IP/N/1/TJK/G/1  
 
27 February 2014  
(14-1201)  Page: 1/7  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF TAJIKISTAN  
The present document reproduces the text1 of the Law on Geographical Indications2, as notified by 
the Republic of Tajikistan on 18 February 2014 und er Article 63.2 of the Agreement (see document 
IP/N/1/TJK/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
R
ÉPUBLIQUE DU TADJIKISTAN  
Le présent document contient le texte1 de la Loi sur les indications géographiques2, notifiée par la 
République du Tadjikistan le 18 février 2014 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/TJK/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
REPÚBLICA DE TAYIKISTÁN  
En el presente documento se reproduce el texto1 de la Ley de indicaciones geográficas2, notificado 
por la República de Tayikistán el 18 de febrero de 2014 en virtud de lo dispuesto en el párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/1/TJK/1). 
                                               
1 In English only./En anglais seulement./En inglés solamente.   
2 The texts in green are amendments made in the process of Tajikistan's accession to the WTO./Les 
passages en rouge et en vert correspondent aux modifications faites au cours du processus d'accession du 
Tadjikistan à l'OMC./Los pasajes en rojo y verde corre sponden a las modificaciones introducidas durante el 
proceso de adhesión de Tayikistán a la OMC. IP/N/1/TJK/G/1 
 
- 2 - 
 
  LAW 
OF THE REPUBLIC OF TAJIKISTAN 
«ON GEOGRAPHICAL INDICATIONS» 
 
This Law shall govern relations arising in connection with the legal protection and use of 
geographical indications of origin of goods in the Republic of Tajikistan. 
 
 
SECTION 1. 
GENERAL PROVISIONS 
 
Article 1.  Basic terms 
The basic terms used in this Law are as follows: - geographical object – shall mean a territory with officially defined borders, in particular, a 
country, a region as a part of a country, a settlement, a locality; 
- a geographical indication – shall mean an indication which identifies a good as originating 
in the territory of a country, or a region or locality in that territory, where a given quality, 
reputation or other characteristic of the goods is essentially attributable to its geographical origin. 
The term "geographical indication" shall include the term "appellation of origin" and the term "indication of source"; 
- application – shall mean a set of documents necessary for registration and for acquiring 
the right to use an appellation of origin or for acquiring the right to use an appellation of origin 
already registered; 
- applicant – shall mean a natural person or a legal entity which filed an application with the 
authorized body for registration and grant of the right to use an appellation of origin; 
- competent authority – shall mean a state au thority empowered to establish borders of a 
geographical object where the good is produced, the specific quality and features of which are 
essentially or exclusively determined by natural conditions specific to a given geographical object 
or other factors (by a combination of natural conditions and these factors), with which some of the characteristics of the good are connected; 
- appellation of origin shall mean the denomination of a country, region, locality, or any 
other geographical object, which serves to design ate a product originating therein, the quality or 
characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors. A historical name of a geographic object may be an 
appellation of origin; 
- an indication of source shall mean designation directly or indirectly indicating a 
geographical place of origin or of production of a good. An indication of source may be represented 
as a name of the geographical object or an image. 
 
Article 2. Legislation of the Republic of  Tajikistan on Geographical Indications 
The legislation of the Republic of Tajikistan on  geographical indications shall be based on the 
Constitution of the Republic of Tajikistan and sha ll consist this Law and other legislative acts of the 
Republic of Tajikistan, as well as international legal acts recognized by Tajikistan.  
Article 3. Authorized State body and its competence 
Implementation of the state policy and function s in the field of legal protection of the 
topologies of integrated circuits stipulated by this Law shall be entrusted to the Authorized State 
Body. The Authorized State Body shall be appo inted by the Government of the Republic of 
Tajikistan. 
In cases stipulated by this Law, the Auth orized State Body, in accordance with its 
competence, shall issue regulatory legal acts on the application of this Law. 
The Authorized State Body shall set up an Appeal Board, which in compliance with its 
Statute shall consider the issues attributed to its competence by this Law.  
SECTION 2. 
GEOGRAPHICAL INDICATIONS AND THEIR LEGAL PROTECTION 
 
Article 4. Designations not recogniz ed as an appellation of origin 
A designation shall not be recognized as an appellation of origin if it represents or includes a 
name of a geographical object, but is commonly used in the Republic of Tajikistan as a designation for a certain type of a good which is not associated with the place of its production. 
 IP/N/1/TJK/G/1 
 
- 3 - 
 
  Article 5. Indication of source 
An indication of source may be represented in the form of a verbal designation, containing a 
name of a geographical object, or as a figurative representation.  
Article 6. Legal protection of  an appellation of origin 
Legal protection of an appellation of origin in the Republic of Tajikistan shall originate from 
its state registration in accordance with the procedure prescribed by this Law or by virtue of 
international legal acts recognized by the Republic of Tajikistan. 
An appellation of origin may be registered jointly by one or more natural persons or legal 
entities. A person who has registered an appellation of origin shall be entitled to use the same if the goods produced by such person meet the requirements set out in this Law. 
The right to use the same appellation of orig in may be granted to any natural person or 
legal entity located in the same geographical object and producing goods with the same basic 
properties. 
The registration of an appellation of  origin shall be valid indefinitely. 
 
Article 7. Legal protection of an indication of source 
Legal protection of an indication of source shall be realized on the basis of use of the 
indication of source. 
Legal protection of an indication of source shall consist in non-admission of use of false 
indications of source, as well as of indications capable of confusing consumers in respect of the 
true place of origin of the good. 
An indication of source shall not be subject to the State registration. 
 
SECTION 3. 
REGISTRATION AND GRANT OF THE RIGHT TO USE AN APPELLATION OF ORIGIN 
 
Article 8. An application and procedure for its filing 
An application shall be filed with the Authoriz ed State Body by a natural person(s) and/or 
legal entity (ies) either independently or through a patent attorney. 
Natural persons permanently residing outside the Republic of Tajikistan, or foreign legal 
entities or their representatives shall deal with the Authorized Body through patent attorneys 
authorized by a power of attorney and who obta ined the right to perform as patent attorneys 
according to the legislation of the Republic of Tajikistan 
An application shall relate to a single appellation of origin. 
An application shall contain: - a statement requesting the registration and grant of the right to use an appellation of 
origin or the grant of the right to use an appellation of origin already registered, naming the 
applicant(s) and its/his (their) location(s) or domicile(s); 
- the claimed designation; - an indication of a good for which the registration and grant of the right to use the 
appellation of origin or the grant of the right to use the appellation of origin already registered is 
sought; 
- an indication of the place of origin of the good (borders of the geographical object); 
- a description of the special properties of the good. 
An application shall be filed in the official language. An application shall be signed by the applicant or, if filed through a patent attorney, by the 
applicant or the patent attorney. 
In the event that a geographical object, the na me of which is claimed as an appellation of 
origin, is situated in the territory of the Republic of Tajikistan, an application shall be accompanied by a statement issued by a competent authority to confirm that the applicant produces goods the 
special properties of which are determined by the natural conditions and (or) human factors 
specific to such geographical object. 
In the event that a geographical object, the na me of which is claimed as an appellation of 
origin, is situated outside the territory of the Republic of Tajikistan, an application shall be 
accompanied by a document certifying the applicant’s right in the appellation of origin applied for in the country of origin of the good. 
An application shall be accompanied by a document confirming payment of the obligatory 
payment for filing of an application in the established amount. 
The documents accompanying an application shall be filed in the official or another 
language. Where such documents are filed in another language, their translation into the official 
language shall be enclosed. The translation into the official language may be submitted by the IP/N/1/TJK/G/1 
 
- 4 - 
 
  applicant not later than two months after the date of notifying him by the Authorized Body of the 
need to comply with this requirement. 
The date of filing of an application with the Au thorized Body shall be the date of receipt of 
the documents provided for by Part 4 of this Arti cle, or, where the said documents were filed other 
than simultaneously, the date of receipt of the last of the documents submitted. 
 
Article 9. Examination of an application 
Examination of an application shall be conduc ted by the Authorized State Body and shall 
comprise a formal examination and an examination of the claimed designation. 
During examination of the application before the decision on it has been taken the applicant 
shall be entitled to supplement, correct or amend the materials of the application. 
If the supplementary materials substantially alter the application, such materials shall not be 
accepted for consideration and may be arranged by the applicant as a separate application.  
During the examination the Authorized Body, in accordance with legal normative acts, shall 
be entitled to request of the applicant the su pplementary materials the absence of which would 
make the examination impossible. 
The additional materials shall be filed within two months of the day on which the request is 
received. At the request of the applicant, the Au thorized Body may extend this period, provided 
the request has been received prior to the expiry  of the aforementioned period. If the applicant 
violated the established term or did not answer th e request, the application shall be considered to 
have been withdrawn. 
A formal examination of an application shall be carried out within two months from the date 
of its filing with the Authorized Body. 
During the course of the formal examination,  the presence of the necessary documents and 
their conformity with the established requirements  shall be checked. Based on the results of the 
formal examination, a decision shall be made either to accept it for further examination or to deny its acceptance for consideration. 
Simultaneously with notification of the positive outcome of the formal examination, the 
applicant shall be informed of the filing date established in accordance with this Law. 
The Authorized Body shall send a justified notification of refusal to accept the application for 
consideration to the applicant. 
The claimed designation in an application which has been accepted for examination shall be 
checked for compliance with the requirements set out in this Law. 
During the examination of the claimed designatio n, the validity of indicating the place of 
production of a good within the territory of the Republic of Tajikistan shall also be checked. 
Before the decision on examination of the clai med designation has been taken, the applicant 
may be notified of the results of a check performe d to verify the compliance of such designation to 
the requirements set out in this Law, along with an invitation to submit own arguments regarding 
the grounds of such notification. The applicant's arguments shall be taken into account in taking a decision based on the results of the examination of the claimed designation, provided that the 
same are submitted within six months of the date of giving such notice. 
On the basis of the results of examination the Authorized Body shall make a decision to 
register or to deny the registration of the appellati on of origin and to grant the right to use it, or 
either to grant or to deny grant of the right to use the appellation of origin already registered. 
An applicant may withdraw the application at any time during its examination before recodal 
in the State register of appellations of goods (herei nafter, "Register") of the information relating to 
the registration of and grant of the right to use the appellation of origin. 
Rules of Register keeping and the content of th e particulars to be entered in the Register 
shall be established by the Authorized Body.  
Article 10. Appeal against the decision on an application and reinstatement of 
missed terms 
 
In the event of disagreement with the decision taken on the results of a formal examination, 
with the denial to accept the application for consideration, or with the decision taken on the results 
of an examination of the claimed designation, or with the decision to recognize the application as 
having been withdrawn, the applicant may lodge an  objection with the Appeal Board within three 
months after the date of receipt of the corresponding decision. 
The time periods provided for by Part 5 of Arti cle 9 and Part 1 of this Article and missed by 
an applicant, may be restored by the Authorized Body on the basis of an appropriate petition of 
the applicant, which shall be filed not later than tw o months after the date of their expiry, provided IP/N/1/TJK/G/1 
 
- 5 - 
 
  that the reasons are confirmed to have been valid  and that the respective obligatory payment is 
paid. 
Such petition shall be filed with the Authorized Body simultaneously with the additional 
materials requested by the examiner or with a request for extending the time period prescribed for 
its submission, or simultaneously with an objection filed with the Appeal Board. 
 
Article 11. Registration of an appellation of  origin and issuance of a certificate for 
the right to use an appellation of origin 
On the basis of the decision of examination the Authorized Body shall register an appellation 
of origin in the Register. The appellation of origin, the indication and description of the special properties of the good in respect of which the appellation of origin has been registered, the 
information related to the registration and grant of the right to use the appellation of origin, 
extension of the term of validity, and the subseque nt changes in such information shall be entered 
in the Register. 
Issuance of a certificate for the right to use an appellation of origin (hereinafter "certificate") 
and recordal of the information about a certificate holder in the Register shall be made by the Authorized Body within one month from the date of receipt of a document proving the payment of 
an obligatory payment. 
Unless a document proving the payment of an obligatory payment for the issuance of a 
certificate for the right to use an appellation of origin is duly submitted, such certificate shall not be issued and the information about the certificate holder shall not be recorded in the Register. 
The form of a certificate and the content of the information contained therein shall be 
determined by the Authorized Body.  
Article 12. Term of validity of a certificate 
A certificate shall be valid for a period of 10 years from the date of filing the application with 
the Authorized Body. 
The term of validity of a certificate may be ex tended at the request of its holder and subject 
to the submission by the certificate holder of a statement issued by a competent authority. The 
statement of the competent authority shall confir m that the holder of the certificate produces 
goods featuring those properties which are stated in the Register within the borders of the 
geographical object concerned. 
In the event that an appellation of origin is a name of a geographical object located outside 
the Republic of Tajikistan, instead of the said statement, a certificate holder shall submit a 
document confirming the latter’s right to use the appellation of origin in the country of origin of the 
good as of the date of filing a request for exte nsion of the validity term of the certificate. 
A request for extension shall be filed during the last year of the validity term of a certificate. 
The validity term of a certificate shall be extended each time for ten years. 
At the request of a certificate holder, a six month period for submitting a request for 
extension of the validity of a certificate may be granted thereto upon the expiry of the validity 
term of a certificate subject to payment of an additional obligatory charge. 
An entry concerning the extension of the validity term of a certificate shall be recorded by 
the Authorized Body in the Register and certificate.  
Article 13. Entry of changes in  the Register and Certificate 
A certificate holder shall inform the Authorized Body of a change in his name, family name, 
first name and patronymic, as well as of changes relating to the registration and grant of the right 
to use an appellation of origin. 
Entry of changes shall be made in the Regist er and certificate subject to payment of the 
prescribed procedural payment. 
The Authorized Body shall enter changes in the Register and in the certificate in order to 
correct obvious and technical mistakes. 
 
Article 14. Publication of the particulars of  registration and grant of the right to 
use an appellation of origin 
Particulars of the registration and grant of the right to use the appellation of origin recorded 
in the Register pursuant to this Law, except for the information which describes any special 
properties of the good, shall be published by the Authorized Body in its Official Bulletin without 
delay after their recodal in the Register.  IP/N/1/TJK/G/1 
 
- 6 - 
 
  Article 15. Registration of an appellation of origin in foreign countries 
Natural persons and legal entities of the Republic of Tajikistan shall have the right to register 
an appellation of origin in foreign countries. 
An application for registration of an appellation of origin in foreign countries shall be filed 
following the registration and acquisition of the right to use the appellation of origin in the Republic 
of Tajikistan.  
SECTION 4. 
USE OF GEOGRAPHICAL INDICATIONS 
 
Article 16. Use of geographical indications 
The use of a geographical indication shall be understood to mean its use on goods, labels, 
packaging, in advertising, pamphlets, invoices, blank forms and other documentation connected with the commercial use of such goods. 
The use of false indications of source and a registered appellation of origin 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, just as the use of an identical designation for any good which may 
mislead the consumer as regards the place of origin and special features of the good (illegal use of an appellation of origin) shall not be permitted. 
The assignment of the right to use a geographical  indication and grant of the right to use it 
on the basis of a contract shall not be admitted. 
 
Article 17. Precautionary Marking 
A certificate holder may affix next to the appellation of origin a precautionary marking in the 
form of the Latin letter R, either –by itself or in a circle, or a verbal designation indicating that the applied designation is an appellation of origin registered in the Republic of Tajikistan. 
 
SECTION 5. 
CHALLENGING AND TERMINATION OF LEGAL PROTECTION OF  
AN APPELLATION OF ORIGIN 
 
Article 18. Challenging of the registration of  an appellation of or igin, issuance of a 
certificate and invalidation thereof 
The grant of legal protection to the appellation of origin may be challenged and invalidated 
at any time during the entire length of its validity term, if effected in breach of the requirements set out in this Law. 
Issuance of a certificate may be challenged and the certificate itself may be invalidated at 
any time during the entire length of its validity te rm if issued in breach of the requirements set out 
in this Law, or in connection with the invalidation of the grant of legal prot ection to the appellation 
of origin. 
Any person, on such grounds as are provided for by Parts 1 and 2 of this Article, may submit 
to the Appeals Board an appeal against the grant of legal protection to the appellation of origin and the issuance of the certificate. 
The grant of legal protection to an appellation of origin and the certificate shall be 
invalidated on the basis of a decision by the Appeal Board as well as a court judgement that has taken legal effect. 
 
Article 19. Termination of legal protection of  an appellation of origin and validity of 
a certificate 
Legal protection of an appellation of origin shall be terminated: 
- upon disappearance of the conditions characteristic to a particular geographical object and 
impossibility of producing a good with the features indicated in the Register; 
- upon the loss by foreign natural persons or legal entities of the right to the given 
appellation of origin in the country of origin of the corresponding goods. 
The certificate shall be terminated: - upon the loss by the good of its special properties indicated in the Register in respect of 
the given appellation of origin; 
- upon the termination of legal protection of the appellation of origin; - upon the liquidation of the legal entity – the holder of the certificate; - upon a voluntary refusal legalized by the Authorized Body on the basis of a request of the 
certificate holder to terminate the certificate. IP/N/1/TJK/G/1 
 
- 7 - 
 
  Any person on the ground provided for by Part  1 and Paragraphs 1 and 2 of Part 2 of this 
Article, may file an appeal to the Appeal Board on  termination of legal protection of an appellation 
of origin and validity of a certificate. 
Any person on the ground set out in the Paragr aph 3 of Part 2 of this Article may file a 
motion with the Authorized Body to terminate validity of a certificate.  
Legal protection of the appellation of origin and validity of the certificate shall be terminated 
pursuant to a decision by the Appeal Board, th e Authorized Body, as well as a court judgement, 
provided that such judgement has taken legal effect. 
 
SECTION 6. 
FINAL PROVISIONS 
 
Article 20. Decisions of the Appeal Board The rules for filing oppositions and requests with the Appeal Board and a procedure for their 
consideration shall be established by the Authorized Body. 
Decisions of the Appeal Board taken on oppositions and requests, filed in the order set forth 
in this Law shall be approved by the Authorized Body and shall come into force from the date of 
their approval and may be appealed against in cour t in conformity with legislation of the Republic 
of Tajikistan.  
Article 21. Obligatory charges and procedural payment  
For filing an application, registration and issuing a certificate, extension of the registration 
and reinstatement of missed terms as well as for all other legally significant acts connected with registration and extension of the term of validity of certificate obligatory charges shall be charged. 
For carrying out examination, entering amendmen ts and corrections in the documents of the 
application, publication of particulars of an appellation of origin, consideration of oppositions and requests by the Appeal Board, as well as for other acts connected with examination of the 
application, the Authorized Body shall charge a procedural payment. 
The amount of obligatory charges and a proced ural payment shall be determined by the 
Government of the Republic of Tajikistan. 
Obligatory charges and a procedural payment shall be paid by the applicant, right holder, or, 
in agreement with them, by any natural person or legal entity. 
 
Article 22. 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 legal entities and natural persons of the Republic of Tajikistan by virtue of international legal acts recognized by the Republic of Tajikistan or on the basis of reciprocity. 
The right to register appellations of origin in the Republic of Tajikistan shall be granted to 
natural persons and legal entities of the countries granting the same rights to natural persons and legal entities of the Republic of Tajikistan.  
Article 23. Liability for Breaches of This Law 
Natural persons and legal entities shall be li a b l e  f o r  b r e a c h e s  o f  t h i s  L a w  p u r s u a n t  t o  
legislation of the Republic of Tajikistan. 
 
Article 24. Procedure for entry into force of this Law This Law shall enter into force from the moment of its official publication. 
 
President of the Republic of Tajikistan 
  
 E. RAKHMONOV 
 
 Dushanbe, 05 March 2007, № 236 
 
  
__________