may be invalidated prematurely in whole or in part on the ground of the Court’s decision made on a petition of an interested legal entity or natural pers on, in connection with non-use of the trademark for a continuou s 
period of five years counted from the date of registration, or  for a period of five years preceding the filing of such a petiti on. 
On resolving the question of the premature invalidation of the registration of a trademark in connection with its non-use the proof presented by the owner of a trademar k of the fact that the trademark was no t used on the circumstances beyond his 
control may be taken into consideration. 
The opportunity to use the mark, with slight changes, is not provided.  
The TML does not provide for co -ownership of the trademark. 
Under Article 5(D), protection of patents, 
registered trademarks, and industrial designs 
cannot be conditioned upon indication or 
mention of such patent, trademark registration, or industrial design protection. Legislation of the Republic of Tajikistan on industrial property does not require any indication or mention of the patent, 
trademark registration, or industrial design certificate as a cond ition for patent, registered trademark, or industrial design 
protection.  
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Page 10 TRIPS Agreement 
Article 5bis requires that a grace period of at 
least six months be provided for the payment 
of maintenance fees for industrial property, but a surcharge is permissible. Countries are 
authorized to restore patents that lapsed for 
non-payment of fees. Law of The Republic of Tajikistan on Inventions  
Article 33. Early termination of the validity of a title of protection 
The title of protection shall be terminated early - {…}; 
- {…}; 
- in the event of failure to pay, within the prescribed time limit, the fee for main tenance of the title of protection in force . 
Article 34.  Reinstatement of the validity of a title of protection. Right of consequent  use 
The validity of the title of protection, term inated early in accord ance with paragraph three of part  one of Article  32 of this 
Law, may be reinstated on a request by the patent owner, within  three years of the expiry of the time period prescribed for 
payment of a fee for maintenance of a title of protection, provided that the applicant gives good reasons for the delay and 
provides proof of payment in the prescribed amount of a fee for patent reinstatement. 
 Law of The Republic of Tajikistan on Industrial Designs  
Article 28. Early termination of the patent 
The patent shall be terminated early - {…}; 
- {…}; 
- {…}; - in the event of failure to pay, with in the prescribed time limit, the fee fo r maintenance of the patent in force. 
Article 29. Restoration of validity of the patent The right of consequent use 
The validity of the patent terminated on the ground indicated in paragraph four of part four of Article 28 of this Law, may be 
reinstated on a request by the patent owner, within 18 months of the expiry of the time period prescribed for payment of a fee 
for maintenance of a patent, provided that the applicant gives good reasons for the delay and provides proof of payment in the prescribed amount of a fee for patent reinstatement.. 
 
Law of the Republic of Tajikistan on Trade And Service Marks  Article 16. Duration of registration 
1. {…}. 
2. The period of validity of a trademark registration may be renewed at the request of the owner filed within the final year of  
the period of validity, each time for another ten years. 
Upon request of the owner for renewal of the registration of a trademark he may be granted a grace period of six months 
counted from the expiration date of the registration of the trademark, provided that the prescribed additional fee has been pai d. 
 
Draft Law of The Republic of Tajikistan on Geographical Indications  
Article 8. Period of validity of a certificate 1. {…}. 
2. {…}. 
3. The period of validity of a certificate may also be extended at the request of the holder, submitted within six months of th e 
expiry of the certificate's period of validity, provided that an additional fee has been paid.  
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Article 5ter allows a Paris Member to make 
use of patented devices aboard a vessel, 
aircraft, or land vehicle temporarily or accidentally in the territory of the Member. Law of The Republic of Tajikistan on Inventions  
Article 30. Actions not recognized as an infringement of an exclusive right 
The following actions shall not be deemed infringements of a patent owners' exclusive right: - use of the devices incorporating inventions protected by patent s or petty patents in the construction or operation of (land, air, 
water) vehicles of other countries if such vehicles entered the territory of the Republic of Tajikistan on a temporary basis or  by 
accident and such devices are used  for the needs of a vehicle. No such action sh all be deemed to constitute an infringement of 
the patent owner's exclusive rights, provided that the vehicl es concerned are owned by natural persons or legal entities of 
countries granting reciprocal rights to vehicle owners of the Republic of Tajikistan. 
 Law of The Republic of Tajikistan on Industrial Designs  
Article 25. Actions not recognized as an infringement of an exclusive right 
The following actions shall not be deemed infringements of a patent owners' exclusive right: - use of the devices incorporating industrial designs protected by patents or petty patents in the construction or operation of  
(land, air, water) vehicles of other countr ies if such vehicles entered the territory of the Republic of Tajikistan on a tempor ary 
basis or by accident and such devices are used for the needs of  a vehicle. No such action shall be deemed to constitute an 
infringement of the patent owner's exclusive rights, provided that  the vehicles concerned are owned by natural persons or legal  
entities of countries granting reciprocal rights to vehicle owners of the Republic of Tajikistan. 
Article 5quater requires that process patent 
owners have all the rights against an imported 
product produced by the patent process that 
they would have with respect to products manufactured at home. Law of The Republic of Tajikistan on Inventions  
Article 26.  Rights of a patent owner 
A patent owner shall have an exclusive right to use the invention protected by a patent or a petty patent including the right t o 
manufacture, use, import, sell and in any other way put in commercial use, or store for this purpose a product containing the invention protected by a patent or petty patent, the right to apply a process protected by a patent or petty patent for the 
invention, and also the right to prohibit use of the above inventions by other persons, except in the cases where such use, in 
accordance with this Law, do es not constitute an infringement of the patent owner’s exclusive right. 
A product shall be deemed incorporating an invention protected by a patent or a petty patent and a process protected by a 
patent or a petty patent for invention shall be deemed used, if the product incorporates and the process uses every feature of 
such invention included in its independent claim or an equivalent feature, which b ecame known as such in the given area of 
technology, respectively, prior to the use date. 
Article 5quinquies requires that Paris 
Members protect industrial designs. Law of The Republic of Tajikistan on Industrial Designs  
Article 4. Conditions of patentability of an industrial design 
In accordance with this Law an artistic and design solution of an article, defining its outward appearance shall be protected a s 
an industrial design. An article shall mean an object of indust rial or handicraft manufacturing. 
An industrial design shall be granted legal protection if it is new and original 
Article 6 makes the conditions for filing and 
registration of trademarks subject to domestic legislation but also makes filing and 
registration independent of those in other 
countries, including the country of origin. The conditions for the filing and registration of trademarks ar e determined by the Law of the Republic of Tajikistan on 
Trademarks And Service Marks. The Law does not make the filing and registration of trademarks dependent to those in other countries, including the country 
of origin.  
 WT/ACC/TJK/10 
Page 12 TRIPS Agreement 
Article 6bis requires parties, ex officio if 
legally possible or at the request of an 
interested party, to refuse to register or, for a period of at least 5 years, to cancel the 
registration of a trademark confusingly similar 
to a well-known mark.  No time limit is placed on a mark used in bad faith. Law of the Republic of Tajikistan on Trade And Service Marks  
Article 7. Other grounds for refusal of registration 
1. The following designations shall not be registered as trad emarks if they are identical with or confusingly similar to: 
- trademarks earlier registered or applied for registration in the Republic of Tajikistan in the name of another person in resp ect 
of similar goods; 
- trademarks of other persons protected without registration by virtue of international treaties of which Tajikistan is a membe r; 
- trade names (or part thereof) owned by other persons who have been granted the rights in these names on the basis of earlier 
filed applications for trademarks in respect of similar goods; 
- appellations of origin protected in the Republic of Tajikist an, except for the cases where th ey are incorporated as a non-
protected element in a trademark being registered in the name of a person entitled to use such appellation. 
2. The following designations shall not be registered if they reproduce: 
- industrial designs the rights in which belong to other persons in the Republic of Tajikistan;  - titles of the works of science, literature and art well-known in the Republic of Tajikistan or quotations therefrom; works of  
art or fragments thereof, without the co nsent of the copyright owner or that of the appropriate competent authority; 
- family names, given names, pseudonyms and their derivativ es, portrays and facsimiles of famous persons, without the 
consent of such persons, their heirs or a appropriate competent authority. 
 
Article 29. Recognition of the regist ration of a trademark as invalid 
1. The registration of a trademark may be declared invalid in whole or in part at any time during the term of its duration if t he 
trademark has been registered in violation of Articles 2 and 6 of this Law, or within five years of the date of publication of the 
information about the registration of a trademark in the Official Gazette on the grounds provided for in Article 7 of this Law.  
Article 6ter requires Members to refuse to 
register or to invalidate the registration that 
includes, without authorization, armorial bearings, flags, state em blems, official signs 
and hallmarks, etc.  An  exception is provided 
for owners of rights acquired in good faith before the Convention entered into force for 
that country.   Law of the Republic of Tajikistan on Trade And Service Marks 
Article 6. Absolute grounds for refusal of registration 
1. No registration shall be allowed for the trademarks consisting only of designations: - {…}; 
- that represent armorial bearings, flags and emblems; official names of states; emblems, denominations or abbreviations of 
denominations of international intergovernmental organizations; official signs and hallmarks of control and warranty; seals and stamps; decorations; religious and other distinguishing signs . Such designations may be included as unprotected elements 
in the trademark provided the consent of  the appropriate competent authority or that of the trademark owner has been 
obtained;  
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Article 6quater makes the assignment of a 
mark valid if the portion of the business or 
goodwill of the business together with the exclusive right to manufacture and sell the 
goods bearing the mark are also transferred. The Law of the Republic of Tajikistan on Trade And Service Marks does not contain such restriction in assignment of 
trademark. 
 Law of the Republic of Tajikistan on Trade And Service Marks 
Article 26. Assignment of a trademark 
A trademark may be assigned by the owner of the trademark to a natural person or legal entity under an agreement in respect 
of all or part of the goods for which it has been registered. 
Assignment of a trademark shall not be allowed if it can be a reason for deception of consumers in respect of the good or its 
manufacturer. Article 27. Grant of a license  for the use of a trademark 
The right to use a trademark may be granted by the owner of a trademark (the licenser) to another person (the licensee) under 
a license agreement. A license agreement must contain a clause that the quality of the goods of the licensee will not be lower than the quality of t he 
goods of the licenser, and that the licenser shall exert control over the observation of this clause.  
 WT/ACC/TJK/10 
Page 14 TRIPS Agreement 
Article 6quinquies requires that trademarks 
duly registered in a Member be accepted for 
filing in other Members, with certain reservations, and establishes the conditions 
under which a trademark may be denied 
registration or may be invalidated.   Law of the Republic of Tajikistan on Trade And Service Marks 
Article 6. Absolute grounds for refusal of registration 
1. No registration shall be allowed for the trademarks consisting only of designations: - that are devoid of distinctive features or have descriptive character; 
- that represent armorial bearings, flags and emblems; official names of states; emblems, denominations or abbreviations of 
denominations of international intergovernmental organizations; official signs and hallmarks of control and warranty; seals and stamps; decorations; religious and other distinguishing signs . Such designations may be included as unprotected elements 
in the trademark provided the consent of  the appropriate competent authority or that of the trademark owner has been 
obtained; - that have become customary as designations of the goods of a certain kind; 
- that constitute generally accepted symbols and terms; 
- that designate the kind, quality, quantity , intended purpose, value, as well as th e place and time of their production or sal e. 
 
2. No registration as trademarks or their elements shall be allowed for the designations: 
- containing false or misleading information about the manufacturer or its goods; - being, by their content, contrary to public interests, principles of humanity and morality. 
Article 7. Other grounds for refusal of registration 
1. The following designations shall not be registered as trad emarks if they are identical with or confusingly similar to: 
- trademarks earlier registered or applied for registration in the Republic of Tajikistan in the name of another person in resp ect 
of similar goods; 
- trademarks of other persons protected without registration by virtue of international treaties of which Tajikistan is a membe r; 
- trade names (or part thereof) owned by other persons who have been granted the rights in these names on the basis of earlier 
filed applications for trademarks in respect of similar goods; - appellations of origin protected in the Republic of Tajikist an, except for the cases where th ey are incorporated as a non-
protected element in a trademark being registered in the name of a person entitled to use such appellation. 
2. The following designations shall not be registered if they reproduce: - industrial designs the rights in which belong to other persons in the Republic of Tajikistan;  
- titles of the works of science, literature and art well-known in the Republic of Tajikistan or quotations therefrom; works of  
art or fragments thereof, without the co nsent of the copyright owner or that of the appropriate competent authority; 
- family names, given names, pseudonyms and their derivativ es, portrays and facsimiles of famous persons, without the 
consent of such persons, their heirs or a appropriate competent authority.  
  WT/ACC/TJK/10
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Article 6sexties states that Paris Members 
undertake to protect service marks without 
being required to provide for their registration. According to the Law of the Republic of Tajikistan on Trad e And Service Marks a trademark and a service mark are equated 
in the legal regime  
Law of the Republic of Tajikistan on Trade And Service Marks Article 1. Trademark and service mark 
A trademark and a service mark (hereinafter referred to as "t rademark") shall be designations , registered in accordance with 
the established procedure, capable of distinguishing the goods an d services of some legal entities or natural persons from the 
similar goods and services (hereinafter referred to as  "goods") of other legal entities or natural persons. 
Article 2. Legal protection of a trademark  
1. Legal protection of a trademark in the Republic of Tajikistan shall be effected on the basis of its registration in accordan ce 
with the procedure established by this Law or by virtue of  the international treaties of which Tajikistan is a member. 
2. The right in a trademark sha ll be protected by the State. 
3. A trademark may be registered in the name of a legal entity, as well as of a natural person engaged in entrepreneurship. 
Article 6septies requ ires that trademark 
owners be able to oppose or request 
cancellation of a registration of their 
trademarks applied for by their agent or representative without their authorization 
unless the agent or representative justifies his 
action. Law of the Republic of Tajikistan on Trade And Service Marks 
Article 29. Recognition of the regist ration of a trademark as invalid 
1. The registration of a trademark may be declared invalid in whole or in part at any time during the term of its duration if t he 
trademark has been registered in violation of Articles 2 and 6 of this Law, or within five years of the date of publication of the 
information about the registration of a trademark in the Official Gazette on the grounds provided for in Article 7 of this Law.  
Any legal entity or natural person may file, within the afores aid period of time, an opposition against the registration of a 
trademark with the Appeal Board. 
2. An opposition against a trademark regist ration shall be examined within six months  from the date of its receipt. Both the 
person submitted the opposition and the owner of the trademark shall have the right to take part in its consideration. 
3. The decision of the Appeal Board may be appealed juridically within six months of the date on which it has been made. 
Article 7 states that the nature of the goods to 
which a trademark is applied may in no case 
be an obstacle to the registration of the trademark. (Duplicate la nguage is in TRIPS 
Article 15.4.) The Law of the Republic of Tajikistan on Trade And Service Ma rks does not restrict the regi stration of a trademark on the 
grounds of the nature of the goods to which a trademark is applied.  
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Article 7bis requires that Members permit 
registration of collective marks belonging to 
associations the existence of which is not contrary to the law of the country of origin, 
even where the associa tion is not established 
in the country where protection is being sought. Law of the Republic of Tajikistan on Trade And Service Marks 
Article 22. Right in a collective mark  
1. A collective mark shall be a trademark of a union, association of manufacturers or traders, concern, or any other voluntary association of enterprises (hereinafter referred to as "association") intended to designate the goods, produced or distributed by 
them, possessing uniform qualitative or other common characteristics. 
Article 23 Registration and use of a collective mark 1. An application for a collective mark sh all be accompanied by the Charter of the collective mark, which contains the name 
of the association authorized to register the collective mark in its own name, a list of enterprises entitled to use the mark, 
purpose of the registration, a list of goods to be designated by the collective mark with description of their uniform qualitat ive 
or other common characteristics, conditions of its use, and the liability for violation of the Charter of the collective mark. 
2. In the Register and on the certificate for a collective mark in  addition to the information provided for in Article 15 of th is 
Law there shall be entered the information about enterprises having the right to use the collective mark. This information and an extract from the Charter of the collective mark about uniform qualitative or other common characteristics of the goods in 
respect of which the collective mark has been  registered shall be published by the State Service of the Republic of Tajikistan 
for Protection of Inventions and Registration of Trad emarks and Service Marks in the Official Gazette.  
3. The owner of a collective mark  shall notify the State Service of the Republic of Tajikistan for Protection of Inventions and  
Registration of Trademarks and Service Marks abou t changes in the Charter of the collective mark. 
4. In the case of use of a collective mark on the goods, not possessing uniform qualitative or other common characteristics, th e 
registration of this mark may be invalidated prematurely in full or in part on the basis of the Court’s decision made on reques t 
of an interested legal entity or natural person. 
Article 8 requires that trade names be 
protected by Members without the necessity 
of registration, whether or not the names are 
part of a trademark. CIVIL CODE OF THE REPU BLIC OF TAJIKISTAN 
Article 55. Name and location of a legal entity 
1. A legal entity shall have its own name containi ng an indication of its organizational form. {….} 
2. {…} 3. {…} 
4. A legal entity which is a commercial organization must have a trade name. A legal entity a trade name of which is 
registered in a prescribed procedure shall have an exclusive right to use it. The procedure of registration and use of trade names shall be established by the legislation in accordance with  this Code. A person illegally using a trade name, on demand 
of the owner of the right in a trade name, shall be obliged to stop its use and to compensate for the losses incurred.  
 Law of the Republic of Tajikistan “On competition and re striction of monopoly activity on commodity markets” 
Article 7. Forms of unfair competition 
Unfair competition shall not be allowed including: {…}; 
{…}; 
{…}; {…}; 
unauthorized use of a trademark, trade name or marking, as well as reproducing packaging, extern al appearance of the good of 
the other producer;  
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Article 9 requires seizure on importation or 
exclusion of goods b earing a trademark or 
trade name without authorization, unless a country's laws provide for neither remedy, in 
which case domestic actions and remedies 
must be available. Law of the Republic of Tajikistan on Trade And Service Marks 
Article 4. Exclusive right in a trademark 
{…}. 2. Any unsanctioned action referred to in Article 24 (1) of this Law , as well as importation, offering for sale and other 
introduction into the market of the goods  designated by a trademark protected in  the Republic of Tajikistan, shall be 
recognized as infringement of th e right of the trademark owner. 
Article 24. Use of a trademark an d consequences of its non-use 
1. Use of a trademark shall be understood to mean its use on the goods in respect of which it has been registered or on 
packaging thereof by the owner of a trademark or a person to whom such right has been conferred under a license agreement in accordance w ith Article 27 of this Law. 
Use may also be understood to mean the use of a trademark in advertising, printed publications, on signboards, on exhibits 
displayed at exhibitions and fairs organized in the Republic of Tajikistan, where there are valid reasons for non-use of the trademark on goods or  packaging thereof. 
Article 32.Responsibility for violation of the rights of the owner of a trademark 
1. The use of a trade mark in violation of this Law, or the use of a designation similar to a trademark in respect to similar 
goods, or any other actions detrimental to its owner or to consumers shall entail civil responsibility in accordance with the 
current legislation. 
2. A person illegally using a trademark, on demand of the owne r of the trademark shall be obliged to stop its use and to 
compensate for the losses incurred. 
 
Criminal Code of the Republic of Tajikistan 
Article 275. Illegal use of a trademark 
1) Illegal use of a trademark, service mark, trade name, appellation of origin, marking of the goods of the competitor or 
similar designation in respect of similar goods and services, if  this action has been performe d recurrently after inflicting an  
administrative punishment or caused great damage - shall be punishable by a fine of 1000 to 2000 minimum wages, or 
corrective labour for a term of up to one year, or imprisonment of up to six months. 2) Illegal use of preventive marking in re spect of the trademark or appellation of or igin not registered in the Republic of 
Tajikistan, if this action has been performed recurrently after inflicting an administrative punishment or caused great damage,  
- shall be punishable by a fine of 1000 to 2000 minimum wages, or with corrective labour for a term of up to two years, or imprisonment of up to six months.  
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Article 10 applies the obligation of Article 9 
to the direct or indirect  use of false indications 
of source of goods, or false indication of the producer, manufacturer, or merchant of such 
goods. Law of the Republic of Tajikistan on Trade And Service Marks 
Article 32. Responsibility for violation of the rights of the owner of a trademark  
1. The use of a trade mark in violation of this Law, or the use of a designation similar to a trademark in respect to similar 
goods, or any other actions detrimental to its owner or to consumers shall entail civil responsibility in accordance with the 
current legislation. 
 Draft Law of The Republic of Tajikistan on Geographical Indications 
Article 2. Provision of legal protection to geographical indications 
1. {…}. 2. {…}. 
3. Legal protection of an indication of source shall be provided on the basis of the use of the indication 
Legal protection of an indication of source shall consists in n on-admission of the use of decep tive (false) indications of sour ce 
and also of indications that are capable of confusin g consumers in respect of true origin of the good. 
Article 13. Use of a geographical indication 
1. {…}. 2. The use of a registered appellation by  persons who do not possess an appropriate certificate, even if the genuine place of 
origin of a good is indicated or an appellation is used in translation or in combination with such expressions as "sort", "kind ," 
"type," "imitation," and the like, shall not be permitted, just as the use of an identical designation for any good which may mislead the user as regards the place of origin and sp ecial features of the good  shall not be allowed. 
Article 10bis requires Members to provide 
protection against unfair competition, including against acts that  create confusion of 
various kinds about the goods or activities of a 
competitor, that consist of false allegations about a competitor, or that are apt to mislead 
the public regarding a competitor's goods. Law of the Republic of Tajikistan “On competition and re striction of monopoly activity on commodity markets”. 
Article 7. Forms of  unfair competition Unfair competition shall not be allowed including: 
{…}; 
deception of consumers in respect of the na ture, process and place of manufacturing, consumer’s properties and quality of the 
good; 
{…}; 
{…}; unauthorized use of a trademark, trade name or marking, as well as reproducing packaging, extern al appearance of the good of 
the other producer;  
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Article 10ter requires that Members undertake 
to assure to foreign nationals effective legal 
remedies to repress actions referred to in Articles 9, 10 and 10bis, and to allow 
federations and associations representing 
foreign businesses, on the basis of reciprocity, to take action in court and before 
administrative authorities to repress such acts.   Law of The Republic of Tajikistan on Inventions 
Article 37. Consideration of disputes 
Disputes over the infringement of the legal protection of inventio ns shall be considered by the Appeal Board within the limits 
of its competence. 
In the event of disagreement with the decision of the Appeal Board any party shall have the right to apply to the court. 
 Law of the Republic of Tajikistan on Trade And Service Marks 
Article 31. Bodies considering disputes 
Disputes connected with trademar ks shall be considered by Court, except for th e disputes attributed to the competence of the 
Appeal Board, in accord ance with Articles l4 and 30 of this Law. 
 
Draft Law of The Republic of Tajikistan on Geographical Indications Article 16. Invalidation of a registration of an appellation of origin and a certificate 
1. {…}. 
2. {…}. 3. {…}. 
4. Any person on the ground provided for in paragraphs 1, 2 an d subparagraph 3.1 of paragraph 3 of this article, may file an 
appeal to the Appeals Board on invalidation of registration of an appellation of origin and of a certificate. The procedure for  
consideration of appeals shall be established by the Patent Office. 
The decision of the Appeals Bo ard may be challenged in the Supreme Economic Court of the Republic of Tajikistan within 
six months of from the date of its receipt.  
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Article 11 requires that  temporary protection. 
consistent with domestic legislation, be 
afforded to patentable inventions, utility models, industrial designs and trademarks in 
respect of goods exhib ited at official or 
officially recognized international exhibitions held in their territory. Law of The Republic of Tajikistan on Inventions 
Article 24. Provisional legal protection of an invention 
{…}. An invention, exhibited at an official or officially recognized international exhibition, shall be granted provisional legal 
protection from the date on which it is displayed at the exhibition up to the date of the first publication of information 
concerning the grant of a title of protection, provided that the application for this invention has been filed with the Patent 
Office not later than six months from the date of its display at the exhibition. 
The provisional legal protection shall be considered never to have existed where a decision to refuse the grant of a title of 
protection has been made and the possibilities of appeal have been exhausted.  
Law of The Republic of Tajikistan on Industrial Designs 
Article 17. Convention priority {…}. 
{…}. 
The priority of an industrial design may be determined on the date of placing the industrial design at an official or officiall y 
recognized international exhibition, provided that the applica tion on which the priority was cl aimed has been filed with the 
Patent Office within six months following the date of the display of the industrial at the exhibition. 
 Law of the Republic of Tajikistan on Trade And Service Marks 
Article 10. Priority of a trademark 
1. {…}. 
2. {…}. 
3. The priority of a trademark placed on exhibits at officially  recognized international exhib itions organized in the territory  of 
one of the countries-members of the Paris Convention for the Protection of Industrial Property (exhibit priority) may be 
determined on the date of the beginning of the open display of the exhibits at the exhibition, provided the State Service of th e 
Republic of Tajikistan for Protection of Inventions and Registration of Trademarks and Service Marks received the application for a trademark within six months from the said date. 
4. An applicant wishing to exploit the right to convention or exhibition priority must state so while filing the application fo r a 
trademark or within two months following r eceipt of the application by the State Serv ice of the Republic of Tajikistan for 
Protection of Inventions and Re gistration of Trademarks and Service Marks, and attach the necessary documents confirming 
the lawfulness of such claim or furnish th ese documents within three months from the date of receipt of the application in the 
State Service of the Republic of Tajikist an for Protection of Inventions and Registration of Trademarks and Service Marks.  
  WT/ACC/TJK/10
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Article 12 requires Members to establish 
industrial property offices for patents. utility 
models, industrial designs and trademarks for the communication to the public through 
publication of a periodic journal of the names 
of patent owners with a brief designation of their inventions, and the reproduction of 
trademarks. The National Center for Patents and Information - referred to in  abbreviated form as NCPI - is an external bureau of the 
Ministry of Economy and Trade of the Republic of Tajikistan and was set up by the Government Decree No. 242 of May 28, 
1993. One of the main tasks delegated to the NCPI was protection of state interests with regard to inventions, industrial designs, trademarks, service marks and other industrial property objects in the Republic or abroad, as well as coordination of 
the work of inventors. 
NCPI carries out its activity as a specialize d government body having sole authority over the territory of Tajikistan in ensuring the protection of industrial propert y according to the national legislation in th is field and to the provisions of the  
international conventions and treatie s where Tajikistan is a party. 
The Official Gazette (« Навиди  Патенти ») is published quarterly. The first issue ( №1, 1996) contained all the legislative acts 
and documents related to Industrial Property Protection in Tajikistan. Since 1998 the Official Bulletin has been published in 
three languages: Tajik, Russian and English. 
 Law of The Republic of Tajikistan on Inventions  
Article 3.  State body for the protection of industrial property objects 
The State body for the protection of indust rial property objects (hereinafter the Pa tent Office) shall im plement a unified Stat e 
policy in the area of legal protection of in dustrial property objects, receive applic ations for industrial property objects, 
examine those applications, perform the State registration and official publication of information on industrial property 
objects, issue titles of protection and also carry out ot her duties, in accordance with the relevant Statute. 
 
Law of The Republic of Tajikistan on Industrial Designs  
Article 3. The State body for protectio n of industrial property objects  
The State body for protection of  industrial property objects (hereinafter re ferred to as “Patent office”) shall provide 
implementation of a consistent state policy on legal protection of industrial property objects, in particular, industrial desig ns, 
receive applications for industrial designs , conduct their examination, carry out st ate registration and of ficial publication o f 
information about industrial property objects, grant patents for industrial designs, and also perform other tasks entrusted to it. 
 Law of the Republic of Tajikistan on Trade And Service Marks 
Article 8. State Service for Protection of Inventions and Registration of Trademarks and Service Marks of the Republic of 
Tajikistan The State Service of the Republic of Tajikistan for Protection of Inventions and Registration of Trademarks and Service 
Marks shall accept for consideration applications for registrati on of trademarks, conduct their examination, issue certificates  
for trademarks valid in all the territory of the Republic of Ta jikistan, keep the State Register  on trademarks and service mark s 
of the Republic of Tajikistan, exert control over the observation of the trademark legislation, generalize the practice of its 
implementation, interpret the provisions of this Law, offer profe ssional help and services with regard to these issues, carry o ut 
informational work on trademarks, and perform activities re lating to the international registration of trademarks.  
 WT/ACC/TJK/10 
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Article 19 authorizes Members to enter into 
separate and special industrial property 
agreements among themselves, so long as those agreements do not contravene the 
provisions of Paris. International agreements of the Republic of Tajikistan in the field of industrial property do not contravene the provisions of 
the Paris Convention. 
National treatment, with exceptions allowed 
in the Paris, Berne and Rome Conventions.  Article 3. Law of The Republic of Tajikistan on Industrial Designs  
Article 33. Rights of foreign natural persons and legal entities  Foreign natural persons and legal entities shall enjoy those rights granted by this Law on a par with natural persons and legal  
entities of the Republic of Tajikistan in accordance with interna tional agreements to which Tajikistan is a party or on the bas is 
of reciprocity.  
Law of the Republic of Tajikistan on Trade And Service Marks 
Article 34. Rights of foreign legal entities, foreign citizens and stateless persons  Foreign legal entities, as well as foreign citizens and statele ss persons shall enjoy the rights accorded by this Law and other  
relevant legislative acts of the Republic of Tajikistan equally with the legal entities and natural persons of the Republic of 
Tajikistan, unless this Law or any other act of the current legislation provide otherwise.  
Draft Law of The Republic of Tajikistan on Geographical Indications 
Article 21. The rights of foreign citizens, pers ons without citizenship, and foreign legal persons 
Foreign citizens, persons without citizenship, and foreign legal persons shall enjoy the rights provided for by this Law and 
other legal acts of the Republic of Tajikistan in the field of protection of geographical indications and shall be equally liab le 
with natural persons and legal entities of the Republic of Tajiki stan unless otherwise stipulated by the legislative acts of th e 
Republic of Tajikistan and international agreements. 
Most favoured nation treatment, with 
enumerated exceptions.  Article 4. At present, the MFN treatment (with exception in respect of some advantages granted to Russian Federation in accordance 
with bilateral Notes) is not prov ided by any bilateral agreements. 
Copyright and Neighbouring Rights Citation to appropriate law or laws 
Compliance with Articles I through 21 of the 
Berne Convention with the exception of 
Article 6bis, Article 9.1. Since 2000, the Republic of Tajikistan has been a member of the Bern Convention on Protection of Literary and Artistic 
Works. 
Article 2 defines "literary and artistic works" as "every production in the literary, scientific and artistic domain whatever may be the 
mode or form of its expression," giving 
examples. Limitations related to speeches are provided in Article 2bis. Law on Copyright and Related Rights  
No.726 of November 13, 1998 Article 5 
Objects of Copyright. General Provisions 
 Copyright extends to scientific, literary and artistic works that  are the product of creative work, regardless of the purpose, the 
merit and the manner of expression thereof. 
The works must be expressed in an objective form, namely: written form (manuscript, typewritten text, musical score, etc.);  oral form (public recitation, public performance, etc.);  
  WT/ACC/TJK/10
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oral form (public pronouncement,  public performance, etc.); 
sound or visual recording (mechanical, magnetic, digital, optical, etc.); 
figurative form (drawing, sketch, painting, plan, industrial de sign, still picture from a cinematographic or television or vide o 
film, photograph, etc.); 
three-dimensional form (sculpture, model, mo ck-up, structure, etc.); any other form. 
In any forms permitting perceiving of the works.  Ideas, methods, processes, systems, means, concepts, principles, discoveries and facts may not be protected by copyright. 
The copyright in a work is independent of the ownership of the material object in which the work is expressed.  
The transfer of the ownership of the mate rial object shall not in itself constitute transfer of any copyright to the work 
embodied in that object. 
 
Article 6 Works Protected by Copyright 
 
The following are pr otected by copyright: 
oral works (speeches, l ections, reports, etc.) 
literary works (belles-lettres, scientific, ed ucational, publicistic, etc., including co mputer programs both source text and 
objective code); dramatic or dramatico-musical works and other works with a scenario; 
garden design; 
photographic works and works obtained by choreographic and mimed works; 
musical works with or w ithout accompanying text; 
audiovisual works; works of painting and sculpture, graphic and design works, cartoon strips and other works of figurative art; 
works of architecture, urban planning and park and processes analogous to photography; 
geographical, geological and other maps, plans and sketches, and also three-dimensional works relating to geography, topography and other sciences; 
derived works (translations, adaptations, annotations, analyses, summaries, reviews, stage adaptations, arrangements and other 
transformations of scientific, literary and artistic works); 
collections (encyclopaedias, anthologies, data bases) and other composite works which, by reason of the selection or 
arrangement of their contents, constitute the result of creative effort. 
Derived works and composite works shall be protected by copyright whether or not the works on which they are based, or which they themselves include, are protected by copyright.  
 WT/ACC/TJK/10 
Page 24 TRIPS Agreement 
Article 3 requires that protection be provided 
to the works of authors who are nationals of 
Berne Union members and to works of nationals of non-Union countries if those 
works are published in a Union member 
simultaneously with publication in the non-Union country.   Law on Copyright and Related 
 
Article 4. Scope of Copyright  
By virtue of this Law, copyright extends to works: 
authors of which are nationals of the Republic  of Tajikistan or have permanent place of  residence  within the territory of the 
Republic of Tajikistan; 
first published within the territory of the Republic of Tajikistan (including the works first published in other country within  30 
days of its first publication within the Republic of Tajikistan ) or unpublished but existing in an objective form within the 
territory of the Republic of Tajikistan irrespective of natio nality or permanent place of residence  of their authors; 
that is granted protection under international treaties to which the Republic of Tajikistan is party. 
Article 4 requires that protection be provided 
cinematographic works not falling under Article 3 if the maker has a headquarters or 
habitual residence in a Union member and to 
works of architecture or artistic works incorporated into a building or structure in a 
Union member. Law on Copyright and Related Rights 
 Please refer to the Article 4 of the Law on Copyright and Related Rights above. 
        
Article 13. Copyright in Audiovisual Works  
The following shall be recognized as authors of an audiovisual work: 
the director or maker; 
the author of the scenario; 
the author of the musical work (with or w ithout words) that has been specially creat ed for that audiovisual work (composer). 
The conclusion of a contract for the making of an audiovisual work shall constitute assignment, by the authors of the work to 
the producer thereof, of the exclusive rights of reproduction, public performance, communication to the public by cable, 
broadcasting, or any other public communication of the work, and also the exclusive subtitling and dubbing rights, unless otherwise provided in the contract. The said rights shall operate throughout the period of validity of the copyright in the 
audiovisual work.  
The producer of the audiovisual work shall have the right to me ntion his name or to demand such mention whenever the work 
is exploited. 
In the case of public performance of the a udiovisual work, the author of  the musical work (with or without words) shall retain 
the right to remuneration for the public performance of his musical work. The authors of the works constituting the audiovisual work, whether pre-existing (for instance, the author of the novel from 
which the scenario is taken) or created in the making of the a udiovisual work (for instance, th e camera director or artistic 
director), shall each enjo y copyright in his work.  
  WT/ACC/TJK/10
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Article 5 requires that authors enjoy the rights 
required by Berne and any other rights a 
country provides works on a national treatment basis without being subject to any 
formalities. Article 9. Origin of Copyrigh t. Presumption of Authorship 
 
1. A scientific, literary or artistic work is eligible for copyrigh t by virtue of the mere fact of its creation. The origin and  
exercise of copyright shall not require either registration of the work or the performance of any other act or formality. 
In order to have his rights r ecognized, the owner may use a copyright notice wh ich should be placed on every copy of the 
work and should consist of the following three elements: 1) a circled capital letter C: (C); 
2) the name of the owner of the exclusive rights; 
3) the year of first publication of the work. In the absence of proof to the contrary, the person named as the author on the original or on a copy of the work shall be 
deemed the author thereof. 
Where a published work is anonymous or pseudonymous (unless the author's pseudonym leaves his identity in no doubt), the 
publisher named on the work shall be presumed, in the absence of  proof to the contrary, to represent the author and, in that 
capacity, shall be empowered to defend and exercise the author's  rights. This provision shall remain in force until such time a s 
the author of the work reveals his identity and claims authorship of the work. Entity possessing copyright or any persons having any exclusive right to the work may realise registration of the work within 
the duration of the copyright in the order determined by an agency authorized by the Government of the Republic of 
Tajikistan in the field of the protection of copyright and related rights (hereinafter - authorized agency) for giving of certification about authorship to published or unpublished work , about the fact and the date of publishing of the work or 
agreements concerning copyright. 
A person possessing material object in wh ich the work is embodied may not block en tity possessing copyright to register his 
work. 
Article 7 requires that the term of protection 
for copyright be 50 years following the death of the author.  Special terms are authorized for 
cinematographic works, anonymous or 
pseudonymous works, photographic works and works of applied art.  Article 8 gives 
authors of protected wo rks the exclusive right 
to make or authorize the making of translations of the work. Article 16. Economic Rights of Authors 
 The author shall enjoy the exclusive right to exploit his works in  any form and by any way. It means the right to perform or 
authorize the following acts: 
reproduction of the work (right of reproduction); distribution of copies of the work by any means, including sale, rental and other ways (right of distribution); 
importation of copies of the work for the purposes of distributio n, including that of copies made with the permission of the 
owner of exclusive rights (right of importation); presentation of the work in public (right of public presentation); 
performance of the work in public (right of public performance); 
communication of the work to the public (including showing, performance or broadcasting) by broadcasting or rebroadcasting (right of broadcasting); 
communication of the work to the public (including showing, performance or broadcasting) by cable, wire or comparable 
means (right of communication to the public by cable); translation of the work (right of translation); 
adaptation, arrangement or other transformation of the work (right of adaptation). 
The exclusive rights of the author in relation to the project fo r a design work, an architectural work, a work of urban plannin g  
 WT/ACC/TJK/10 
Page 26 TRIPS Agreement 
or a work of park or garden design shall extend also to the practical realization of the project. Unless otherwise provided by 
contract, the author of an accepted architectural project shall have the right to demand that the party who commissioned the 
work allow him to take part in the realization of his project at the stage of the production of  the documentary material relati ng 
to the construction or at the stage of the actual construction of the building or other structure. 
Where copies of a lawfully published work have been put into circulation by means of sale, their subsequent distribution shall 
not require authorization by the author or other owner of copyri ght and shall not give rise to the payment of remuneration to 
the author. 
The right to distribute copies of the work such as audiovisual works, computer programs, data bases, musical works in musical 
score and phonograms by means of rental shall belong to the author without regard to the ownership of the said copies. The amount and the manner of payment of remuneration to the author for each form of exploitation of the work shall be 
determined by the author's contract and by the contracts that organizations for the collective administration of economic right s 
conclude with users. The rights of authors specified in part 2 of this Article shal l be subject to the limitations specified in Article 19 to Articl e 21, 
24 and 39 of this Law, which shall apply insofar as the uses in question do not unjustifiably prejudice the normal exploitation  
of the work and do not without valid reason vi olate the legitimate interests of the author. 
 
Article 17. Term of Copyright 
 1. Copyright shall have effect throughout the lifetime of the author and for 50 years after his death and it is transferable by  
succession except as provided in this Article. 
The author's right to claim authorship of his work, his right to be named as such and his right to protection for his reputatio n 
shall be protected without limitation in time. 
The author may, according to legislative order, specify the person to whom he entrusts the protection of the right of 
authorship, the right to be named and the right to protection fo r his reputation after his death. That person shall fulfil his 
mandate throughout his life. 
Where no such person has been named, the protection of the right of authorship, the right to be named as author and right to protection for the author's reputation shall be ensured either by his heirs, in case of absence of heirs or after lapsing the h eirs' 
copyright it shall be ensured by authorised agency.  
The copyright in a work of joint authorship shall have effect until the death of the last surviving coauthor and for 50 years thereafter. 
The copyright in an anonymous or pseudonymous work shall have effect for 50 years following the date of the lawful 
disclosure thereof. If, in the course of that period, the author of the anonymous or pseudonymous work reveals his identity, or  
if that identity is no longer in doubt, the provisions of the first part of this Article shall be applicable. 
Copyright in a work first published during thirty years after hi s death shall have effect for 50 years following the lawful 
publication of the work. Any period under this Article shall be calculated as from January  1 of the year following that in which the legal act occurred 
that marks the starting point of the period.  
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Article 9 requires that authors be given the 
exclusive right to authorize reproduction of 
the work in any manner or form with only limited exceptions that do not conflict with 
the normal exploitation of the work and do not 
unreasonably prejudice the legitimate interests of the author Please refer to the Article 16 of the Law on Copyright and Related Rights above. 
Articles 10 and 10bis define certain 
authorized "free uses of works". Article 21. Use of a Work with out the Author's Consent and Without Payment of Remuneration 
 
It shall be permissible, without the consent of author or other entity possessing copyright and without payment of 
remuneration: 
the reproduction, broadcasting or communication to the public by cable of architectural works, photographic works and works 
of fine art permanently located  in a public place shall be permissible withou t the author's consent and without payment of 
remuneration, except where the presentation of the work constitute s the main feature of the said reproduction, broadcast or 
communication to the public by cable, if it is used for commercial purposes; 
the public performance of musical wo rks in the course of official or religious ceremonies and at funerals to the extent justifi ed 
by the nature of the said ceremonies; 
the reproduction of works for the purposes of judicial proceedings, to the extent justified by the said purposes; 
making by a broadcasting organization an ephemeral recording of the work for which it has obtained the right of broadcasting, 
on condition that the organization makes the recording with its  own equipment and facilities and for the purposes of its own 
broadcasts. The broadcasting organization is obliged to destroy the recording within six months after it was made, except where a longer period has been agreed upon with the author of the work recorded. Th e recording may be preserved in official 
archives without the author's consent if it is of purely documentary character. 
 Article 22. Right of A ccess to Works of Fine Art. Resale Royalty 
 
The author of a work of fine art shall have the right to demand of the owner of the work that he  allow him to exercise the righ t 
of reproduction of his work (right of acces s), provided that the owner of the work ma y not be bound to deliver the work to the 
author to that end. 
The transfer of ownership of a work of fine art (whether for consideration or free of charge) from the author to a third party shall constitute the first sale of that work. 
For each public resale of a work of fine art (sale by auction or at an art gallery or exhibition, in a shop, etc.), the seller shall 
pay the author remuneration representing 5% of the resale price (resale royalty). That right is inalienable and transferable on ly 
to the author's legal heirs throughout the duration of the copyright.  
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Articles 11, 11bis, and 11ter require that 
authors of dramatic, dramatico-musical and 
musical works and any translation thereof and authors of literary and artistic works, the 
exclusive right to authorize the public 
performance of their works, including by broadcast, public recitation and any 
communication to the public. Please refer to the Article 16 of the Law on Copyright and Related Rights above. 
Article 12 requires that authors of literary or 
artistic works have the exclusive right to authorize adaptations, arrangements and other 
alterations of their works. Please refer to the Article 16 of the Law on Copyright and Related Rights above. 
 
Article 13 authorizes countries to impose reservations and conditions on the exclusive right granted authors of musical works or 
written works that are recorded. Article 2. Legislation of the Republic of Tajikistan on Copyright and Related Rights 
 The legislation of the Republic of Tajikistan on copyright and related rights is based on the Constitution of the Republic of 
Tajikistan and consists of this Law, other legislative texts of the Republic of Tajikistan that are enacted pursuant to this La w, 
as well as international agreements recognized by Tajikistan.  
Articles 14 requires that authors of literary 
and artistic works have the exclusive right to 
authorize the cinematographic adaptation and 
reproduction of their works and the 
distribution, public performance and communication to the public of the adaptation 
or reproduction, without the limitations 
authorized under Article 13(1). Please refer to the Articles 13 and 16 of the Law on Copyright and Related Rights above. 
Article 14bis specifies that a cinematographic 
work is to be protected as an original work 
without prejudice to any work that is adapted 
or reproduced and the author of the cinematographic work is to enjoy the same 
rights as the author of any other work. Please refer to the Articles 13 and 16 of the Law on Copyright and Related Rights above. 
Article 14ter requires "droit de suite" in 
connection with subsequent sales works of art and manuscripts. Please refer to the Article 22of the Law on Copyright and Related Rights above.  
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Article 15 requires that ownership of a work, 
for purposes of litigation, be presumed to be 
that which appears on the work in the usual manner. Article 8. Subjects of copyright 
 
A subject of copyright is an author.  
A natural person named when publishing of the work whose name is marked on the manuscript or on the original of the work 
shall be considered the author.  
Article 33. Related Rights Notice 
 The origin and exercise of rela ted rights shall not be subject to compliance with any formality. The producer of a phonogram 
and the performer may, in order to public ize their rights, make use of a reserved related rights notice which should be placed 
on every copy or on every sleeve or inlay card of the phonogram and should consist of the following three elements: 1) a circled capital letter P: (P ); 
2) the name of the owner of the exclusive rights; 
3) the year of first publication of the phonogram. 
Article 16 requires that infringing copies of a work be subject to seizure whether 
domestically produced or imported.   Law on Copyright and Related Rights 
Article 47 
Violations of Copyright and Related Rights. Counterfeit Copies of Works and Phonograms 
 
Copies of a work or phonogram that are manufactured or distributed in violation of copyright or related rights shall be deemed 
counterfeit copies. Copies of works or phonograms protected in the Republic of Tajikistan under this Law that are imported into the Republic of 
Tajikistan from a State in which the said works or phonograms have never been protected or have ceased to be protected shall 
also constitute counterfeit copies. Any natural persons or legal entities that do not meet the requirements of this Law bear the responsibility according to the 
legislation.     
 Article 48 
Sanctions for the Protection of Copyright and Related Rights 
The owners of exclusive rights, whether copyright or related rights, may demand of the infringer of his rights: 1) recognition of the said rights; 
2) restoration of the situation obtaining prior to the infringement of the said rights and the cessation of the acts that infri nge or 
are liable to infringe them; 3) payment of damages, including loss of earnings; 
4) the surrender, in place of the payment of damages, of  revenue derived by the infringer from the infringement; 
5) the adoption of such other measures provided for in legislative texts as are recognized for the defense of his rights. The choice between the measures referred to in paragraph 3 - 4 of this Article shall be made by the owner of the copyright or 
related rights. 
Counterfeit copies of the work or phonogram, may be handed over on request to the owner of the copyright or related rights.  
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            Counterfeit copies of the work or phonogram shall be destroyed if the owner of the copyright or related rights has not 
demanded that they be handed over to him. 
 The Customs Code of the Republic of Tajikistan  
of 4 November 1995, 
Article 278  Removal of goods and means of transport across the customs border of the Republic of Tajikistan with the fraudulent use of 
document and means of identification 
 The removal of goods and means of transport across the customs border of the Republic of Tajikistan with the handing to the 
customs agency of the Republic of Tajikistan as documents necessary for the customs purposes, the forged, invalid documents 
or those got illegally or containing the inauthentic data or refe rred to other goods and means of transport as well as the use of 
false means of identification or authentic means of identificati on referred to other goods and m eans of transport except cases 
provided by Articles 279 and 282 of the present Code, entails the imposition of a fine from one hundred to three hundred 
percent of the cost of goods and means of transport being direct  objects of the breaking of th e law, with their confiscation or  
recovery of the cost of these goods and means of transport. 
Article 18 requires that  copyright protection 
be applied to all works which, at the moment 
Berne becomes effective, have not fallen into 
the public domain in the country of origin 
through the expiry of the term of protection. The Constitution of the Republic of Tajikistan  
of 6 November 1994 
Article 10 
 
Article 10. The Constitution of Tajikistan shall have supreme lega l force authority and its norms have direct affect. Laws and 
other legal acts that contradict the Cons titution shall be of no legal validity.  St ate and all its bodies, officials, citizens , and 
their association shall observe and comply wit the Constitution and laws of the republic.  
International legal documents recognized by Tajikistan shall be a component part of the legal system of the republic In case the republican laws do not stipulate to the recognized international legal documents, the rules of the international documents 
shall apply.  
Laws and international documents recognized by Tajikistan  shall come into force afte r their official publication. 
 
Law on Copyright and Related Rights 
Please also refer to the Article 2. 
Article 19 authorizes Union members to provide greater protecti on than that required 
by the Convention.  
Article 20 authorizes Union members to enter 
into special agreements  among themselves to 
provide more extensive rights than those 
provided by Berne.   
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Protect computer programs, whether in source 
or object code, as literary works under the 
Berne Convention.  Protect compilations of data, whether in machin e readable or other 
form are to be protected as intellectual 
creations if they constitute such.  Article 10. Please refer to Article 6 of the Law on Copyright and Related Rights above. 
Provide rental rights at least for computer 
programs and cinematographic works with 
certain exceptions.  Article 11. Please refer to Article 16 of the Law on Copyright and Related Rights above. 
 
Provide a term of protection of fifty years from the death of tile author (Berne Article 7.1 and TRIPS Article 9.1) or, for works the 
term of which is not measured by the life of 
the author, a term of 50 years from the end of the calendar year of authorized publication, 
or, if not published within fifty years from 
making, fifty years from the end of the calendar year of making.  Article 12. Please refer to Article 17 of the Law on Copyright and Related Rights above. 
 
Confine limitations and exceptions to 
exclusive rights to certain special cases, which 
do not conflict with a normal exploitation of 
the work and do not unreasonably prejudice 
the right holder's legitimate interests.  Article 13.   Article 19 
Reproduction of the Work for Personal Purposes without the Author's Consent and Without Payment of Remuneration 
 
The reproduction of a lawfully published work for exclusively personal purposes which shall apply insofar as the uses in 
question do not unjustifiably prejudice the normal exploitation of the work and do not without valid reason violate the legitimate interests of the author shall be authorized without need for the author's consent or payment of remuneration, except  
in the cases provided for in Article 39 of this Law. 
The provisions of paragraph 1 of this Article shall not apply: 1) to the reproduction of works of architecture in the form of comparable buildings and structures; 
2) to the reproduction of data bases or substantial parts of data bases; 
3) to the reproduction of computer programs, except in the cases provided for in Article 24 of this Law; 4) to the reproduction of books (in their entirety) and musical scores. 
The full text of the Law of RoT can be obtained from  the WTO Secretariat (see document WT/ACC/TJK/6/Add.1) 
 Article 20 
Use of a Work without the Author's Consent and Without Payment of Remuneration but provided that the name of the author 
and the source of the borrowing are mentioned 
 
The following shall be authorized without the author's consen t and without payment of remuneration, but provided that the 
name of the author whose work is used and the source of the borrowing are mentioned:  
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Page 32 TRIPS Agreement 
l) the quotation, in the original language or in translation, for scientific or for research, polemic, critical or informationa l 
purposes and to the extent justified by the intended purpose , of extracts from lawfully published works, including the 
reproduction of extracts from newspaper and magazine articles in press reviews; 2) the use of lawfully published works and of extracts from such  works for the purpose of illustration in publications, radio o r 
television broadcasts or sound or visual recordings of educational character, and to the extent justified by the intended 
purpose; 3) the reproduction in newspapers, the broadcasting or communication to the public by cable of articles lawfully published in 
newspapers or magazines on economic, political, social or religious topics, or of broadcast works of the same nature, insofar 
as the author has not expressly prohibited such reproduction, broadcast or cable communication; 
4) the reproduction in newspapers, the br oadcasting or communication to the public by cable of political speeches, addresses, 
lectures and other works of the same nature given in public, to the extent justified by an informational purpose. The author 
shall nevertheless retain the right to publish those works in collections; 5) the reproduction or communication to the public, in connection with the reporting of current events by means of 
photography, broadcasting or public cable communication, of works that are seen or heard in the course of such events, to the 
extent justified by an informational purpose. The author sha ll nevertheless retain the right to publish such works in collectio ns; 
6) the reproduction in Braille or by other special means for the benefit of the blind, done without gainful intent, of lawfully  
published works, with the exception of works creat ed especially for such means of reproduction. 
7) reprographic reproduction in one copy and without gainful intent: a) of a lawfully published work insofar as the reproduction is the work of a library or archiv e service and its purpose is to 
restore or replace lost or damaged copies, or  to place copies at the disposal of other libraries that for any reason have lost 
works from their own collections if it is impossible to get the copy by other way; 
b) of isolated articles or succinct works lawfully published in collections, newspapers or other periodical publications, or of  
short extracts from lawfully published writte n works (with or without illustrations), if  the reproduction is the work of a libr ary 
or archive service and it is done to meet th e requirements of natural persons who will make use of the copies so obtained for 
study or research purposes; 
c) of isolated articles or succinct works lawfully published in collections, newspapers or other periodical publications, or of  
short extracts from lawfully published written works (with or w ithout illustrations), if the reproduction is the work of an 
educational establishment and the copy obtained is intended for classroom use. 
 Please refer to Article 21 of the Law on Copyright and Related Rights above. 
 
Article 41 Limits of the Rights of the Performer, the Phonogram Producer and the Broadcasting or Cable Distribution Organization 
 
Notwithstanding the provisions of Article 34 to Article 37 and 40  of this Law, it shall be permissible, without consent from th e 
performer, the phonogram producer and the broadcasting or cable distribution organization, and without payment of 
remuneration, to make use of the performance or the broadcast or cabled program or the recording thereof, and to reproduce 
phonograms: l) for the inclusion in a report on curren t events of short extracts fr om the performance, the phono gram or the broadcast or  
  WT/ACC/TJK/10
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cabled program; 
2) for the sole purposes of teaching or scientific research; 
3) as a means of quoting, in the form of short extracts, from th e performance, the phonogram or the broadcast or cabled 
program, on condition that the quotation is for information purposes and on the understanding that a broadcasting or cable 
distribution organization may only, for the purposes of a broadcast or cabled program make use of copies of a phonogram 
published for commercial purposes if the provisions of Article 40 of this Law are respected; 4) in the other cases provided for in Article 19 to 21 of this Law for the limitation of the economic rights of the authors of 
literary, scientific and artistic works. 
Notwithstanding the provisions of Article 34 to Article 37 and 40  of this Law, it shall be permissible, without consent from th e 
performer, the phonogram producer and the broadcasting or cable distribution organization to make use of the broadcast or 
cabled program or a recording thereof, and also to reproduce the phonogram for personal purposes. Reproduction of the 
phonogram shall be permissible against payment of remuneration under Article 39 of this Law. The provisions of Article 34 to 37 of this Law concerning th e authorization of the performer, the phonogram producer and the 
broadcasting organization shall not be applicable to the making of  an ephemeral recording of a performance or program, to the 
reproduction of that recording or to the reproduction of a phonogram published for commercial purposes if the ephemeral recording or the reproduction is made by a broadcasting organization using its own equipment and facilities and for the 
purposes of its own broadcasts, on condition that: 
l) the broadcasting organization has obtained prior authorization to broadcast the performance or the program of which an ephemeral recording is made or performed; 
2) the ephemeral recording is destroyed within the period laid down for ephemeral recordings of  literary, scientific and artist ic 
works made by broadcasting organizations under the provisions of paragraph 4, Article 21 of this Law; however, a single copy 
may be preserved in official archives if  it is of purely documentary character. 
The application of the limitations provided for in this Article  shall not prejudice either the normal exploitation of the 
phonogram, the performance or the program broadcast or transmitted by cable, or recordings thereof, or the normal 
exploitation of the literary, scientific or artistic works incorp orated therein, and it shall lik ewise not prejudice either the  
legitimate interests of the performer, the phonogram producer or the broadcasting or cable distribution organization or those o f 
the authors of the works in question.  
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Provide performers with the right for 50 years 
from the date of a performance to prevent 
unauthorized fixation of their unfixed performances and of reproductions of such 
fixations and to prevent the unauthorized 
broadcast by wireless means and communication to the public of their live 
performances.  Article 14.1 and 5. Article 42 
Term of related Rights 
 The rights of the performer under this Law shall have effect for 50 years following the first performance.  
The performer's rights to be named and to have the performance protected against any distortion or other derogatory act, laid 
down in Article 34 of this Law, shall be protected  without limitation in time, but are not inheritable. 
The rights of the phonogram producer under this Law shall have  effect for 50 years following the first publication of the 
phonogram, or for 50 years following the first recording thereof if it has not been published in the course of that period. 
The rights of the broadcasting organization under this Law sha ll have effect for 50 years following the date of the first 
broadcast effected by the organization. 
The rights of a cable distribution organization under this Law shall be protected for 50 years following the date of the first 
cable transmission made by the organization. Any period under this Law shall be calculated as from January 1 of the year following that in which the legal act occurred that  
marks the starting point of the period. 
The right to authorize the use of the performance, phonogram or broadcast or cabled program and the right to remuneration shall pass to the heirs (in the case of a legal entity, to the successors in title) of the performer, phonogram producer or 
broadcasting or cable distribution organization for the duration of the non-elapsed portion of the terms specified in this 
Article. 
Provide phonogram producers with the right 
for 50 years from the date of first authorized 
fixation to prohibit unauthorized reproduction of their phonograms, directly or indirectly, 
and to prohibit rental of copies of their 
phonograms once sold or otherwise distributed.  Article 14.2, .4, and .5. Article 35 
Rights of the Phonogram Producer 
 Except as provided in this Law, the phonogram producer shall enjoy the exclusive right to exploit his phonogram in any form, 
including the right to remuneration for every such form of use. 
The exclusive right to exploit the phonogram shall mean the right to perform or authorize the following acts: 1) reproduction of the phonogram; 
2) adaptation or any other transformation of the phonogram; 
3) distribution of copies of the phonogram, for instance by sale or rental; 4) importation of copies of the phonogram for the purposes of di stribution, including copies made with the authorization of the  
producer of the phonogram in question. 
Where copies of a lawfully published phono gram have been placed on the market by  sale, their subsequent distribution may 
take place without the consent of the pro ducer of the phonogram and without payment of remuneration. The right to distribute 
copies of the phonogram by rental shall belong to the phonogram producer independently of the ownership of the said copies. 
The phonogram producer may assign or license the exclusive rights under paragraph 2 of this Article to third parties by contract. 
 
Please also refer to the Article 42 of the Law on Copyright and Related Rights above.  
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Providing broadcasting organizations with the 
exclusive rights for 20 years of fixation, 
reproduction of fixations, and rebroadcasting by wireless means of their broadcasts and the 
communication to the public of broadcasts of 
their broadcasts or provide to the owners of the copyright in the material broadcast the 
possibility of exercising such rights.  Article 
14.3 and 5. Please refer to the Article of the Law on Copyright and Related Rights 42 above. 
 
Trademarks Citation to appropriate law 
Provide trademark or se rvice mark protection 
for any sign, or combination of signs capable 
of distinguishing the goods or services of one 
undertaking from those of other undertakings.  Article 15.1 Law of the Republic of Tajikistan on Trade And Service Marks 
Article 1. Trademark and service mark 
A trademark and a service mark (hereinafter referred to as "t rademark") shall be designations , registered in accordance with 
the established procedure, capable of distinguishing the goods an d services of some legal entities or natural persons from the 
similar goods and services (hereinafter referred to as  "goods") of other legal entities or natural persons. 
Article 5. Kinds of trademarks 
1. Verbal, figurative, three-dimensional and other designations  or their combinations may be registered as trademarks. 
2. A trademark may be registered in any colour or combination of colours. 
Not deny registration for a mark based solely 
on the nature of the goods or services to 
which a trademark is to be applied.  Article 
15.4. The Law of the Republic of Tajikistan on Trade And Service Ma rks does not restrict the regi stration of a trademark on the 
grounds of the nature of the goods to which a trademark is applied. 
Trademarks must be published before or 
shortly after registration to permit opposition or opportunity to apply for cancellation.  
Article 15.5. Article 18. Publication of information about registration 
Information related to the registration of a trademark and entered in the Register under the provisions of Article 15 of this L aw 
shall be published by the State Service of the Republic of Tajikistan for Protection of Inventions and Registration of 
Trademarks and Service Marks in the Official  Gazette within six months from the date of the registration of a trademark in the 
Register. The publication of all subsequent changes in the information re lated to the registration of a trademark shall also be made.  
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Page 36 TRIPS Agreement 
Provide trademark owners the exclusive right 
to prevent unauthorized use of identical or 
similar marks for similar goods or services of other parties if confusion is likely to result.  
Article 16.1 Article 4. Exclusive right in a trademark 
1. The owner of a trademark shall have the exclusive right to us e the trademark and dispose of it, as well as the right to forb id 
using the trademark by other persons. No person may use a trademark protected in the Republic of Tajikistan without authorization from its owner. 
2. Any unsanctioned action referred to in Article 24 (1) of this Law, as well as importation, offering for sale and other 
introduction into the market of the goods  designated by a trademark protected in  the Republic of Tajikistan, shall be 
recognized as infringement of th e right of the trademark owner. 
Article 24. Use of a trademark an d consequences of its non-use 
1. Use of a trademark shall be understood to mean its use on the goods in respect of which it has been registered or on packaging thereof by the owner of a trademark or a person to whom such right has been conferred under a license agreement 
in accordance w ith Article 27 of this Law. 
Use may also be understood to mean the use of a trademark in advertising, printed publications, on signboards, on exhibits 
displayed at exhibitions and fairs organized in the Republic of Tajikistan, where there are valid reasons for non-use of the 
trademark on goods or  packaging thereof. 
Article 32. Responsibility for violation of the rights of the owner of a trademark 
1. The use of a trade mark in violation of this Law, or the use of a designation similar to a trademark in respect to similar 
goods, or any other actions detrimental to its owner or to consumers shall entail civil responsibility in accordance with the 
current legislation. 2. A person illegally using a trademark, on demand of the owne r of the trademark shall be obliged to stop its use and to 
compensate for the losses incurred. 
Presume confusion where an identical mark is 
used without authorization on identical goods 
or services.  Article 16.1. Article 32. Responsibility for violation of the rights of the owner of a trademark 
1. The use of a trade mark in violation of this Law, or the use of a designation similar to a trademark in respect to similar 
goods, or any other actions detrimental to its owner or to consumers shall entail civil responsibility in accordance with the 
current legislation. 2. A person illegally using a trademark, on demand of the owne r of the trademark shall be obliged to stop its use and to 
compensate for the losses incurred. 
Provide protection for well know trademarks 
and service marks in accordance with Article 6bis, of the Paris Convention, even where use 
is on goods or services which are not similar 
to those in respect of which a trademark is registered if the latter use would imply a 
connection with the right holder or would be 
likely to damage the right holder's interests.  Article 16.2 and .3. Article 7. Other grounds for refusal of registration 
1. The following designations shall not be registered as trad emarks if they are identical with or confusingly similar to: 
- {…}; 
- trademarks of other persons protected without registration by virtue of international treaties of which Tajikistan is a membe r; 
 Provisions for protection of well-known marks are included in the proposed amendments to the Law of the Republic of 
Tajikistan on Trade And Service Marks  
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Allow only limited exceptions to the rights 
conferred by a trademark such as fair use of 
descriptive terms.  Article 17. Such designations may be included as unprotected elements in the trademark 
Article 6. Absolute grounds for refusal of registration 
1. No registration shall be allowed for the trademarks consisting only of designations: - {…}; 
- that represent armorial bearings, flags and emblems; official names of states; emblems, denominations or abbreviations of 
denominations of international intergovernmental organizations; official signs and hallmarks of control and warranty; seals and stamps; decorations; religious and other distinguishing signs . Such designations may be included as unprotected elements 
in the trademark provided the consent of  the appropriate competent authority or that of the trademark owner has been 
obtained; Article 7.Other grounds for refusal of registration 
1. The following designations shall not be registered as trad emarks if they are identical with or confusingly similar to: 
- {…}; - {…}; 
- {…}; 
- appellations of origin protected in the Republic of Tajikist an, except for the cases where th ey are incorporated as a non-
protected element in a trademark being registered in the name of a person entitled to use such appellation. 
Provide a period of protection for registration 
of at least seven years, renewable indefinitely.  
Article 18. Article 16. Duration of registration 
1. A trademark registration shall have a validity of ten years co unting from the date of filing of the application with the Sta te 
Service of the Republic of Tajikistan for Protection of Inventions and Registration of Trademarks and Service Marks. 
2. The period of validity of a trademark registration may be renewed at the request of the owner filed within the final year of  
the period of validity, each time for another ten years. 
Upon request of the owner for renewal of the registration of a trademark he may be granted a grace period of six months 
counted from the expiration date of the registration of the trademark, provided that the prescribed additional fee has been pai d. 
3. A record of renewal shall be entered in the Regist er and on the certificate of a trademark registration. 
Allow cancellation for non-use only after a 
period of three years of uninterrupted non-use 
unless valid reasons exist for the non-use, 
including government inte rference with use.  
Article 19.1. Article 24. Use of a trademark an d consequences of its non-use 
1. {….} 
2. {….} 
3. The registration of a trademark may be invalidated prematurely in whole or in part on the ground of the Court’s decision made on a petition of an interested legal entity or natural pers on, in connection with non-use of the trademark for a continuou s 
period of five years counted from the date of registration, or  for a period of five years preceding the filing of such a petiti on. 
On resolving the question of the premature invalidation of the registration of a trademark in connection with its non-use the proof presented by the owner of a trademar k of the fact that the trademark was no t used on the circumstances beyond his 
control may be taken into consideration.  
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No encumbering of the use of a trademark by 
special requirements.  Article 20. Article 24. Use of a trademark an d consequences of its non-use 
1. Use of a trademark shall be understood to mean its use on the goods in respect of which it has been registered or on 
packaging thereof by the owner of a trademark or a person to whom such right has been conferred under a license agreement in accordance w ith Article 27 of this Law. 
Use may also be understood to mean the use of a trademark in advertising, printed publications, on signboards, on exhibits 
displayed at exhibitions and fairs organized in the Republic of Tajikistan, where there are valid reasons for non-use of the trademark on goods or  packaging thereof. 
2. Legal entities or natural persons engaged in commercial inte rmediation shall have the right to use their own trademarks 
along with that of the producer of goods or services, or instead  of the trademark of the latter,  on the basis of the agreement 
between them. 
May establish conditions for licensing but 
compulsory licensing not permitted and owner 
of registered mark must be able to assign it with or without transfer  of business.  Article 
21. Article 26. Assignment of a trademark 
A trademark may be assigned by the owner of the trademark to a natural person or legal entity under an agreement in respect 
of all or part of the goods for which it has been registered. Assignment of a trademark shall not be allowed if it can be a reason for deception of consumers in respect of the good or its 
manufacturer. 
Article 27. Assignment of a trademark The right to use a trademark may be granted by the owner of a trademark (the licenser) to another person (the licensee) under 
a license agreement. 
A license agreement must contain a clause that the quality of the goods of the licensee will not be lower than the quality of t he 
goods of the licenser, and that the licenser shall exert control over the observation of this clause. 
Article 28. Registration of an agreement on the assignment of a trademark and licensing agreement 
An assignment agreement and a licensing agr eement shall be registered in the State Se rvice of the Republic of Tajikistan for 
Protection of Inventions and Registration of Trademarks and Serv ice Marks. Without this registration they shall be considered 
invalid.  
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Geographical Indications Citation  to appropriate law or laws 
Provide means to prev ent deceptive use of 
Geographical indications identifying location 
where a given quality, reputation or other characteristic of a good is attributable to its 
location.  Article 22.1 and 2. 
Refuse to register or invalidate registrations of trademarks containing geographical 
indications except in instances in which such 
marks have been used continuously for at least 10 years or in good faith before 15 April 
1994.  Article 22.3 Law of the Republic of Tajikistan “On competition and re striction of monopoly activity on commodity markets” 
Article 7. Forms of unfair competition 
Unfair competition shall not be allowed including: {…}; 
deception of consumers in respect of the character, method and place of production, consumer’s prop erties and quality of the 
goods;  
Draft Law of The Republic of Tajikistan on Geographical Indications 
Article 2. Provision of legal protection to geographical indications 3. Legal protection of an indication of source shall be provided on the basis of the use of the indication 
Legal protection of an indication of source shall consist in n on-admission of the use of deceptiv e (false) indications of sourc e 
and also of indications that are capable of confusin g consumers in respect of true origin of the good. 
Article 7. Registration of an appellation of  origin and issuance of a certificate of th e right to use an appellation of origin 
1. The following designations shall not be registered as trad emarks if they are identical with or confusingly similar to: 
- {…}; - {…}; 
- {…}; 
- appellations of origin protected in the Republic of Tajikist an, except for the cases where th ey are incorporated as a non-
protected element in a trademark being registered in the name of a person entitled to use such appellation. 
Protect against use of geographical indications 
even when literally true but which falsely represent that the good s originate in another 
territory.  Article 22.4 Article 5. Examination of an application 
1-6. {…}. 7. On the application being accepted for consideration the examination of the clai med designation shall be carried out during 
which it shall be established whether the claimed designation is a name of a country, settlement, location or geographical 
object used for designation of the good, the specific quality and features of which are essentially or exclusively defined by 
characteristic for the given geographical object natural conditions  or other factors or by a combination of natural conditions 
and these factors.  
Article 13. Use of a geographical indication 1. The use of an appellation of origin shall be considered its application on a good and packaging, in advertising, pamphlets, 
invoices, and also in other forms linked to the introduction of the good into the economy. 
2. The use of a registered appellation by  persons who do not possess an appropriate certificate, even if the genuine place of 
origin of a good is indicated or an appellation is used in translation or in combination with such expressions as "sort", "kind ," 
"type," "imitation," and the like, shall not be permitted, just as the use of an identical designation for any good which may 
mislead the user as regards the place of origin and sp ecial features of the good  shall not be allowed.  
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Protect, with certain exceptions, appellations 
or origin for wines and spirits even against use 
accompanied by expressions such as 'kind," type," "style," etc.  Article 23.1 and 24. Article 13. Use of a geographical indication 
1. {…}. 
2. The use of a registered appellation by  persons who do not possess an appropriate certificate, even if the genuine place of 
origin of a good is indicated or an appellation is used in translation or in combination with such expressions as "sort", "kind ," 
"type," "imitation," and the like, shall not be permitted, just as the use of an identical designation for any good which may 
mislead the user as regards the place of origin and sp ecial features of the good  shall not be allowed. 
Refuse or invalidate, w ith certain exceptions 
trademark registrations containing 
geographical indications for wines and spirits 
if they do not originate in the place named.  Article 23.2 and 24. Law of the Republic of Tajikistan on Trade And Service Marks 
Article 7. Other grounds for refusal of registration 
1. The following designations shall not be registered as trad emarks if they are identical with or confusingly similar to: 
- {…}; - {…}; 
- {…}; 
- appellations of origin protected in the Republic of Tajikist an, except for the cases where th ey are incorporated as a non-
protected element in a trademark being registered in the name of a person entitled to use such appellation. 
Industrial Designs Citation to appropriate law 
Provide, with certain exceptions, protection 
for new or original, independently created 
industrial designs.  Article 25.1. Law of The Republic of Tajikistan on Industrial Designs 
Article 5. Conditions of patentability of an industrial design 
In accordance with this Law an artistic and design solution of an article, defining its outward appearance shall be protected a s 
an industrial design. An article shall mean an object of indust rial or handicraft manufacturing. 
An industrial design shall be granted legal protection if it is new and original. 
{…} 
{…} 
{…} {…} 
{…} 
The following shall not be recognized as patentable industrial designs:  
solutions that are determined exclusively by the technical function of an article;  
solutions that relate to architectural works (with the exception of minor architectural forms) a nd industrial, hydrotechnical a nd 
other stationary structures;  solutions that relate to printed matter as such;  
solutions that relate to subject matter of unstable shape such as liquids, gaseous and dry substances and the like;  
articles that are contrary to the public interest, humanitarian principles or morality.  
Ensure that requirements for securing protection for textile designs are not 
prohibitive of such protection.  Article 25.2. Protection for textile designs (Art. 25.2, TRIPS) is provided by  Article 6.7 of the Law of the Republic of Tajikistan on 
Copyright and Neighbouring Rights.  
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Protection should last at least 10 years.  Artic le 6. Legal protection of an industrial design 
The patent for an industrial design shall have a term of ten years beginning on the date of filing of the application for the g rant 
of a patent. The duration of the patent shall be renewed by the Patent Office at the request of the patent holder, but not more  
than for five years. 
Patents Citation to appropriate law 
Provide patents for any inventions, whether 
products or processes, in all fields of 
technology if they are new, involve an 
inventive step and are industrially applicable.  
Exceptions are permitted for plants and 
animals, except for microorganisms and non-biological and microbiological processes.  
Exemptions are also permitted for reasons of 
ordre public and morality.  Article 27. Law of The Republic of Tajikistan on Inventions 
Article 6. Conditions for patentability of an invention 
A technical solution shall be recognized as an invention and gran ted legal protection, if it is new, involves an inventive step  
and is industrially applicable. 
{}. 
{}. {} 
{} 
The subjects of an invention may be a device,  a process, a substance, a microorganism strain or plan t or animal cells and also 
the use of these subjects with a new purpose. 
The following shall not be regarded as inventions within the meaning of the provisions of this Law 
- scientific theories and mathematical methods; - method of organization and management of economy; 
- conventional signs, schedules, rules; 
- rules and method for performing mental acts; 
- algorithms and programs for  computers 
- projects and lay-out design of constructions, buildings and territories; - proposals concerning solely the outward appearance of manufactur ed articles and intended to sa tisfy aesthetic requirements;  
The following shall not be recognized as patentable within the meaning of the provisions of this Law: 
- layout designs of integrated circuits; - plant varieties and animal breeds; 
- proposals contrary to public interests, principles of humanity and morality.  
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Provide patent owners with the right to 
prevent others from making, using, offering 
for sale, selling or importing a patented product or from using a patent process or 
using, offering for sale, selling or importing a 
product produced directly using such process.  Article 28.1. Article 26. Rights of a patent owner 
A patent owner shall have an exclusive right to use the invention protected by a patent or a petty patent including the right t o 
manufacture, use, import, sell and in any other way put in commercial use, or store for this purpose a product containing the invention protected by a patent or petty patent, the right to apply a process protected by a patent or petty patent for the 
invention, and also the right to prohibit use of the above inventions by other persons, except in the cases where such use, in 
accordance with this Law, do es not constitute an infringement of the patent owner’s exclusive right. 
A product shall be deemed incorporating an invention protected by a patent or a petty patent and a process protected by a 
patent or a petty patent for invention shall be deemed used, if the product incorporates and the process uses every feature of 
such invention included in its independent claim or an equivalent feature, which b ecame known as such in the given area of 
technology, respectively, prior to the use date. 
Placing on the market or storage for this purpose of a product pr oduced directly by the process pr otected by a patent or a pett y 
patent shall also be recognized  as the use of the process. 
Give patent owners the right to assign the 
rights in the patent, or transfer the rights by 
succession, or license them.  Article 28.2 Article 27. Grant of the right to use an invention 
Any person, other than the patent owner, shall have the right to  use an invention protected by a title of protection only under  
an authorization of its owner on the basis of a license contract. 
Under a license contract, the patent owner (licensor) shall agree to grant the right to use the protected object, to the extent  
specified in such contract, to another party (licensee), while the licensee shall agree to perform all actions as may be stipul ated 
in the contract. 
Under an exclusive license contract, the licensee shall be assi gned an exclusive right to use the invention to the extent 
stipulated in the contract, while the licensor shall retain the right to use it, but other than to the said extent. 
Under a non-exclusive license, the licensor, while granting the right to use the invention to the licensee, shall retain all ri ghts 
confirmed by the title of protection, including the right to grant licenses to third parties. 
A license contract shall be subject to re gistration with the Patent Office and shall be deemed invalid without such registratio n. 
Require applicants to disclose the invention so 
that one skilled in the art can carry it out and may require indication of the best mode and 
information on corresponding foreign 
applications.  Article 29. Article 12. Application 
An application for an invention shall relate to a single invention or a group of inventions, so linked as to form a single inventive concept (requirement for unity of invention). 
An application shall contain: 
a request for the grant of a title of protection with an indicat ion of the title of the invention, the author(s) thereof and pe rson(s) 
in whose name the title of protection is requested, as well as their places of  residence or business; 
a description of the invention disclosing it fully enough for a person skilled in the art to carry it out;  
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Ensure that any exceptions to exclusive patent 
rights do not unreasonably conflict with 
normal exploitation of the patent and do not unreasonably prejudice the legitimate interests 
of the patent owner, taking third party 
interests into account.  Article 30. Article 30. Actions not recognized as an infringement of an exclusive right 
The following actions shall not be deemed infringements of a patent owners' exclusive right: 
- use of the devices incorporating inventions protected by patent s or petty patents in the construction or operation of (land, air, 
water) vehicles of other countries if such vehicles entered the territory of the Republic of Tajikistan on a temporary basis or  by 
accident and such devices are used  for the needs of a vehicle. No such action sh all be deemed to constitute an infringement of 
the patent owner's exclusive rights, provided that the vehicl es concerned are owned by natural persons or legal entities of 
countries granting reciprocal rights to vehicle owners of the Republic of Tajikistan. 
- scientific research or experiments invo lving devices incorporating inventions;  
- use of the devices incorporating inventions, in force majeure circumstances (natural disasters,  catastrophes, major accidents ) 
with subsequent payment of commensurate compensation to the patent owner;  
- use of the devices incorporating an invention for needs without aiming to derive any income; 
- one-time production of medicines in pharmacies on a doctor's prescription; and  - use of the devices incorporating inventions protected by titles of protection if such devices were put to commercial use on a  
lawful basis in accordance with the rights granted by a patent owner. 
Article 31. Right of prior use Any natural person or legal entity that, before the priority date  of the invention, created and made use on the territory of th e 
Republic of Tajikistan of an identical invention developed independently of the author or made appropriate preparations for 
such use shall retain the right to continue using such inven tion free of charge, unless the scope of such use is increased. 
The right of prior use may be assigned to another natural person or legal entity, but only together with the production 
operations which involved the use of such identical invention or necessary preparations for such use. 
Compulsory licenses can be issued only when 
enumerated conditions are met, including such 
things as notice, remuneration, limitations on 
use and transfer of the license, etc.  Article 3 1. Article 28. Compulsory license 
The patent owner shall be obliged to use the invention. In the event that an invention remains unused or insufficiently used by  
the patent owner for five years after the date of publication of  the grant of a title of protection, any person willing and rea dy to 
use the invention may, if the patent owner refuses to enter into a license contract with such party on such terms and condition s 
as are consistent with prevailing practice, go to court to demand the grant thereto of a compulsory license to use such 
invention. 
If the owner of a title of protection fails to prove that he made no or insufficient use of the invention for a valid reason, t he 
court shall make a decision on th e grant of a compulsory license  
Where a compulsory license is granted on the basis of a court finding, such license shall set limits on the use of the inventio n 
the title of protection for which is owned by the other person to  the extent which may be necessa ry to use the invention owned 
by the person who demanded that grant of  such compulsory license, and shall pres cribe the amount of royalties, as well as 
time periods and procedures for their payment. 
For national security reasons and in fo rce majeure circumstances (natural disa sters, catastrophes, major accidents) the 
Government of the Republic of Tajikistan shall have the right to authorize the use of an invention subject to payment of a 
commensurate compensation to the patent owner, whereby the scope and duration of use of the patented invention shall be 
limited to the purpose for which it was authorized A compulsory license shall be non-exclusive; it may not be reassigned to another person. Disputes arising as a result of such 
use shall be settled by the court.  
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Provide an opportunity fo r judicial review of 
decisions to revoke or forfeit a patent.  Article 
32. Article 32. Opposition to a title of protection 
A title of protection may be contested and invalidated, fully or partially, by any person at any time during its term in the 
following circumstances:: - the invention does not comply with the conditions for patentability prescribed by Article 6 of this Law;  
- the claims of the invention include such  features as were absent from the orig inal specifications  of the application; 
- the title of protection wrongly names the author(s) or the patent owner(s). An opposition to the grant of a title of protection on the grounds listed in paragraphs one and two of part 1of this Article sh all 
be filed with the Appeal Board an d considered within 6 months of the date of its  receipt. In this case the patent owner shall b e 
acquainted with the opposition. In the event of disagreement with the decision of the Appeal Board on opposition to a patent or a petty patent any party may 
start a court action. 
Article 37. Consideration of disputes Disputes over the infringement of the legal protection of inventio ns shall be considered by the Appeal Board within the limits 
of its competence. 
In the event of disagreement with the decision of the Appeal Board any party shall have the right to apply to the court. 
Provide a patent term of  at least 20 years from 
the filing date.  Article 33. Article 4. Titles of protection 
The right in an invention shall be protected by the State and sh all be certified by a patent or petty patent (hereinafter “titl es of 
protection”). 
A patent for an invention shall be granted following an examination of the substance of an application for the grant of a paten t 
and shall be valid for 20 years, starting from the da te of filing the application with the Patent Office. 
Shift the burden of proof in process patent 
infringement actions to the defendant in instances in which the product produced by 
the process is new or where it is substantially 
likely that the identical product was made using the process and the patent owner has 
been unable through r easonable efforts to 
determine the process used.  Article 34. Article 5. Legal protection of inventions 
{…}. The effect of a title of protection granted for a production pro cess shall extend to the product directly obtained from the 
process. The new product shall also be deemed to be obtained from the patented process, in the absence of proof to the 
contrary. Article 26. Rights of a patent owner 
A product shall be deemed incorporating an invention protected by a patent or a petty patent and a process protected by a 
patent or a petty patent for invention shall be deemed used, if the product incorporates and the process uses every feature of such invention included in its independent claim or an equivalent feature, which b ecame known as such in the given area of 
technology, respectively, prior to the use date.   
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Integrated-Circuit Layout Designs Citation to appropriate law 
Provide protection for original layout designs 
of integrated circuits that are registered or 
have been commercially exploited anywhere in the world.  Articles 3, 4, 5, and 7 of the 
Washington Treaty as incorporated into 
TRIPS by Article 35. At present the legal protection of this object of industrial proper ty is unavailable in the Republic of Tajikistan. The Law on 
Lay-out Designs of Integrated Circuits will be drafted. 
CIVIL CODE OF THE REPU BLIC OF TAJIKISTAN 
(Part III.) 
Article 1126. Objects of intellectual property right 
The objects of intellectual property right shall be: 1) the results of intellectual creative activity: 
- {…}; 
- {…}; 
- {…}; 
- {…}; - lay out designs of integrated circuits; 
Undisclosed Information Citation to appropriate law or laws 
Provide protection for undisclosed 
information that is secret (not generally 
known or readily ascertainable); has commercial value because of its secrecy, and 
has been subject to reas onable steps to keep it 
secret. Article 39.2 Law on competition and restriction of monopoly activity on commodity markets 
 
Article 10. The right of access to information  
Employees, authorized by the state antimonopoly body to perform functions assigned to them, have the right of unimpeded 
access on the basis of the demand of the stat e antimonopoly body to state controls, local executive authority bodies, and also 
enterprises and their unions and other organizations and establishments for acquaintance with necessary documentation. 
 
Enterprises (their heads), state controls, bodies of local executive authority (their officials), citizens, including individua l 
entrepreneurs, are obliged on the demand of the state antimonopoly body to submit  authentic documents and information, 
necessary for implementation of the legal activity of the state antimonopoly body. 
 Data, of trade secret that is received by  the state antimonopoly body on the basis of parts 1 and 2 of the present article, are  not 
subject to disclosure.  
 In case of disclosure of information of  trade secret by employees of the stat e antimonopoly body the damage caused is 
compensated in compliance with the civil legislation 
  
CIVIL CODE OF THE REPU BLIC OF TAJIKISTAN 
CHAPTER 55  
1. General Provisions 
Article 1077. General Bases of Liability for the Causing of Harm   
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1. Harm caused to the person or property of  a citizen and also harm caused to the pr operty of a legal person and the state by 
illegal action (omission) shall be subject to compensation by the person who has caused the harm in full measure. 
A statue my place an obligatio n for compensation for harm on a person wh o is not the person that caused the harm. 
A statue or contract may establish an increased liability for the person who has caused the harm or a larger amount of 
compensation. 
2. The person who has caused the harm is freed from compensation for the harm if it shows that the harm was caused not by its fault. A statue may provide for compensation for the harm even in the absence of fault of the person who caused the harm. 
3. Harm caused by lawful actions shall be subject to compensation in the cases provided by a statue.  
 Further legislation will be prepared in the course of the ne gotiation for the accession of the Re public of Tajikistan to WTO in  
order to fulfil the requirements  of the TRIPS Agreement    
Protect data submitted to obtain marketing 
approval for pharmaceuti cal or agricultural 
chemicals utilizing a new chemical entity. 
Article 39.3   
Enforcement Citation to appropriate law or laws 
Provide for effective action against 
infringement of intellectual property rights without creating barriers to legitimate trade or 
opportunity for opportunities for abuse. 
Article 41.1  Legislation in full conformity with the requirements of the provisions of the TRIPS Agreements on Enforcement of 
Intellectual Property Ri ghts will be elaborated in the course of the accession process. 
 
 
 
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