IP/N/1/TJK/D/1  
 
27 February 2014  
(14-1200)  Page: 1/11  
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 Industrial Designs2, as notified by the 
Republic of Tajikistan on 18 February 2014 under  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 
RÉPUBLIQUE DU TADJIKISTAN  
Le présent document contient le texte1 de la Loi sur les dessins et modèles industriels2, 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 dibujos y modelos industriales2, 
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 red and 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 Tadj ikistan à l'OMC./Los textos Los pasajes en ro jo y verde corresponden a las modificaciones 
introducidas durante el proceso de adhesión de Tayikistán a la OMC. IP/N/1/TJK/D/1 
 
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LAW 
OF THE REPUBLIC OF TAJIKISTAN 
«ON INDUSTRIAL DESIGNS» 
 
This Law shall govern proprietary and related personal non-proprietary relations arising in 
connection with the development, legal protection an d use of industrial designs on the territory of 
the Republic of Tajikistan. 
 
SECTION 1. 
GENERAL PROVISIONS 
 
Article 1. Some terms used in this Law 
Paris Convention - The Paris Convention for the Protection of Industrial Property of 
March 20, 1883 with subsequent amendments;  
ergonomic diagram – a diagram showing the ratio of dimensions of the object of an 
industrial design in the system «man-machine»;  
confection chart  -  samples of textile and knitted fabric, leather, fittings, etc, being 
recommended for manufacturing of an article (made out  in case of filing an application for an 
industrial design pertaining to the light industry); 
official bulletin  - official periodic publication of the Patent Office on questions of protection of 
industrial property objects; 
criteria of patentability  - conditions for grant of legal protection of an industrial design 
defined by this Law. 
 Article 2. Legislation of the Republic of Tajikistan on industrial designs 
The legislation of the Republic of Tajikistan on industrial designs shall be based on the 
Constitution of the Republic of Tajikistan and sh all consist of the Civil Code of the Republic of 
Tajikistan, this Law and other legislative acts of the Republic of Tajikistan, as well as international legislative acts recognized by the Republic of Tajikistan. 
 
Article 3. State body for protection  of industrial property objects 
The State body for protection of industrial property objects (hereinafter referred to as 
"Patent office") shall provide implementation of a consistent state policy on legal protection of 
industrial property objects, in particular, industrial designs, receive applications for industrial designs, conduct their examination, carry out st ate registration and official publication of 
information about industrial property objects, grant patents for industrial designs, and also 
perform other tasks entrusted to it. 
At the Patent Office there shall operate the Appeal Board which is a mandatory primary 
administrative body for resolution of controvers ial issues related to the legal protection of 
industrial property objects. The Appeal Board sh all exercise its authority on the basis of the 
current legislation and the Statute of the Appeal Bo ard approved by the head of the Patent Office. 
 
Article 4. Representation 
Natural persons permanently residing outside the Republic of Tajikistan, or foreign legal 
entities or their representatives shall deal with the Patent Office through patent attorneys, 
registered with the Patent Office and authorized by a power of attorney. 
Any citizen of the Republic of Tajikistan permanently residing in its territory and whose 
professional level meets the qualifying standards may be a patent attorney. 
Qualifying standards to patent attorneys, the procedure of their attestation and registration 
in the State Register of Patent Attorneys shall be determined by the Patent Office. 
 
SECTION 2. 
INDUSTRIAL DESIGN AND ITS LEGAL PROTECTION 
 
Article 5. Conditions for patentability of an industrial design 
In accordance with this Law an artistic and design solution of an article determining its 
outward appearance shall be protected as an indust rial design. An article shall mean an item of 
industrial or handicraft manufacturing. 
An industrial design shall be granted lega l protection if it is new and original. IP/N/1/TJK/D/1 
 
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  An industrial design shall be deemed to be new if the aggregate of its essential features 
reflected in the representations of the article and e numerated in the list of the essential features of 
the industrial design, are not known from the data made available to the public in the world before 
the date of priority of the industrial design. 
In assessing the novelty of an industrial de sign all industrial designs patented in the 
Republic of Tajikistan shall be taken into consideration, as well as all applications for industrial designs filed by other persons in the Republic of Tajikistan (except for withdrawn) provided their 
earlier date of priority. 
An industrial design shall be deemed to be original if its essential features stipulate a 
creative character of aesthetic identities of the articles. 
The essential features of an industrial design shall include those which determine the 
aesthetic and (or) ergonomic identities of the ou tward appearance of the article, its forms and 
configurations, ornament and combination of colours. 
The patentability of an industrial design sh all not be prejudiced by the disclosure of 
information relating to such design by its author, the applicant or by any other party who received 
such information, directly or indirectly, from them, as a result of which the substance of the industrial design entered the public domain, if the ap plication for such industrial design is filed with 
the Patent Office within six months of the date of such disclosure. The burden of proof in such case 
shall rest with the applicant. 
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) and industrial, hydrotechnical and 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. 
 
Article 6. Legal protection of an industrial design 
The right in an industrial design shall be prot ected by the State and shall be certified by a 
patent. 
A patent for an industrial design (hereinafter referred to as "patent") shall certify the priority 
of an industrial design, the auth orship of an industrial design and the exclusive right to use an 
industrial design. 
The scope of legal protection conferred by a pate nt shall be determined by the totality of its 
essential features, represented on reproductions of  the article (model, drawing). The description of 
an industrial design shall be used only to interpret the features. 
An industrial design patent shall be valid for a term of ten years as of the date on which the 
appropriate application is filed with the Patent Office. The term of an industrial design patent shall be extended by the Patent Office at its owner's request, but by not more than for five years. 
At the request of the patent owner an additional grace period of six months for an extension 
of the term of validity of a patent, after its expiration, shall be granted, provided that the 
corresponding fee has been paid.  
 
SECTION 3. 
SUBJECTS OF THE RIGHT IN AN INDUSTRIAL DESIGN 
 
Article 7. Author of an industrial design 
A natural person whose creative work resulted in an industrial design shall be recognized as 
the author thereof. 
Where an industrial design results from joint creative work of two or more natural persons, 
those persons shall be recognized as the joint authors thereof. The procedure for exercising 
author's rights shall be determined by an agreement between them. 
Natural persons shall not be recognized as joint authors where they have not made a 
personal creative contribution to the creation of an industrial design, but have simply given the 
author (or authors) technical, organizational or material assistance or helped him (or them) in securing legal rights in the industrial design or in using it. 
The right of authorship shall be an inalienable personal right and shall be protected 
perpetually. 
 IP/N/1/TJK/D/1 
 
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  Article 8. Applicant 
The right to file an application for the grant of a patent for an industrial design shall have: - the author(s) of an industrial design;  - the employer in the cases provided for in subsection 2 of the Article 9 of this Law;  
- a legal successor(s) of the author(s) or of the employer. 
 Article 9. Patent owner 
A patent shall be granted to a person specified in the application for the grant of a patent for 
an industrial design or to a person obtained the corresponding right as a transfer. 
The right to obtain a patent for an industrial design created by an employee in connection 
with the fulfillment of his employment obligations or a specific task of the employer shall belong to 
the employer, unless otherwise agreed in  the contract between the parties. 
In the event that, within four months from th e date of the employer's notification by the 
author of the industrial design, the employer fails to file a patent application for such industrial 
design with the Patent Office, fails to transfer the right to file an application to a third person, and 
(or) fails to inform the author of keeping the respective object secret, the right to file an application and obtain a patent shall belong to the author. In such case the employer shall have 
the right to use the industrial design in his own production operations, paying compensation to the 
patent owner in an amount to be determined on a contractual basis. 
The right to obtain a patent for the industrial design created by the employee with the use of 
the experience, as well as material, technical and other resources, of the employer, but other than 
in the line of employment duty or on the basis of a specific assignment given by the employer, 
shall belong to the employee, unless otherwise prov ided for by a contract between them. In such 
case, the employer shall be entitled to use the industrial design in his own production operations, 
subject to compensation payable to the patent owner in an amount to be determined on a 
contractual basis. 
 
Article 10. Right of the author of an indu strial design created in connection with 
performance of official duties 
An employee mentioned in part two of Article 9 of this Law shall be entitled to remuneration 
from the employer, commensurable with the gain that the employer derived or could have derived 
from the proper use of the industrial design in the event that: 
- the employer obtained a patent; - the employer assigned the right to obtain a patent to another person; 
- the employer decided to keep the industrial design secret; 
- the employer failed to obtain a patent on the industrial design application filed by the 
employer due to reasons within his control. 
Remuneration shall be paid in the amount and on conditions determined on the basis of the 
agreement between the author and the employer. 
 
SECTION 4. 
APPLICATION FOR THE GRANT OF A PATENT 
 
Article 11. Filing an application 
An application for the grant of a patent (hereinafter referred to as "application") shall be 
filed by an applicant with the Patent Office. 
An application may be filed through a representative of an applicant or a patent attorney 
registered with the Patent Office. 
The application shall relate to one industrial design and may include variants of that 
industrial design (requirement of unity of industrial design). 
An application shall contain: 
- a request for the grant of a patent (in the State language), indicating  the title of the 
industrial design, the author (co-authors) of th e industrial design and the party(s) in whose 
name(s) the patent is sought, as well as their domiciles or locations; 
- a set of representations of the article, giving  a full and detailed perception of its outward 
appearance;  
- a description of the industrial design including a list of its essential features, 
- outline drawing of the article, its ergonomic diagram and confection chart if necessary to 
bring out the substance of the industrial design. IP/N/1/TJK/D/1 
 
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  An application shall be accompanied by a document, certifying payment of a fee for filing an 
application in the prescribed amount, or a docume nt, certifying the exemption from the fee, or 
reduction of fees which may be submitted together with the application or within a three month period of the day on which the application is filed with the Patent Office. 
Requirements for documents comprising an appl ication shall be established by the Patent 
Office. 
 
Article 12. Date of filing of an application 
The date of filing of an application shall be es tablished by the date of receipt at the Patent 
Office of all the documents of the application listed in the first, second and third paragraphs of Article 11 of this Law. 
The decision of establishment of the filing da te shall be forwarded to the applicant after 
receipt by the Patent Office of the document confirming payment of a filing fee in the prescribed amount. 
Where there is a breach of the requirements of  Art.11 of this Law the application shall be 
considered not to have been filed. 
 
Article 13. Correction of the documents of the application on the applicant's 
initiative 
Within three months of the application filing da te, an applicant shall have the right to make 
amendments and clarifications to the application documents without changing the essence of the 
claimed industrial design. 
Corrections and clarifications to an application may also be submitted after the expiry of a 
three-month period, but not later than a decision on the results of a substantive examination is 
taken, provided that the corresponding fee has been paid. 
 Article 14. Withdrawal of the application 
An applicant may withdraw his application prior to the registration of the industrial design in 
the Register of Industrial Designs. 
 Article 15. Confidentiality in th e processing of an application 
In the processing of an application, the Patent Office shall not allow access for any person to 
the application before the publication of the grant of the patent, unless requested or authorized by 
the applicant. The access shall be construed as access by any means, including personal 
communication, which allows third parties to receive information on the application. 
 
SECTION 5. 
PRIORITY OF AN INDUSTRIAL DESIGN 
 
Article 16. Conditions for establishing priority The priority of an industrial design shall be esta blished by the date of filing of the application 
determined in accordance with Article 12 of this Law. 
The priority may be determined by the date of  receipt of additional materials if they are 
submitted by the applicant as a separate applicatio n, provided that it has been filed before the 
expiry of a three month period following the date of  receipt by the applicant of a notification from 
the Patent Office to the effect that the additional materials cannot be taken into consideration since they are recognized as modifying the essence of the claimed industrial design. 
Priority may be determined by the date on which an earlier application disclosing the 
industrial design concerned was filed with the Patent  Office by the same applicant if the application 
requesting such priority is filed within six months of the filing date of the earlier industrial design 
application. In such case, the earlier application shall be deemed to be withdrawn. 
Priority may be determined on the basis of se veral preceding applications, subject to their 
compliance with the applicable conditions as set out in the preceding subparagraph of this Article. 
Priority may not be determined by the filing date of an application which already requested 
an earlier priority in accordance with subpa ragraphs three and four of this Article. 
Priority of an industrial design for a divisional  application shall be established by the date of 
filing by the same applicant with the Patent Office of the initial application disclosing said industrial 
design and if the divisional application has been received before a decision has been taken not to 
grant a patent, where the possibility for appeal ha s been exhausted, and if a decision to grant a 
patent has been received – prior to the date of registration in the State Register. IP/N/1/TJK/D/1 
 
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  Where an examination finds the same priority date claimed for several identical industrial 
designs, a patent shall be granted on that application proved to have been sent to the Patent Office on an earlier date or, should such dates also coincide, on the application having an earlier registration number assigned by the Patent Office, unless otherwise agreed upon between the 
applicants. 
 Article 17. Convention priority 
Priority may be determined by the filing date of the first application filed in a State party to 
the Paris Convention for the Protection of Industri al Property (convention priority), provided that 
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 at the applicant's request by a 
period not exceeding two months. 
An applicant wishing to make use of the right of convention priority shall indicate this 
accordingly when filing an application or within two months of the date of receipt of the application 
at the Patent Office, and shall attach a copy of the first application or send it to the Patent Office not later than three months after the date of filing of the application with the Patent Office. 
The priority of an industrial design may be de termined by the date of placing the industrial 
design at an official or officially recognized international exhibition, provided that the application on which the priority was claimed has been filed with the Patent Office within six months following the date of the display of the indu strial design at the exhibition. 
 
SECTION 6. 
EXAMINATION OF AN APPLICATION 
 
Article 18. Formal examination of an application Upon the expiry of three months from the date of filing of an application the Patent Office 
shall carry out its formal examination. At the request in writing of the applicant a formal 
examination may be started before the expiry of  the above mentioned period. In that case, the 
applicant shall forfeit the right, provided for by Article 13 of this Law, to correct and clarify the 
documents of the application at his own initiative without payment of a fee. 
In the course of a formal examination of an application it shall be verified whether all 
requisite documents are included and meet the requir ements in accordance with Articles 11 of this 
Law and the question whether the claimed artistic an d design solution relates to industrial designs 
to which legal protection is granted in accordance with Article 5 of this Law shall be considered. 
If, in accordance with Article 13 of this Law,  the applicant submits supplementary materials 
for the application, the examination shall verify  whether they modify the subject matter of the 
claimed industrial design. 
Supplementary materials shall be held to modi fy the substance of the industrial design 
applied for if they make for the inclusion of such features as were absent from the original materials of the application. Any supplementa ry materials modifying the substance of the 
industrial design applied for shall be ignored for the purposes of examining the application, but 
may be filed by the applicant as a separate application. 
If the application for an industrial design is made in accordance with all established 
requirements the applicant shall be notified of a positive decision of the formal examination. 
Where a filed application is found to be inconsistent with any requirements applicable to its 
documents, the applicant shall be given a notice requesting that amended or missing documents 
be submitted within three months of the receipt date of such notice. If the applicant fails to submit 
the requested documents within such time period or  to apply for its extension, the application shall 
be deemed to be withdrawn. 
Where an application is found to be inconsistent with the unity of industrial design 
requirement, the applicant shall be requested to ma ke it clear, within three months of the receipt 
date of the appropriate notice, which of the proposals applied for is to be examined and, if necessary, to update documents comprising the application. The other proposals covered by the 
original application may be filed as divisional applications. 
If the applicant fails to make it clear, within three months of receipt of the notice of non-
compliance with the unity of industrial design requirement, which of the artistic and design 
solutions is to be examined and to submit upda ted documents, the examination shall be carried 
out in respect of the artistic and design solution that comes first in the application, as well as other variants, if any. IP/N/1/TJK/D/1 
 
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  In the event of disagreement with the examin ation decision the applicant shall have the 
right, within four months of the date of receipt of  the decision, to lodge an appeal with the Appeal 
Board of the Patent Office. The appeal shall be considered within six months. 
 
Article 19. Substantive examination of an application 
A substantive examination of the application shall be carried out at the request of the 
applicant (or third parties) which may be submitte d within the period not exceeding twelve months 
of receipt at the Patent Office of the full set of  documents of the application listed in Article 11 of 
this Law, after the payment of the prescribed fee. 
If no request for examination has been file d within the period of twelve months, the 
application shall be deemed to be withdrawn. 
During the process of a substantive examination of an application the priority of the 
industrial design shall be established and compliance with the requirements for patentability of the industrial design in accordance with Article 5 of this Law shall be verified. 
In the course of a substantive examination of the application the Patent Office shall have the 
right to request from the applicant suppleme ntary materials. Any supplementary materials 
modifying the substance of the industrial design applied for shall be ignored for the purposes of 
examining the application. They may be filed by the applicant as a separate application with the 
priority determined by the date of their receipt at the Patent Office. 
If the Patent Office finds in the process of its substantive examination of an application that 
the filed industrial design in the scope of legal protection sought meets the conditions for 
patentability set forth in Article 5 of this Law, a decision to grant a patent shall be made. 
Where a claimed industrial design is found, within the scope of legal protection sought, to be 
inconsistent with the conditions for patentability a decision shall be made to refuse the grant of a 
patent. 
An applicant shall have the right to inspect the materials indicated in the examination 
request, in the examination decision or in the search report. The Patent Office shall send copies of 
the materials requested by the applicant within two months of the date of receipt of the request. 
In the event of disagreement with the decision to refuse the grant of a patent the applicant 
shall have the right to lodge an appropriate appeal  with the Appeal Board within four months of 
the date of receipt of the decision. The appeal sh all be considered by the Appeal Board within six 
months of the date of its receipt. 
In the event of disagreement of the applicant with the decision of the Appeal Board he may, 
within six months from the date of receipt of the decision, appeal to the Court. 
If the applicant fails to respect the time limits for the furnishing of materials at the 
examiner's request and for filing an appeal with  the Appeal Board, such time limits may be 
reinstated by the Patent Office at the applicant' s request, submitted not later than twelve months 
from the day of the expiry of the time limit, on payment of the prescribed fee. 
 Article 20. Publication of grant of a patent Within six months from the date of the decision to grant a patent for the industrial design 
the Patent Office shall publish in the Official Bulletin information about the patent which shall 
include the name(s) of the author(s) (with their cons ent) and the patent owner, the title and a list 
of the essential features of the industrial design  and a representation thereof as well as other 
necessary data established by the Patent Office. 
 Article 21. Registration of an indust rial design and grant of a patent 
Within three months of the date of receipt of documents confirming payment of a fee for 
registration and grant of a patent the Patent Office shall enter an industrial design in the State Register of Industrial Designs of the Republic of Tajikistan and shall grant a patent to the patent 
owner. 
The content of particulars entered in the Regist er of Industrial Designs of the Republic of 
Tajikistan and the content of particulars indicated on the patent shall be established by the Patent 
Office. 
Where a patent was sought in the names of several persons, they shall all be issued a single 
patent. The Patent Office shall grant to the author(s) of the industrial design an official certificate confirming the authorship. 
Unless a document confirming payment of a patent registration and grant fee is duly 
submitted, the registration of an industrial desi gn, and the issuance of a patent shall not take 
place and the respective application shall be deemed to be withdrawn. 
 IP/N/1/TJK/D/1 
 
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  SECTION 7. 
EXCLUSIVE RIGHT TO USE AN INDUSTRIAL DESIGN 
 
Article 22. Rights of a patent owner 
A patent owner shall have an exclusive right to use the industrial design protected by a 
patent at his own discretion, if such use does not infringe the rights of other patent owners, including the right to prohibit use of the industri al design 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. 
The relations regarding the use of an industrial design a patent for which is owned by 
several persons shall be governed by a contract between such persons. In the absence of such 
contract, each of right owners may use the protected industrial design at his own discretion, but 
may not grant a license or assign the patent to another person without other patent owners' consent. 
If a patent owner is unable to use his industrial design without infringing the rights of 
another patent owner he shall be entitled to de mand a license agreement to be concluded by the 
latter. 
A patent owner may transfer an exclusive right (assign a patent) to any natural person or 
legal entity. 
An agreement on transfer of an exclusive righ t (assignment of a patent) shall be subject to 
registration with the Patent Office, without which it shall be considered invalid. 
An exclusive right of the patent owner shall be  valid from the date of the publication of 
patent grant in the Official Bulletin.  
A patent and the right to obtain it shall be inherited. 
 
Article 23. Grant of the right to use an industrial design Any person, other than the patent owner, shall have the right to use an industrial design 
protected by a patent 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 
industrial design, to the extent specified in such  contract, to another party (licensee), while the 
licensee shall agree to perform all actions as may be stipulated in the contract. 
Under an exclusive license contract, the licensee shall be assigned an exclusive right to use 
the industrial design 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 industrial 
design to the licensee, shall retain all rights co nfirmed by the patent, including the right to grant 
licenses to third parties. 
A license contract shall be subject to registration with the Patent Office and shall be deemed 
to be invalid without such registration. 
A patent owner may file with the Patent Office a petition to grant to any person the right to 
use the industrial design (open license). The main tenance fee in such case shall be reduced by 50 
percent as of the year following that during which the Patent Office publishes a notice of such 
petition. 
In the case of the withdrawal of an open license by the patent owner the patent 
maintenance fee for the term of the open license sh all not be paid and shall henceforth be paid in 
full. 
A person, wishing to obtain an open license sh all conclude an agreement on payments with 
the patent owner. 
 Article 24. Infringement of an exclusive right Any natural person or legal entity using an in dustrial design in a manner contrary to this 
Law shall be deemed to be infringing the exclusive right of a patent owner (to be infringing the 
patent). 
Manufacturing, using, importing, storage, selling, or other introduction into civil circulation  
or keeping for such purposes a product incorporating the patented industrial design shall be 
deemed a breach of the patent owner's right (breach of a patent). 
A product shall be deemed incorporating a patent ed industrial design should it incorporate 
all of the latter's essential features as reflected in the product's representations and enumerated in 
the list of its essential features. 
A patent owner shall be entitled to require that: - the infringement of the patent be terminated; IP/N/1/TJK/D/1 
 
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  - the person guilty of the infringement of the patent provide compensation for resulting 
losses, including loss of gain, and pay moral damages; 
- the income derived by the infringer of the pate nt be recovered in lieu of compensation for 
loses; 
- the products put in commercial use or stored for that purpose which were found to have 
infringed the patent, as well as any facilities specially meant for the infringement of the patent, be confiscated for the benefit of the patent owner; 
- the relevant court judgment be published in the official editions of the Patent Office in 
order to restore his business reputation; 
Claims against an infringer of the patent may be made by the owner of an exclusive license, 
unless otherwise provided for by the license contract, or the owner of a non-exclusive license 
where it is provided for by the license contract. 
 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 de signs protected by 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 shall be deem ed to constitute an infringement of the patent 
owner's exclusive rights, provided that the vehi cles 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 involving devices incorporating an industrial design 
protected by a patent; 
- use of the devices incorporating an industrial design protected by a patent, 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 industrial design for needs without aiming to derive 
any income; 
- use, offering for sale, sale, importing or keeping for that purpose  of a product 
incorporating an industrial design protected by a patent if said product was put to commercial use on a lawful basis in the Republic of Tajikistan. 
 
Article 26. Right of prior use Any natural person or legal entity that, before the priority date of the industrial design, 
created and made use on the territory of the Republic  of Tajikistan of an identical industrial design 
developed independently of the author or made a ppropriate preparations for such use shall retain 
the right to continue using such industrial design free of charge, unless the scope of such use is 
increased. 
The right of prior use may be assigned to anot her natural person or legal entity, but only 
together with the production operations which invo lved the use of such identical industrial design 
or necessary preparations for such use. 
 
SECTION 8. 
TERMINATION OF A PATENT 
 
Article 27. Opposition to a patent A patent may be contested and invalidated, fully or partially, by any person at any time 
during its term in the following circumstances: 
- the industrial design does not comply with the conditions for patentability prescribed by 
this Law; 
- the essential features of an industrial design include such features as were absent from the 
original documents of the application; 
- the letters patent wrongly names the author(s) or the patent owner(s). An opposition to the grant of a patent on th e grounds listed in paragraphs two and three of 
part one of this Article shall be filed with the A ppeal Board and considered within six months of the 
date of its receipt. In this case the patent owner shall be acquainted with the opposition. 
In the event of disagreement with the decision of the Appeal Board on opposition contesting 
a patent any party, within six months of the date of the issuance of an office action, may appeal to 
the Court. 
 IP/N/1/TJK/D/1 
 
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  Article 28. Early termination of the validity of a patent 
The patent shall be terminated early - where a patent is recognized as completely invalid in accordance with Article 27 of this 
Law; 
- on the basis of an appropriate motion filed by the patent owner with the Patent Office; 
- in the event of failure to pay, within the prescribed time limit, the fee for maintenance of 
the patent in force. 
The Patent Office shall publish information about early termination of the validity of the 
patent in the Official Bulletin. 
 Article 29. Reinstatement of the validity of a patent. Right of subsequent use 
The validity of the patent terminated early in accordance with paragraph three  of part one of 
Article 28 of this Law, may be reinstated on a request by the patent owner, within eighteen months of the expiry of the time period prescr ibed 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. 
The Patent Office shall publish information about reinstatement of the patent in the Official 
Bulletin. 
Any person that, during the period between the date of termination and the date of 
reinstatement of the patent, commenced the use on the territory of the Republic of Tajikistan of 
the protected industrial design or that made es sential preparations for the commencement of such 
use during the said period of time shall retain the right to continue using it free of charge unless 
the scope of its use is enlarged (right of subsequent use). 
The right of subsequent use may be assigned to another person, but only together with the 
production operations which involved the use of th e industrial design or necessary preparations for 
such use. 
 
SECTION 9. 
PROTECTION OF RIGHTS OF PATENT OWNERS AND AUTHORS 
 
Article 30. Court Hearings of Disputes 
Courts shall hear the following disputes: 
- disputes over the authorship of an industrial design; - disputes over patent ownership; 
- disputes over infringements of exclusive rights in an industrial design; 
- disputes over the conclusion and performance of agreements for assignment of rights and 
license contracts for the use of an industrial design;  
- disputes over the right of prior use and the right of subsequent use; 
- disputes over the amount, terms and procedure of payment of the remuneration to the 
author of the industrial design in accordance with this Law; 
- disputes over the amount, terms and proc edure of payment of compensation payable 
under this Law; 
- other disputes as may be related to the protection of rights certified by a patent.  
Article 31. Liability for Breaches of This Law 
Breach of this Law shall entail civil, administrati ve or criminal liability pursuant to legislation 
of the Republic of Tajikistan. 
 
SECTION 10. 
FINAL PROVISIONS 
 
Article 32. Fees and procedural payment 
Legally relevant actions related to patents shall be performed for a fee and procedural 
payment. The list of actions for which patent fees  and procedural payment shall be charged, their 
amounts, time periods for their payment, and gr ounds for exemptions from and rebates of such 
fees shall be determined in accordance with the procedure established by the legislation. 
 
Article 33. Rights of Foreign Individuals and Legal Entities 
Foreign individuals and legal entities shall enjoy those rights granted by this Law on a par 
with individuals and legal entities of the Republic of Tajikistan in accordance with international agreements to which the Republic of Tajikistan is a party or on the basis of reciprocity. 
 IP/N/1/TJK/D/1 
 
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  Article 34. Procedure for entry into force of this Law 
This Law shall enter into force on the day of its official publication. 
  
President 
of the Republic of Tajikistan 
E. RAKHMONOV 
№16 of 28 February 2004 
  
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