IP/N/6/TJK/1  
 
27 October 2014  
(14-6233)  Page: 1/7  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
 CHECKLIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM TAJIKISTAN  
 
Civil and Administrative Procedures and Remedies 
(a) Civil judicial procedures and remedies 
 1. Specify the courts which have jurisd iction over IPR infringement cases. 
 
Courts of general jurisdiction and economic courts may have jurisdiction over IPR infringement 
cases, depending on the legal status of the parties.  
2. Which persons have standing to assert  IPRs? How may they be represented? Are 
there requirements for mandatory personal appearances before the court by the right 
holder? 
 
Any person, natural or legal, whose intellectual property rights have been infringed upon, has the right to file a petition to the court and request protection of rights. Any party to the court proceedings, including those arising from IPR infringement, may choose to represent himself or to 
be represented by a lawyer.  There are no re quirements for mandatory personal appearances 
before the court by the right holder.   
3. What authority do the judicial authorities have to order, at the request of an 
opposing party, a party to a proceeding to  produce evidence which lies within its 
control?  
 
The court has the authority to order a party to the proceedings to produce evidence that lies within its control, either on its own initiative or at the request of an opposing party.   
Party who is not able to present the evidence requested by the court must notify the court within 
five days from receiving the request and substantiate the reasons. If the party fails to notify the court of its inability to provide the evidence or if the court finds that the reasons for not providing 
evidence are unsubstantiated, the court has the authority to fine such a party. However, 
imposition of a fine does not release the party to the proceedings from the obligation to present the evidence to the court. 
 
4. What means exist to identify and protec t confidential information brought forward 
as evidence?  
Court proceedings are open to the public. 
 The proceedings may be closed to the public if information containing the state secret is involved, 
and also in the case where the party to the proceedings requests the court to close the 
proceedings for the public in order to safeguard commercial or official or other confidential information protected by law. 
 
                                               
1 Document IP/C/5. IP/N/6/TJK/1 
 
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  5. Describe the remedies that may be ordere d by the judicial authorities and criteria, 
legislative or jurisprudential, for their use:  In accordance with Article 1137 of the Civil Code of  the Republic of Tajikistan, upon the request of 
the right holder the court is authorized to decide on the following: 
 
- Recognition of the right;  
- Preventing the actions infringing the right or creating a threat of its infringement; 
- Reimbursement of damages; - Confiscation of the material and equipment used to commit the infringement and 
material objects created as a result of such infringement; 
- Publication of the judicial decision on the infringement committed. 
 In addition, in accordance with Article 48 of the Law on Copyright and Neighbouring Rights, the 
holder of the copyright and/or neighbouring right is entitled to:   
 
- Recovery of the profit gained by the infrin ger as a result of infringement of copyright 
or neighbouring rights instead of compensation for damages; 
- Payment of compensation in the amount determined by the court instead of recovery 
of profit or compensation for damages. 
 
The counterfeited/pirated copies of a work or a phonogram can be given to the right holder at 
his/her request. Counterfeited/pirated copies of work or phonograms unclaimed by the right holder are destined to destruction.  
  
The specific criteria for the use of remedies are not prescribed by the legislation. The implementation of remedies would be decided by the court depending on the circumstances of the 
case.    
 6. In what circumstances, if any, do judi cial authorities have the authority to order 
the infringer to inform the right holder of th e identity of third persons involved in the 
production and distribution of the goods or se rvices found to be infringing and of their 
channels of distribution?  
There is no provision in the legislation that would expressly provide such authority to judicial 
authority.   
7. Describe provisions relating to the indemnification of defendants wrongfully 
enjoined. To what extent are public authoritie s and/or officials liable  in such a situation 
and what "remedial measures " are applicable to them? 
 
In accordance with Article 123 of the Code of Criminal Procedure of the Republic of Tajikistan any 
person may file a complaint in respect of an activity, or the absence thereof, of an official.  The complaint is to be lodged to the prosecutor over seeing legality of proceedings. The prosecutor 
must consider the compliant within three da ys from the day of submission. Where the 
circumstances of the case so warrant, the time limit  may be extended to seve n days. As a result, it 
can be decided to annul or alter the decision made during the proceedings that were subject to 
complaint. The complainant and any interested persons must be notified of the decision. 
 The complaint against the actions (or inactivity) of a prosecutor may be lodged the higher instance 
prosecutor.  
 
8. Describe provisions governing the leng th and cost of proceedings.  Provide any 
available data on the actual durati on of proceedings and their cost. 
 
There are no specific provisions that govern the length and the cost of the proceedings, which both 
may differ depending on the circumstances of each  particular case. Intellectual property related 
cases are few and far between and the reliable data  on their length and costs are not available. 
 IP/N/6/TJK/1 
 
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  (b) Administrative procedures and remedies 
 9. Reply to the above questions in relation  to any administrative procedures on the 
merits and remedies that may result from these procedures. 
 
There are no administrative procedures and/or remedies that would correspond to those discussed in the above questions.   
 
Provisional Measures  
(a) Judicial measures 
 
10. Describe the types of provisional measures  that judicial authorities may order, and 
the legal basis for such authority.  
Provisional measures are regulated by Articles 89-98 of the Economic Procedural Code of the 
Republic of Tajikistan.  
In accordance with these provisions the econom ic court, at the request of the party to the 
proceeding or of another interested person, may order urgent provisional measures aimed at securing the claim or interest of the applicant.  
The measures can be the following: 
 
- Arrestment of monetary funds or other pr operty belonging to the defendant and being 
in his/her possession or in possession of other persons; 
- Prohibition to the defendant and other persons to effect certain actions concerning the 
matter of dispute; 
- Assignment to the defendant the obligation  to perform certain actions for prevention 
of spoilage, deterioration of the disputed property;  
- Transfer of the disputed property to the plaintiff or other person for storage; - Suspension of the enforcement based on the disputed judicial civil order or other -
document; 
- Suspension of the sale of confiscated proper ty in case of filing a suit challenging the 
confiscation. 
 
Several measures can be taken simultaneously. The measures must be commensurate to declared claims. Provisional measures are ordered for a period of time necessary to decide the merits of the 
case.  
 11. In what circumstances may such measures be inaudita altera parte ? 
 
There is no provision that would expressly provide for such measures to be taken inaudita altera 
parte.  
 
12. Describe the main procedures for the in itiation, ordering and maintenance in force 
of provisional measures, in pa rticular relevant time-limits and safeguards to protect the 
legitimate interests of the defendant. 
 
The request for provisional measure may be submitted to the court either simultaneously with the application initiating the proceedings or at any time in the course proceedings. The request for provisional measure must include inter alia  the following: 
 
- Proposed provisional measure; - Rationale for the proposed provisional measure; 
- Evidence supporting the request. 
 The court must consider the request not later than on the day following submission of the request. 
Based on the review of the request the court may decide to order the measure or to decline it. The 
decision on provisional measures must be communicated to the applicant, parties to the proceedings and other persons that may be affected by the measure, not later than on the day following the issuance of a decision. In case of a decision to decline the request for provisional IP/N/6/TJK/1 
 
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  measure, such decision is communicated to the applicant only. The decision to order the 
provisional measure or to decline it may be appealed. However, the appeal lodged against the decision to grant the provisional measure does not stay the enforcement of such a provisional 
measure. 
 
Upon the request of the applicant or the defendant the court may replace one provisional measure with another. Provisional measures remain in force for a period of time necessary to resolve the 
merits of the case. Upon the request of the app licant or the defendant the court may reconsider 
the decision to grant a provisional measure and decide to maintain it or cancel it. Any such decision is subject to appeal.   
According to Article 98 of the Economic Procedural Code, the court is also authorised to order 
preliminary provisional measures, whose purpose is to protect interest of the applicant even before filing the claim. The decision of the court gr anting the preliminary provisional measure must 
contain the time period, not exceeding 20 days, fo r filing the claim by the applicant. If the 
applicant fails to file the claim within such a time limit, the court cancels the preliminary provisional measure.     
 
13. Describe provisions governing the leng th and cost of proceedings.  Provide any 
available data on the actual durati on of proceedings and their cost. 
 
There are no specific provisions that govern the length and the cost of the proceedings, which both 
may differ depending on the circumstances of each  particular case. Intellectual property related 
cases are few and far between and the reliable data  on their length and costs are not available. 
 
(b) Administrative measures 
 
14. Reply to the above questions in rela tion to any administrative provisional 
measures.  There are no administrative procedures and/or remedies that would directly correspond to those 
discussed in the above questions. 
 However, there are provisions that more correspond in their nature to criminal provisions. Notably, 
Chapter 22 (Articles 375-381) of the Code of the Republic of Tajikistan on Administrative Offences 
provides for administrative offences related to violation of intellectual property rights. The cases under these provisions are decided by the courts  of general jurisdiction and economic courts. 
 
The administrative offences under Chapter 22 of the Code on Administrative Offences are the 
following:  
- Violation of exclusive rights of a patent holder; 
- Illegal production, importation, storage, sale, renting or other illegal use of the copies 
of an author's work or a phonogram; 
- Illegal use of a trademark, service mark, appellation of origin and the firm name. 
 The punishment for all of the above is a fine and the confiscation of any objects of the 
administrative offence. 
 Special Requirements Rela ted to Border Measures 
15.  Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulat ion, in particular whether these procedures 
are available also in respect of goods wh ich involve infringements of intellectual 
property rights other than counterfeit trad emark or pirated copyright goods as defined 
in the TRIPS Agreement (footnote to Articl e 51).  Specify, together with relevant 
criteria, any imports excluded from the app lication of such procedures (such as goods 
from another member of a customs union, goods in transit or de minimis  imports).  Do 
the procedures apply to imports of goods pu t on the market in another country by or 
with the consent of the right holder and to goods destined for exportation?   IP/N/6/TJK/1 
 
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  In accordance with Article 437 of the Customs Code of the Republic of Tajikistan, the customs 
authorities are authorized to suspend the releas e of any goods subject to copyright and related 
rights, trademarks, service marks and the appellation of origin, whenever such goods are found to be moving across the customs border or involved in any procedure administered under the 
customs control. 
 Under Article 444 of the Customs Code the IPR border measures are not applicable to goods 
carried across the customs border by natural persons or sent by international mail in small 
amounts, if such goods are intended for person al, family, home and other non-entrepreneurial 
activities.  
The procedure does not apply to imports of goods put on the market in another country by or with 
the consent of the right holder. The procedure is applicable to goods destined for exportation.  
16. Provide a description of the main elem ents of the procedures relating to the 
suspension of the release of goods by custom s authorities, in particular the competent 
authorities (Article 51), the requirements fo r an application (Article 52) and various 
requirements related to the duration of susp ension (Article 55).  How have Articles 53 
(security or equivalent assurance), 56 (indemni fication of the importer and of the owner 
of the goods) and 57 (right of inspecti on and information) been implemented? 
 
According to article 441 of the Customs Code, if in the course of the customs clearance or the 
customs control procedure the customs authority iden tifies the goods indicated by the right holder 
as pirated/counterfeit, the customs authority is authorized to suspend the release of such goods 
for 10 working days. Upon the substantiated written request by the right holder or his 
representative this time limit may be extended by no more than a further 10 working days, if such person has applied to the competent authorities for protection of his rights. 
 
The decision to suspend the release of goods and extend the suspension of the release of goods 
must be made in writing by the head of the customs authority or his deputy.   
The customs authority, not later than the next da y after the suspension of the release of goods, 
notifies the right holder (his/her representative) about the reason and term of such suspension, as 
well as notifies the declarant of the designation (name) and address of the right holder (his/her 
representative), and notifies the right holder (h is/her representative) of the designation (name) 
and address of the declarant.  
The right holder is responsible for the damages caus ed to the declarant, owner, recipient of goods 
as a result of the suspension of the release of goods, if it was found that the goods (including 
packaging and labelling) were not counterfeit.   
Under Article 442 of the Customs Code the right ho lder and the declarant and their representatives 
may take samples and inspect the suspected goods (including examination and taking 
photographs) subject to the written approval by the customs authority and under the customs 
control. Upon the request of the right holder the customs authority may provide additional 
information necessary to prove infringement of rights.   
17. Describe provisions governing the leng th and cost of proceedings.  Provide any 
available data on the actual duration of pr oceedings and their cost.  How long is the 
validity of decisions by the competent author ities for the suspension of the release of 
goods into free circulation? 
 
There are no specific provisions that govern the length and the cost of the proceedings, which both 
may differ depending on the circumstances of each particular case. There are no available reliable 
data on their length and costs. 
 In accordance with the Article 440 of the Customs Code, the validity of decision by the competent 
authority for the suspension of the release of go ods into free circulation depends primarily on the 
right holder (or his representative), who can reques t the period of validity, however, not exceeding 
five years from the date of inscription of the intellectual property right into the register maintained by the customs authority. The validity of a decision cannot in any case exceed the period of 
protection of the intellectual property right concerned. IP/N/6/TJK/1 
 
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18.  Are competent authorities required to ac t upon their own initiative and, if so, in 
what circumstances? Are there any special provisions applicable to ex officio  action? 
 
The customs authorities are authorized to act ex officio  provided that the right holder has 
registered the intellectual property right with the customs authority and that such right has been inscribed the appropriate register maintained by the customs authority.   
 
19. Describe the remedies that the competen t authorities have the authority to order 
and any criteria regulating their use.  
The customs authorities have no authority to order any remedies. They have the authority to 
suspend the customs procedure only for the peri od not exceeding 20 working days. During that 
period the right holder may apply to competent authorities and/or courts and request IPR 
protection in the appropriate civil, criminal or administrative procedure, as described in answers to 
other questions in this questionnaire. The customs authority must follow the decision(s) of the court or other authority competent for protection of IPRs. If there is no decision/instruction by the 
court or other authority within the said time limi t, the suspended procedure must continue and the 
goods eventually must be released, provided that other conditions for the release have been fulfilled.   
Criminal Procedures 
20. Specify the courts which have jurisdiction  over criminal acts of infringement of 
IPRs. 
 
Courts of general have jurisdiction over criminal acts of infringement of IPRs.  
21. In respect of which infringements of whic h intellectual property rights are criminal 
procedures and penalties available?  Criminal procedures and penalties are available for infringement of the following intellectual 
property rights: 
 
- Copyright and neighbouring rights; 
- Inventions (patents), industrial designs and utility models; 
- Trademarks. 
 
22. Which public authorities are responsible for initiating criminal proceedings?  Are 
they required to do this on their own initia tive and/or in respon se to complaints?   
 Public prosecutor's office is responsible for initiating criminal proceedings. Public prosecutor's office 
can initiate criminal proceedings on their own initiative or upon the complaint of the right holder 
whose right has been infringed.  
23. Do private persons have standing to init iate criminal proceedings and, if so, who? 
 Private persons do not have standing to initiate criminal proceedings; however private persons 
may file a complaint to the public prosecutor's office and request the prosecutor to initiate the 
case.  24. Specify, by category of IPR and ty pe of infringement where necessary, the 
penalties and other remedies that may be imposed: 
 
- imprisonment; 
- monetary fines; 
- seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production; 
- other. 
 Infringement of any intellectual property rights pr ovided for in the Penal Code of the Republic of 
Tajikistan (copyright and neighbouring rights, patents, industrial designs and utility models, IP/N/6/TJK/1 
 
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  trademarks) is punishable by either monetary fine or imprisonment, depending on the 
circumstances of the case. In addition to fine an d incarceration, confiscation of infringing goods 
and materials and implements for their production may be ordered.    
25. Describe provisions governing the length  and any cost of proceedings.  Provide any 
available data on the actual duration of proceedings and their cost, if any. 
 
There are no specific provisions that govern the length and the cost of the proceedings, which both 
may differ depending on the circumstances of each  particular case. Intellectual property related 
cases are few and far between and the reliable data on their length and costs are not available.  
 
 
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