IP/Q/TJK/1, IP/Q2/TJK/1  
IP/Q3/TJK/1, IP/Q4/TJK/1  
 
17 May 2016  
(16-2710)  Page: 1/8  
Council for Trade-Related Aspects of  
Intellectual Property Rights  Original: English  
 
REVIEW OF LEGISLATION 
 
TAJIKISTAN1 
The present document reproduces the introduc tory statement made by the delegation of 
Tajikistan, the questions put to it and the responses given in connection with the review of 
legislation initiated at the Council's meeting of 28-29 October 2014.2 The review was concluded in 
February 2016.3 
 
 
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1  INTRODUCTORY STATEMENT4 
1.  On behalf of Tajikistan, as one of the most recent members of the WTO, it is my pleasure to 
present today our national legislation in the field of intellectual property; we really appreciate WTO 
members' questions. In accordance with the obligations arising from the TRIPS Agreement, 
Tajikistan has submitted the necessary notification, which represents the basis for the review of the national intellectual property legislation. 
2.  By the Resolution of the Govern ment of the Republic of Tajikistan № 242 from 28 May 1993, 
the National Center for Patents and Information under the Ministry of Economic Development and Trade was established, in order to deal with one of the priority activities - protection of the state's 
interests in the field of industrial property and the c oordination of inventive activity in the country.    
3.  In January 1994 the Republic of Tajikistan be came a member of the World Intellectual Property 
Organization. According to the Declaration of th e Republic of Tajikistan concerning the most 
important international agreements in the field of industrial property Tajikistan recognizes their 
effect in its entire territory.  
4.  The specialists of the National Center for Pate nts and Information took part in drafting of the 
Eurasian Patent Convention, to which the country accessed according to the Act of Accession 
signed by the President of the Republic of Tajikistan on April 1995. 
5.  Currently, six laws regulating the protection of intellectual property are in force in the Republic 
of Tajikistan, notably the following:  
1. The Law on Inventions;  
2. The Law on Industrial Designs;  
3. The Law on Legal protection of Integrated Circuits;  
4. The Law on Trademarks and Service Marks;  
5. The on Geographical Indications; 
                                               
1 As regards laws and regulations notified by Tajiki stan under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/TJK/C/1, IP/N/1/TJK/U/1, IP/N/1/TJK/O/1, IP/N/1/TJK/O/2, IP/N/1/TJK/D/1, IP/N/1/TJK/G/1, IP/N/1/TJK/L/1, IP/N/1/TJK/P/1 IP/N/1/TJK/T/1 and IP/N/6/TJK/1. 
2 The minutes of this meeting have been  circulated as do cument IP/C/M/77. 
3 The minutes of this meeting have been  circulated as document IP/C/M/81. 
4 As reflected in paragraphs 39 to 54 of IP/C/M/77/Add.1. IP/Q/TJK/1 • IP/Q2/TJK/1 • IP/Q3/TJK/1 • IP/Q4/TJK/1 
 
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  6. The Law on Copyright and Related Rights.    
 6.  Considering the importance that WTO membership has for its Members, in the process of amending the existing intellectual property related legislation, special emphasis was placed on 
harmonization with the TRIPS Agreement. In addi tion, questions, remarks and suggestions given 
to Tajikistan by Members during the accession process of Tajikistan to the WTO have been taken into account. Tajikistan has also focused its activities on harmonization with provisions of other 
relevant international treaties and agreements in the field of intellectual property. 
7.  Desiring to quickly integrate into the international community and to pave the way for foreign 
investments, the Ministry of Economic Developm ent and Trade had developed an action plan of 
activities aimed at full compliance with the TRIPS Agreement. 
8.  Tajikistan is a member of the following conventions and treaties: 
1. Paris Convention for the Protecti on of Industrial Property   
2. Convention Establishing the World Intellectual Property Organization  
3. Agreement on Trade-Related Aspects of Intellectual Property Rights  
4. Madrid Agreement Concerning the International Registration of Marks  
5. Protocol Relating to the Madrid Agreement Concerning the International Registration of 
Marks  
6. Nice Agreement concerning the International Classification of Goods and Services for 
the purposes of the Registration of Marks  
7. Locarno Agreement Establishing an International Classification for Industrial Designs  
8. Patent Cooperation Treaty ( РСТ),  
9. Strasbourg Agreement Concerning the International Patent Classification  
10. Budapest Treaty on the International Recognition of the Deposit of Microorganisms for 
the Purposes of Patent Procedure  
11. Nairobi Treaty on the Protection of the Olympic Symbol  
12. Geneva Act of the Hague Agreement on the International Registration of Industrial 
Designs  
13. Eurasian Patent Convention  
14. Berne Convention for the Protection of Literary and Artistic Works  
15. Universal Copyright Convention  
16. Convention for the Protection of Producers of Phonograms against Unauthorized 
Duplication of Their Phonograms 
17. International Convention for the Protection of Performers, Producers of Phonograms, 
and Broadcasting Organization (the Rome Convention) 
18. WIPO Copyright Treaty  
19. WIPO Performances and Phonograms Treaty  
20. International Convention for the Protection of New Varieties of Plants (UPOV) 
9.  Tajikistan has established an institutional framework for the effective enforcement of IPRs. 
Authorities responsible for the enforcement of IPRs are primarily: Customs Administration, Police Administration, Administration for Inspection A ffairs, the Commercial Court, Courts of General 
Jurisdiction and the Prosecutor's Office. Tajikistan is committed to further strengthening 
institutional and administrative capacities in order to ensure effective protection of IPRs. 
10.  We believe that Tajikistan has created an intellectual property system that gives everyone a 
chance to take advantage of its provisions and to  use opportunities in business and trade. The use 
of IPRs based on law will help in the creation of new jobs, affect the well-being of society, encourage development of the skills of the popula tion and protect those who put new products and IP/Q/TJK/1 • IP/Q2/TJK/1 • IP/Q3/TJK/1 • IP/Q4/TJK/1 
 
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  services in the market. All these factors should make Tajikistan attractive to foreign and domestic 
investors. 
11.  However, Tajikistan is aware of the need fo r additional work and further reforms in order to 
valorize the benefits that intellectual property provides. 
12.  Tajikistan recognizes the following as strategic goals that would contribute to the further 
development of intellectual property: 
• Improved enforcement of intellectual property rights; 
• Increasing economic growth through effective use of intellectual property; 
• Improvement of methods of acquiring and managing intellectual property; 
• Better business and public understanding of the use and the value of intellectual 
property, as well as the importance of the enforcement of IP rights; 
• Improvement and modernization of information systems in terms of intellectual 
property issues. 
13.  Having said all of the above, our opinion is that Tajikistan has met the standards set by the 
TRIPS Agreement, and that Tajikistan's legislation on protection of IPRs is in compliance with the 
provisions of this Agreement. 
14.  In conclusion, we believe that Tajikist an has significantly amended and improved the 
legislation on protection of IPRs, and that the development of the IP system was not limited to the 
requirement of the binding international agreemen ts. These efforts prove Tajikistan's will and 
determination to build and operate an effective syst em for the protection of intellectual property in 
order to facilitate the development of its economy. 
15.  I want to reiterate Tajikistan's intention to cooperate with all WTO Members, especially with 
those who have interests in Tajikistan's IP market, and those who desire to share their experiences in implementing the commitments an d obligations under the TRIPS/WTO framework. 
16.  As mentioned by the Chair, we recently received the questions posed by the delegation of the 
US regarding the review of the implementation of the TRIPS obligations. We appreciate these 
questions. Since we just received these questions a few days ago, we have not had the 
opportunity to study them carefully. Therefore, I would like to ask the Council to allow us to send 
these questions to our IP experts in capital an d prepare our responses before the next TRIPS 
Council meeting in February 2014. 
2  RESPONSES TO THE QUESTIONS AND FOLLOW-UP QUESTIONS POSED BY THE UNITED 
STATES
5  
2.1  COPYRIGHT Question 1: We note that during the accession  process, we had an opportunity to review 
Tajikistan's Copyright law, but that the Copyright law has not been notified to the WTO 
pursuant to TRIPS Article 63, or at least such  a law is not reflected in the WTO database 
of such laws. Has the Copyright law been notified? 
 
Tajikistan's reply: 
 The Copyright Law has been notified in the meantim e.  
 
                                               
5 The questions posed by the United States are contained in documents IP/C/W/604 and 
IP/C/W/604/Add.1. The responses made by Tajikistan are contained in document IP/C/W/606/Rev.1. IP/Q/TJK/1 • IP/Q2/TJK/1 • IP/Q3/TJK/1 • IP/Q4/TJK/1 
 
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  WT/ACC/SPEC /TJK/5/Rev.2: 
 Question 2: Page 82, paragraph 261: There is  a wording/translation problem in Articles 
4 and 30, that the government of Tajikist an noted would be clarified in document 
WT/ACC/TJK/23, questions 77, 87 and 95. 
 Tajikistan's reply : 
 
Paragraph 261 of WT /ACC/SPEC/TJK/5/Rev.2 does not appear to refer to "a wording /translation 
problem in Articles 4 and 30 ". Howev er, any w ording / translation issues that may have exist ed at 
time document WT /ACC/TJK/ 23 was comp iled, have been corrected . 
 
Follow-up question:  This issue has still not been addressed as the final boldface 
paragraph in Articles 4 and 30 still says "and" instead of "or". 
 
Tajikistan's reply to follow-up question : 
 
The answer requires furth er inve stigation and will be provided at a lat er stag e. 
 Question 3:  Page 83, paragraph 262 : In earlier documents, the GOT had clarified that works 
whose term had expired and had fallen into the public domain in Tajikistan would still be protected 
in Tajikistan if they had not fallen into the public domain in their country of origin . 
WT/ACC/TJK/23, Questions 77, 87 and 95.  
Tajikistan's reply: 
 
Tajikistan reconfirms that this is still the case - works whose t erm had expir ed and had fallen into 
the public domain in Tajikistan would still be protected in Tajikistan if they had not fallen into the 
public domain in their country of origin . 
 Question 4: Page 83, paragraph 263: As no ted In WT/ACC/TJK/24, question 94, this 
exception would not apply to books that the publisher makes available in Braille, 
regardless of whether the work was "ori ginally" created in Braille or not. 
 
Tajikistan's Reply: 
 
The exception in Article 20 (6) of the Law on Copyright and Neighboring Rights refers to 
reproduction of copyrighted works initially made availabl e in a 'conventional ' manner. Such works 
can be reproduced using Braille , thus making th em availabl e to the blind . However, this exception 
does not cover the works that have been cr eated to be published in Braille, which are protected by 
copyright as any other work . 
 
Follow-up question :  If a book was originally made in  a "conventional manner," such as 
a print book, and the publisher is now also making copies of the book available in 
Braille, would the Article 20(6) exception apply? 
 Tajikistan's reply to follow-up question: 
 Yes, it wou ld, provided that the copies are made not for profit . 
 Question 5: Page 83, paragraph 264: We wo uld like to understand this better. What 
right holders are subject to these government regulations? Can an exclusive right holder 
deny use or demand whatever payment or co ncessions it wants to license use of its 
works? 
 
Tajikistan's reply: 
 
These government regulations set the minimum remuneration only . The purpose is to protect the 
right holders (authors) , who are usually a weaker contracting party and ensure that they will 
receive the minimum, justified remuneration for transferring of their rights. These regulations 
cover all authors / right holders , referred to in the Law on Copyright and Neighboring Rights. 
However , these regulations do not in any way regulate or limit the right of the exclusive right IP/Q/TJK/1 • IP/Q2/TJK/1 • IP/Q3/TJK/1 • IP/Q4/TJK/1 
 
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  holders to fre ely dispose of their rights. Consequently , exclusive right holder is entitled to deny use 
or to demand whatever payment or concessions it wants to license use of its works.  WT/ACC/TJK/24: 
 
Question 6: Page 27, Question 65/ 84: Plea se confirm that the owners of audiovisual 
works have the exclusive right of "in sequ ence" demonstrations. Does Article 16(5) 
include both in and out of sequence demo nstrations? Please explain the difference 
between 16(4), presentation of works in public, and 16(5), performance of works in 
public.  
Tajikistan's reply : 
 
Tajikistan confirms that the owners of audiovisua l works have the exclusive right of "in sequence" 
demonstrations. The difference between 16(4) presentation of works in public , and 16(5} 
performance of works in public , is based on a difference among different art form s. For example, a 
movie director would present his work (a movie) in public , whereas a singer or mus ician would 
perform - sing or play , live in public . 
 Question 7:  Page 28 , Question 68 / 97: Please clarify where broadcasting organizations 
have the right to prohibit non-simultaneous broadcasting/communication to the publ ic 
via wireless broadcasting. 
 Tajikistan's r eply: 
 
Broadcasting organizations have the right to prohibit any simultaneous or non-simultaneous broadcasting / communication to the public via wireless broadcasting in accordance with Berne 
Convention Article 11 and TRIPS. Please note that by the ratification of the Berne Convention and 
TRIPS , both became integral part of Tajikistan 's internal legal system, wh ich enabled their direct 
implementation . Furthermore, in case of any conflict between the ratified international agreement / 
convention and the domestic l egislation , ratified International agreement / convention prevails . 
 
Follow-up question: Is there a section in your copyright or communications law that 
provides this, or is it only by virtue of Tajikistan's adherence to international 
agreements? 
 Tajikistan's reply to follow up-qu estion: 
 
Provision of Article 36 of the Copyright law covers this matt er. 
 WT/ACC/TJK/30: 
 
Question 8: Paragraph  264, pp . 58-59: When does Tajikistan intend to file its documents 
and accede to the Convention for the Protection of the Interests of Producers of 
Phonograms from Illegal Broadcasting of their Phonograms (the Geneva Convention)? 
 Tajikistan's reply: 
 Tajikistan acceded to the Convention for the Protection of the Interests of Producers of 
Phonograms from Illegal Broadcasting of their Phonograms (the G eneva Convention) on 
26 February 2013. 
 
Question 9: Paragraph 273, pp. 60-61: Are foreign works that were still protected in 
their country of origin, but were in the public domain in Tajikistan in 1998 because the 
25 year term had expired, protected in Taji kistan? For example, how long would a US 
work created In 1965 by an author who died in 2000 be protected in Tajikistan?  
Tajikistan's reply: 
 
Amendments to the Law on Copyright and Neighboring Rights that were adopted in 2009 included 
provisions on retroactive effect , thus enabling the protection in Tajikistan of foreign works that 
were still protected in their country of origin, but were in the public domain in Tajikistan i n 1998 IP/Q/TJK/1 • IP/Q2/TJK/1 • IP/Q3/TJK/1 • IP/Q4/TJK/1 
 
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  because the 2S year term had expired . In the example above the work will be protected in 
Tajikistan 50 years after the death of its U.S. author , i.e. until 2050. 
 Follow-up question : I refer to question 2, above, which notes that Articles 4 and 30 still 
say "and" instead of "or" 
 Tajikistan's reply to follow-up question : 
 
The answer requires further investigation and will be provided a later stage. 
 Question 10: Paragraph 276, p. 61: Paragrap h 276 explains the rights of producers of 
phonograms, including the right to remuneration. Do performers on phonograms have 
similar rights?  
 
Tajikistan's reply: 
 
Yes, they do. 
 
Follow-up question: Where does the law provide for this? 
 Tajikistan's reply to follow-up question : 
 
Provision of Article 34 of the Copyright law covers this matter . 
 
2.2  PATENTS 
Question 11: We look forward to reviewing amendments to the law "On Inventions" and 
other relevant legislation that further implement the requirements of the TRIPS 
Agreement, particularly with Articles 30 and 31. 
 Tajikistan's reply : 
 
The amended Law on Inventions and other legislation that implements TRIPS requirements have 
been duly notified and are available for review. 
 
2.3  PROTECTION OF UNDISCLOSED INFORMATION 
Question 12: We look forward to reviewin g the relevant legislation that further 
implements the requirements of the TRIPS Agreement, particularly with regard to 
Article 39. The laws currently notified to  the WTO do not appear to provide such 
protections.  Tajikistan's reply: 
 Tajikistan will look into the matter and notify the missing legislation, if any. 
 
2.4  ENFORCEMENT 
Question 13: We note that during the accessi on process, we also had an opportunity to 
review Tajikistan's Enforcement laws, but that  such laws have not been notified to the 
WTO pursuant to TRIPS Article 63, or at least are not reflected in the WTO database. Has 
the Enforcement law been notified?  Tajikistan's reply : 
 
In the legal system of the Republic of Tajiklstan there is no such thing as the " Enforcement law " . 
Each substantive IP law contains also some provisions on their enforcement . In addition, there are 
procedural laws , which regulate civil , penal and administrative procedures ; however these laws are 
general, they regulate procedures , regardless of the subject matter, wh ich may, or may not be 
related to IP rights . 
 IP/Q/TJK/1 • IP/Q2/TJK/1 • IP/Q3/TJK/1 • IP/Q4/TJK/1 
 
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  Question 14: How will the government deal wi th anti-competitive licensing and how Is 
this reflected In the law? 
 Tajikistan's reply : 
 
The government does not have any specific immediate plans for dealing with anticompetitive licensing. 
 
Question 15: Are only Tajikistan i citizens permitted to be patent attorneys in Tajikistan 
and if so, what's the rationale for the citizenship requirement? 
 
Tajikistan's reply: 
 
Yes, only Tajikistani citizens are permitted to be patent attorneys in Tajikistan. This is based on 
Tajikistan's legal traditions , where the assumption is that the essential requirement for a patent 
attorney is to speak the local language and to know the local law.  
Question 16: Can you provide some examples of recent actions to enforce intellectual 
property rights? Do customs and criminal enfo rcement officials have ex officio authority 
to enforce intellectual property rights? What measures are Tajikistan taking to address 
copyright infringement and digital piracy? 
 
Tajikistan's reply: 
 
In accordance with the applicable laws the customs and criminal enforcement have an ex officio 
authority to enforce intellectual property rights . However , their enforcement activities are limited. 
Tajiklstan plans to address the issue of JP enforcement in due course . 
 
Question 17: Are penalties for counterfeiting an d piracy a deterrent so that infringers do 
not view fines and penalties as me rely the cost of doing business? 
 
Tajikistan's reply: 
 
Tajikistan is of the opinion that penalties for counterfeiting and piracy are a deterrent, and could 
not be seen as just the cost of doing business . 
 Question 18: We recognize that Tajikistan is committed to intellectual property rights. 
In this respect, does the Government of Taji kistan take the necessary steps to eliminate 
unlicensed software use by all Government Ministries, including the allocation of 
appropriate funding for the purc hase of legitimate software? 
 
Tajikistan's reply: 
 
The Government of Tajikistan takes this issue seriously and will take the necessary steps to 
eliminate unlicensed software use in accordance with the available resources . In this respect, the 
government provides funding for acquisition of the legitimate software by governments entities. In addition, in November 2014, representatives of Micr osoft met with several ministries to discuss the 
issue and possible solutions . 
 Question 19: We note that U.S. expert agen cies stand ready to assist Tajikistan on 
implementing specific reforms and to engage in technical-level exchanges. 
 
Tajikistan's reply: 
 
Tajikistan appreciates the readiness of  U.S. expert agencies to provide assistance in implementing 
specific reforms and is looking forward to such cooperation. 
• 
WT/ACC /SPEC/TJK /5/Rev.2 
 Question 20: Page 83, Paragraph 263: Regard ing Tajikistan's answer to question 93 
regarding whether the phrase " ... exclusiv ely for the purposes of personal use ... " 
allows persons to make unlimited copies - how will Tajikistan's assumption in the IP/Q/TJK/1 • IP/Q2/TJK/1 • IP/Q3/TJK/1 • IP/Q4/TJK/1 
 
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  original legislation that the number of copies is limited to one, have the force of law? 
Will the appropriate bodies enforce this assump tion? Is Tajikistan prepared to clarify 
this assumption in the text of the laws or regulations?  
Tajikistan's r eply: 
 
Assumption in the original legislation that the number of copies is limited to one does not have the 
force of law; however this provision is Interpreted and enforced by appropriate bodies in such a 
way. Tajlkistan is p repared to clarify this assumpt ion in its legislation in due course.  
 
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