IP/C/W/606  
 
23 February 2015  
(15-1066)  Page: 1/4  
Council for Trade-Related Aspects of 
Intellectual Property Rights  Original: English  
 
  REVIEW OF LEGISLATION 
RESPONSES FROM TAJIKISTAN TO QUESTIONS POSED BY THE UNITED STATES OF AMERICA 
By means of a communication from the delegati on of Tajikistan, dated 20 February 2015, the 
Secretariat has received the following responses to questions posed by the United States, as 
circulated in document IP/C/W/604. 
 
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TAJIKISTAN 
1 COPYRIGHT 
 
1 .   W e  n o t e  t h a t  d u r i n g  t h e  a c c e s s i o n  p r ocess, 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? 
 The Copyright Law has been notified in the meantime. 
 
 WT/ACC/SPEC/TJK/5/Rev.2: 
 
2.  Page 82, paragraph 261: There is a wording/translation problem in Articles 4 and 30, 
that the government of Tajikistan no ted would be clarified in document 
WT/ACC/TJK/23, questions 77, 87 and 95. 
 
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". However, any wording/translation issues that may have existed at 
time document WT/ACC/TJK/23 was compiled, have been corrected. 
 3.  Page 83, paragraph 262: In earlier do cuments, 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 reconfirms that this is still the case - 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. 
 
4.  Page 83, paragraph 263: As noted in WT/ACC/TJK/24, question 94, this exception 
would not apply to books that the publishe r makes available in Braille, regardless of 
whether the work was "originally " created in Braille or not. 
 
The exception in Article 20 (6) of the Law on Copyright and Neighboring Rights refers to reproduction of copyrighted works initially made available in a 'conventional' manner. Such works 
can be reproduced using Braille, thus making them  available to the blind. However, this exception IP/C/W/606 
 
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  does not cover the works that have been created to be published in Braille, which are protected by 
copyright as any other work.  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 concessions it wants to license use of its works? 
 
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 regu late or limit the right of the exclusive right 
holders to freely 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: 
 6.  Page 27, Question 65/84: Please confirm that the owners of audiovisual works have 
the exclusive right of "in sequence" demonstr ations. Does Article 16(5) include both in 
and out of sequence demonstrations? Plea se explain the difference between 16(4), 
presentation of works in public, and 16(5), performance of works in public.  
 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 forms. For example, a movie director would present his work (a movie) in public, whereas a singer or musician would 
perform - sing or play, live in public.  
 7.  Page 28, Question 68/97: Please clarif y where broadcasting organizations have the 
right to prohibit non-simultaneous broadcasting/communication to the public via 
wireless broadcasting. 
 Broadcasting organizations have the right to prohibit any simultaneous or non-simultaneous 
broadcasting/communication to the public via wi reless 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, which enabled their direct 
implementation. Furthermore, in case of any conflict between the ratified international 
agreement/convention and the domestic legislatio n, ratified international agreement/convention 
prevails.    
 
WT/ACC/TJK/30: 
 
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 Ph onograms (the Geneva Convention)? 
 
Tajikistan acceded to the Convention for the Protection of the Interests of Producers of 
Phonograms from Illegal Broadcasting of their Phonograms (the Geneva Convention) on 26 February 2013. 
 
9.  Paragraph 273, pp. 60-61: Are foreign works that were st ill 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?  
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 in 1998, because the 25 year term had expired. In the example above the work will be protected in 
Tajikistan 50 years after the death of its US author, i.e. until 2050.  IP/C/W/606 
 
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10. Paragraph 276, p. 61: Paragraph 276 explains the rights of producers of 
phonograms, including the right to remuneration. Do performers on phonograms have similar rights? 
 
Yes, they do.  
 
2  PATENTS  11.  We look forward to re viewing 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.  
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  12.  We look forward to revi ewing the relevant legislation that further implements the 
requirements of the TRIPS Agreement, particul arly with regard to Article 39. The laws 
currently notified to the WTO do not appear to provide such protections. 
 
Tajikistan will look into the matter and notify the missing legislation, if any. 
  
4  ENFORCEMENT 
 13.  We note that during the accession proc ess, 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?  
In the legal system of the Republic of Tajikistan  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, which may, or may not be 
related to IP rights.   14.  How will the government deal with an ti-competitive licensing and how is this 
reflected in the law? 
 The government does not have any specific immediate plans for dealing with anti-competitive 
licensing. 
 15.  Are only Tajikistani citizens permitted to be patent attorneys in Tajikistan and if so, 
what's the rationale for the citizenship requirement? 
 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. 
 16.  Can you provide some examples of recent  actions to enforce intellectual property 
rights? Do customs and criminal enforcemen t officials have ex officio authority to 
enforce intellectual property rights? What me asures are Tajikistan taking to address 
copyright infringement and digital piracy? 
 
In accordance with the applicable laws the cust oms and criminal enforcement have an ex officio 
authority to enforce intellectual property rights. However, their enforcement activities are limited. Tajikistan plans to address the issue of IP enforcement in due course.  
 IP/C/W/606 
 
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  17.  Are penalties for counterfeiting and piracy  a deterrent so that infringers do not view 
fines and penalties as merely the cost of doing business? 
 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. 
 18.  We recognize that Tajikistan is committed to intellectual property rights. In this 
respect, does the Government of Tajikist an 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? 
 
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 Microsoft met with several ministries to discuss the 
issue and possible solutions.   
19.  We note that US expert agencies stand ready to assist Tajikistan on implementing 
specific reforms and to engage in technical-level exchanges. 
 Tajikistan appreciates the readiness of US expert agencies to provide assistance in implementing 
specific reforms and is looking forward to such cooperation. 
  
WT/ACC/SPEC/TJK/5/Rev.2 
 
20. Page 83, Paragraph 263: Regarding Tajiki stan's answer to question 93 regarding 
whether the phrase "...exclusively for the purp oses of personal use …" allows persons to 
make unlimited 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 assumption? Is Tajikistan prepared  to clarify this assumption in the text of 
the laws or regulations? 
 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. Tajikistan is prepared to clarify this assumption in its legislation in due course.  
 
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