IP/C/W/604/Add.1  
 
21 August 2015  
(15-4252)  Page: 1/5  
Council for Trade-Related Aspects of 
Intellectual Property Rights  Original: English  
 
 REVIEW OF LEGISLATION 
FOLLOW-UP QUESTIONS POSED BY TH E UNITED STATES OF AMERICA 
Addendum 
By means of a communication from the delegation  of the United States, dated 28 July 2015, the 
Secretariat has received a copy of the following follow-up questions that it has communicated to 
Tajikistan . 
_______________ 
TAJIKISTAN 
1 COPYRIGHT 
 1.  We note that during the accession process,  we had an opportunity to review Tajikistan’s 
Copyright law, but that the Copyright law has no t 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? 
(No follow-up question
1) 
 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 noted would be cl arified 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 no t appear to refer to "a wording/translation 
problem in Articles 4 and 30". However, any wordin g/translation issues that may have existed at 
time document WT/ACC/TJK/23 was compiled have been corrected.  
US 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" 
 3.  Page 83, paragraph 262: In earlier documents, the Government of Tajikistan had clarified 
that works whose term had expired and had fallen in to 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.  
                                               
1 Tajikistan notified it's Law on the Copyright Law and Related Rights of 14 April 2015 to the WTO in 
document IP/N/1/TKJ/2 and IP/N/1/TKJ/C/1. IP/C/W/604/Add.1 
 
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  Tajikistan's reply: 
 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. 
 (No follow-up question) 
 
4.  Page 83, paragraph 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 "originally" 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 available in a 'conventional' manner. Such works 
can be reproduced using Braille, thus making them available to the blind. However, this exception 
does not cover the works that have been created to be published in Braille, which are protected by 
copyright as any other work.  US 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? 
 
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? 
 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 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. 
 (No follow-up question)  
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" demonstrations. Does Article 16(5) include 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 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.  
 (No follow-up question) 
 IP/C/W/604/Add.1 
 
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  7.  Page 28, Question 68/97: Please clarify where broadcasting organizations have the right to 
prohibit non-simultaneous broadcasting/communication to the public via wireless broadcasting.  Tajikistan's reply: 
 
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, which enabled their direct implementation. Furthermore, in case of an y conflict between the ratified international 
agreement/convention and the domestic legislatio n, ratified international agreement/convention 
prevails.   
 US 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? 
 
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 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 Geneva Convention) on 
26 February 2013.  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 Tajikist an in 1998 because the 25 year term had expired, 
protected in Tajikistan? For example, how long wo uld 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 th ese were in the public domain in Tajikistan in 
1998 because the 25 year term had expired. In th e example above the work will be protected in 
Tajikistan 50 years after the death of its U.S. author, i.e. until 2050.  
 US Follow-up Question :   
 
I refer to question 2, above, which notes th at Articles 4 and 30 still say "and" instead of 
"or" 
 
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?  
Tajikistan's reply: 
 Yes, they do. 
 
US Follow-up question:  
Where does the law provide for this? 
  IP/C/W/604/Add.1 
 
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  2 PATENTS 
 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.  
(No follow-up question)  
 3 PROTECTION OF UNDISCLOSED INFORMATION 
 
12.  We look forward to reviewing 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. 
 (No follow-up question)  
 
4 ENFORCEMENT  
13.  We note that during the accession 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 Tajikistan  there is no such thing as the "Enforcement law". 
Each substantive IP law contains also some provis ions 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.   (No follow-up 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 anti-competitive 
licensing.  
 (No follow-up question)  
 
15.  Are only Tajikistani citizens permitted to be pa tent 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.  
(No follow-up question)  IP/C/W/604/Add.1 
 
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  16. Can you provide some examples of recent actions to enforce intellectual property rights? Do 
customs and criminal enforcement officials have ex officio authority to enforce intellectual property rights? What measures are Tajikistan taking to a ddress 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. 
Tajikistan plans to address the issue of IP enforcement in due course.  (No follow-up question) 
 
17. Are penalties for counterfeiting and piracy a dete rrent so that infringers do not view fines and 
penalties as merely 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.  (No follow-up question)  
 
18. We recognize that Tajikistan is committed to in tellectual property rights. In this respect, does 
the Government of Tajikistan take the necessary steps to eliminate unlicensed software use by all 
Government Ministries, including the allocation of appropriate funding for the purchase 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.  
 
(No follow-up question)  
19. We note that US 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 . 
 
(No follow-up question)  
 
WT/ACC/SPEC/TJK/5/Rev.2 
 20. Page 83, Paragraph 263: Regarding Tajikistan's answer to  question 93 regarding whether 
the phrase "...exclusively for the purposes of pe rsonal 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? 
 
Tajikistan's reply:  
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.  
(No follow-up question) 
__________