IP/N/1/TJK/L/1  
 
27 February 2014  
(14-1204)  Page: 1/6  
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 the Legal Protection of the Topologies of 
Integrated Circuits, as notified by the Republ ic 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 la protection juridique des topographies de 
circuits intégrés, 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 protección jurídica de las topologías 
de los circuitos integrados, 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.   IP/N/1/TJK/L/1 
 
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LAW 
OF THE REPUBLIC OF TAJIKISTAN 
ON THE LEGAL PROTECTION OF THE TO POLOGIES OF INTEGRATED CIRCUITS 
 
This Law shall govern the relationships deriving from the creation, legal protection and 
exploitation of the topologies of integrated  circuits in the Republic of Tajikistan. 
  
CHAPTER 1 
GENERAL PROVISIONS 
 
Article 1. Basic Concepts 
The basic concepts used in this Law are as follows: 
- topology of an integrated circuit (hereinaft er "topology") shall mean the three-dimensional 
layout of all the elements constituting an integrated circuit and their interconnections fixed on a 
physical medium; 
- original topology- is a topology which is the result of its creator's creative activity and is 
not known to the creator and (or) specialists in topology design as of the date of its creation. 
- integrated circuit shall mean a microelectronic product in its final or intermediate form 
intended to perform the functions of an electronic  circuit, the elements and interconnections of 
which constitute an integral part of the body and/ or of the surface of the material on the basis of 
which the product was manufactured; 
- right holder shall mean the creator, his heir or any other natural person or legal entity 
enjoying an exclusive right in the topology under the law or a treaty; 
- deposited materials shall mean an assembly topological drawing, a set of photographic 
patterns or photographs of each layer of the integrated circuit, other documents providing 
identification of the registered topology. 
 Article 2. Legislation of the Republic of Tajikistan on the lega l protection of the 
topologies of integrated circuits  
The legislation of the Republic of Tajikistan on the legal protection of the topologies of 
integrated circuits shall be based on the Constitution of the Republic of Tajikistan and shall 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 legal regulations recognized by the Republic of Tajikistan. 
 
Article 3. Authorized State body on the legal protection of the topologies of 
integrated circuits 
Implementation of the functions in the field of  the legal protection of the topologies of 
integrated circuits stipulated by this Law shall be entrusted to the Authorized State Body 
(hereinafter "Patent Office"). 
The empowerment of the Authorized State body in the field of protection of the topologies of 
integrated circuits are determined by this Law and the Law of the Republic of Tajikistan "On 
inventions". 
In cases stipulated by this Law, the Patent Office, in accordance with its competence, shall 
issue regulatory legal acts on the application of this Law. 
An Appeal Board shall be set up, attached to the Patent Office, and shall consider the issues 
brought to its competence by this Law. The Appe al Board shall carry out its authorized functions 
on the basis of the legislation of the Republic of  Tajikistan, the "Appeal Board Statute" approved 
by the head of the Patent Office. 
 
CHAPTER 2 
THE LEGAL PROTECTION OF THE TOPOPO LOGIES OF INTEGRATED CIRCUITS 
 
Article 4. Subject Matter and Co nditions of Legal Protection 
The legal protection afforded by this Law shall apply solely to topologies that are original. 
A topology shall be accepted as original unless proved otherwise. 
A topology which consists of the elements that are commonplace among specialists in 
topology design on the date of its creation shal l enjoy legal protection only if those elements, 
taken as a whole, meet the requirement of originality. IP/N/1/TJK/L/1 
 
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  Concepts, techniques, systems, technologies and encoded information, which may be 
embodied in the topology, shall not be the objects of the legal protection afforded by this Law. 
 Article 5. Legal protection of a topology 
Legal protection of a topology in the Republic of  Tajikistan shall be effected on the basis of 
its registration in accordance with the procedure established by this Law or shall arise from its usage. 
A topology may be registered in the name of a natural person or of a legal entity. 
The right in a topology is protected by the Law and shall be attested by a certificate. 
A certificate shall attest the authorship, the pr iority of the topology, and the exclusive right 
to exploit it. 
The scope of the legal protection afforded to the topology shall be determined by a 
combination of elements and the interconnectio ns as shown on the deposit of identifying  
materials. 
 
Article 6. Authorship in a topology A natural person whose intellectual creative work resulted in a topology shall be recognized 
as the creator thereof. 
Where a topology results from joint intellectual creative work of several natural persons, 
each of those persons shall be recognized as the creator thereof. 
Natural persons shall not be recognized as joint creators where they have not made a 
personal creative contribution to the creation of a topology, but have simply given the creator (or 
creators) technical, organizational or material assistance or helped in registration of the rights to use the topology. 
The right of authorship of a protected topology  shall be an inalienable personal right and 
shall be protected perpetually. 
 
CHAPTER 3 
EXCLUSIVE RIGHT TO EXPLOIT A TOPOLOGY 
 
Article 7. Exclusive right to exploit a topology 
The exclusive right to exploit a topology shall belong to the creator of the topology or any 
other right holder. 
The exclusive right shall give the creator or any other right holder the possibility of 
exploiting the topology at will, in particular, by manufacturing and distributing integrated circuits 
incorporating the topology. 
Use by other persons of the topology in respect of which the creator or other right holder 
possess the exclusive right, shall be permitted only with the consent of the latters. 
 Article 8. Infringement of the exclusive right to exploit the topology The following acts shall constitute an infringement of the exclusive right to exploit the 
topology if performed without the authorization of the creator or any other right holder: 
- reproduction of the whole or a part of the to pology by incorporation it in an integrated 
circuit or in some other manner, except where the part that is reproduced is not original; 
- use, importation, offering for sale, sale or any other form of placing on the market the 
topology or an integrated circuit in which the topology is incorporated. 
 
Article 9. Acts not recognized as infringements of the exclusive right to exploit a 
topology 
The following shall not be recognized as acts infringing the exclusive right to exploit a 
topology: 
- actions for use of a topology, carried out by a third party for the private purposes without 
profit or for the sole purpose of evaluation, analysis, research or teaching; 
- any actions for use of the identical original  topology independently created by a third 
party; 
- use of an integrated circuit incorporating a topology protected by a certificate where this 
integrated circuit has been lawfully placed on the market; 
- use of lawfully acquired integrated circuits or the products incorporating such integrated 
circuits, if the person using them did not know and should not have known, that these integrated circuits or the products incorporating such integrated circuits, are made and distributed with infringement of the exclusive right to use the topo logy. If after receipt of the appropriate notice 
from the right holder of the topology this person continues to use the integrated circuit or the IP/N/1/TJK/L/1 
 
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  product, he shall be obliged to pay an equitable remuneration for each integrated circuit or each 
product containing such an integrated circuit. 
 Article 10. Transfer of the exclusive right to exploit the topology to other natural 
persons and legal entities 
The exclusive right to exploit the topology may be contractually assigned in whole or in part 
by the creator or any other right holder to other natural persons or legal entities. The contract of 
transfer in whole of the exclusive right to exploit the topology (contract of assignment of the rights 
in the topology) or the contract of transfer in pa rt of the exclusive right to exploit the topology 
shall be subject to registration with the Patent Office and shall be deemed invalid without such 
registration. 
The exclusive right to exploit the topology shall be inherited in the order established by law, 
and also by succession. 
 
Article 11. Exclusive right to exploit the topology created under a term of 
employment or a contract for hire 
The exclusive right to use the topology created by an employee in the course of employment 
or pursuant to commission by his employer, shall belong to the employer unless otherwise 
provided in the contract between them. 
The conditions of payment and the amount of re muneration to the creator arising out of the 
creation and exploitation of the topology shall be laid down in the contract concluded between the 
creator and the employer. 
Unless otherwise provided by contract, the excl usive right to exploit the topology created 
under a contract for hire shall belong to the commissioner where such person is not the employer 
of the creator. 
 Article 12. Term of an exclusive right to exploit a topology 
The term of an exclusive right to ex ploit a topology shall be 10 years. 
The commencement of the exclusive right to expl oit a topology shall be determined by the 
earliest of the following dates: 
- the date of the first exploitation of the topology, that is to say the earliest documented 
date on which the topology or an integrated circuit incorporating the topology was first 
commercially exploited anywhere in the world; 
- the date of registration of the topology with the Patent Office. 
Where an identical original topology has been  independently created by another person, the 
overall term of the exclusive right to exploit the topology may not be more than 10 years. 
 
CHAPTER 4 
REGISTRATION OF A TOPOLOGY 
 
Article 13. An application for registration of a topology 
An application for registration of a topology (hereinafter referred to as "application") shall be 
filed with the Patent Office by the creator, by th e employer, whether natural person or legal entity 
(given the conditions specified in part 1 of Arti cle 11 of this Law), by the person, whether natural 
person or legal entity, to whom the creator or th e employer has contractually assigned the right to 
file the application or to whom that right has been transferred by succession (hereinafter referred to as – "applicant"). 
Filing of an application, business transactions with the Patent Office may be performed by 
the applicant directly or through his representative. 
An application for registration shall be filed within a period not exceeding two years after the 
date of the first exploitation of the to pology if there has been exploitation. 
An application for registration shall pertain to only one topology or may include its variants. 
An application shall contain the following materials: - a request for the grant of a certificate with the indication of a person (s) in whose name a 
certificate is sought and the creator, unless the latter didn't object against being mentioned as 
such, their places of business (residence), together  with the date of the first exploitation of the 
topology if that exploitation has taken place; 
- deposit of identifying materials; 
- an abstract. The requirements to be met by the documents co nstituting an application shall be specified 
by the Patent Office. IP/N/1/TJK/L/1 
 
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  The application shall be accompanied by the following documents: 
- a document proving payment of the obligatory charges or the existence of conditions 
justifying exemption from that payment or a reduction in the payment; 
- a power of attorney (where the application is filed by a representative). 
 
Article 14. Examination of the application In the course of the examination of the application it shall be checked that the requisite 
documents are all present and that they  comply with the basic requirements. 
The Patent Office shall examine the application within two months following the date of 
receipt thereof. 
The application shall not be examined to comply with the conditions set out in paragraph 2 
of Article 4 of this Law. 
Where the documents contained in the application do not comply with the prescribed 
requirements, the applicant shall be requested to furnish the corrected or missing documents 
within two months from the date of receipt of the invitation. If the applicant fails, within the 
prescribed time limit, to comply with the request or to apply for extension of the said time limit, the application shall be deemed to have been withdrawn and the applicant shall be notified 
accordingly. 
In the event of any disagreement with the deci sion taken on the examination, the applicant 
shall have the right, within three months followin g the date of receipt of the decision, to appeal 
against that decision to the Appeal Board. The appeal shall be considered within four months 
following the date of receipt thereof. 
The decision of the Appeal Board may be appealed by the applicant to the Court within six 
months from the date of its receipt. 
If during examination it is found that the documents contained in the application comply 
with the prescribed requirements, the Patent Office shall take the decision to issue a certificate of 
registration of the topology and shall enter its pa rticulars in the State Register of Topologies of 
Integrated Circuits (hereinafter – "Register"). 
Rules of Register keeping and the content of th e particulars to be entered in the Register 
shall be established by the Patent Office. 
 
Article 15. Issue of a topology certificate  
The Patent Office shall issue a topology certificate after having entered the particulars of the 
topology in the Register, within one month following the date of receipt of the document attesting 
payment of the prescribed obligatory charges. 
Where a certificate was sought in the names of several persons they shall all be issued a 
single certificate. 
 
Article 16. Publication of part iculars of the registration 
Particulars related to the registration of the topology and entered in the Register under the 
provisions of Article 14 of this Law shall be published by the Patent Office in the Official Bulletin 
within six months after the registration of the topology in the Register. Any subsequent 
amendments to the particulars of the registrati on of the topology shall also be published. 
The list of particulars to be published in the Official Bulletin shall be determined by the 
Patent Office. 
 
CHAPTER 5 
EXPLOITATION OF THE TOPOLOGY AND A SSERTION OF RIGHTS IN THE TOPOLOGY 
 
Article 17. Exploitation of the Topology Exploitation of the topology shall mean reproduction, usage, import, offer for sale, sale, and 
other introduction into civil circulation of this topology or an integrated circuit incorporating such 
topology. 
The conditions for exploitation of the topology the rights in which belong to more than one 
person shall be laid down by an agreement between such persons. 
In order to advertise his rights, the creator of a topology or his successor in title shall have 
the faculty of affixing to a protected topology or to products incorporating that topology an 
indication in the form of a capital letter "T", th e date on which the exclusive right to exploit the 
topology took effect and information to identify the right holder. 
 IP/N/1/TJK/L/1 
 
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  Article 18. Assertion of rights in a topology 
The creator (any other right holder) of a topology may request: - recognition of his rights; - restoration of the situation existing prior to infringement of his rights and cessation of the 
acts that infringe his rights or that are liable to infringe them; 
- compensation for losses incurred  taking into account the amount of profits unlawfully 
gained by the infringer; 
- adoption, in conjunction with the defense of his rights, of other measures provided for by 
legislative acts. 
C o p i e s  o f  i n t e g r a t e d  c i r c u i t s  t h a t  h a v e  b e e n  u n l a w f u l l y  m a n u f a c t u r e d  a n d  ( o r )  o f  t h e  
products incorporating the integrated circuits thus manufactured, and also the materials and 
equipment used in their manufacture may be, in line with the procedure provided by the legislation 
of the Republic of Tajikistan, be confiscated, de stroyed or transferred to the right holder of the 
topology reproduced in these integrated circuits to compensate for the losses at his request. 
 
CHAPTER 6 
FINAL PROVISIONS 
 
Article 19. Obligatory charges and a procedural payment Filing of an application, grant of a topology certificate, as well as extension and 
reinstatement of missed terms shall be performed with obligatory charges. 
Carrying out examination, entering amendm ents and corrections to the application 
documents, publication of particulars of registrati on of a topology, consideration of appeals in the 
Appeal Board, as well as other actions related to registration of topologies shall be performed with 
a procedural payment payable to the Patent Office. 
Obligatory charges and a procedural payment shall be paid for by the applicant, right holder, 
or, in agreement with them, by any natural persons or legal entities. 
The procedure, amounts and time period for payment of the obligatory charges and 
procedural payment shall be determined by th e Government of the Republic of Tajikistan. 
 Article 20. Protection of the rights in a topology abroad 
The creator of a topology or any other right hold er may seek legal protection of the topology 
abroad. 
 
Article 21. 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 natural persons and legal entities of th e Republic of Tajikistan in accordance with 
international treaties to which the Republic of Tajikistan is a party or on the basis of reciprocity. 
 Article 22. Liability for Breaches of This Law Foreign natural persons and legal entities shall bear liability for the breach of this Law 
pursuant to legislation of the Republic of Tajikistan. 
 Article 23. Procedure for entry into force of this law 
This Law shall enter into force after its official publication. 
  
President of the Republic of Tajikistan 
Dushanbe 
22 December, 2006 
№ 218 
 
 
 
 
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