IP/C/W/606/Rev.1  
 
13 October 2015  
(15-5356)  Page: 1/5  
Council for Trade-Related Aspects of 
Intellectual Property Rights  Original: English  
 
 REVIEW OF LEGISLATION 
RESPONSES FROM TAJIKISTAN TO FOLLOW-UP QUESTIONS POSED BY  
THE UNITED STATES OF AMERICA 
Revision 
By means of a communication from the delegati on of Tajikistan, dated 8 October 2015, the 
Secretariat has received the following response s to follow-up questions posed by the United 
States, as circulated in document IP/C/W/604/Add.1.1 
 
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TAJIKISTAN 
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.  
 
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  Tajikistan 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. 
 
                                               
1 This document replaces document  IP/C/W/606 which contains Tajikistan's responses to the original 
questions posed by the United States. IP/C/W/606/Rev.1 
 
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  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 , paragr aph 263: As noted 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 "originall y" 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 would 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 
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: Please confirm that the owners of audiovisual 
works have the exclusive right of "in sequence" demonstrations . Does Article 16(5) 
includ e both in and out of sequence demonstrations? 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 . 
 IP/C/W/606/Rev.1 
 
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  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 Tajikistan? 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 
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: Paragraph 276 explains the rights of produce rs of 
phonograms, including the right to remuneration. Do performers on phonograms have 
similar rights?  
 
Tajikistan's reply: 
 
Yes, they do.  IP/C/W/606/Rev.1 
 
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  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  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. 
 3  PROTECTION OF UNDISCLOSED INFORMATION 
Question 12: We look forward to reviewing the re levant legislation tha t furthe r 
implements the requ irements of the TRIPS Ag reement, particularly with regard to 
Article 39. The laws curren tly 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. 
 4  ENFORCEMENT 
Question 13: We note that during the accession process, we also had an opportunity to 
review Tajikis tan'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 . 
 Question 14: How will the government deal with 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 Tajikistani 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.  IP/C/W/606/Rev.1 
 
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  Question 16: Can you provide some examples of recent actions to enforce intellectual 
property rights? Do customs and crimina l enforcement 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 and 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 Tajikistan ta ke the necessary steps to eliminate 
unlicensed software use by all Government Minist ries, 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 agencies 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 I ACC/SPEC/TJK / 5 / Rev.2 
 
Question 20: Page 83 , Paragraph 263: Regarding Tajikistan's answer to question 93 
regarding whether the phrase " ... exclus ively for the purposes of personal use ... " 
allows persons to make un limited copies - how will Tajikistan's assumption in the 
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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