RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/TJK/16 
27 October 2008 
 (08-5193) 
Working Party on the  
Accession of Tajikistan Original:   English 
 
 
 
ACCESSION OF TAJIKISTAN 
 
Questions and Comments on Certain Legisl ation from the Republic of Tajikistan  
  
 The following submission, dated 8 October 2008, is being circulated at the request of the 
Delegation of the Republic of Tajikistan.   
_______________  WT/ACC/TJK/16 
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 TABLE OF CONTENTS 
1. The Customs Code of Tajikistan (3 December 2004) ............................................................1  
2. Regulation No. 337 on Specifics of Licensing of Certain Types of Activities ....................10  
3. Draft Law on Technical Regulations.....................................................................................11  
4. Civil Code of the Republic of Tajikistan...............................................................................12  
5. Draft Law on Trademarks  and Service Marks ....................................................................14  
6. Draft Law on Geographical Indications ...............................................................................16  
 
  WT/ACC/TJK/16 
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 1. The Customs Code of Tajikistan (3 December 2004) 
- Rules of Origin Question 1 Article 31:  The general rule under Article 31, prov iding that the country of origin is defined as 
the country where the goods were "wholly produ ced" or underwent "sufficient processing", is 
that "goods are considered as originating in a given country if the operations on processing or 
manufacturing of goods result in a change in the classification code of the goods at the level of any of the first four digits according to the Co mmodity Nomenclature of the Foreign Activities."  
What is the Commodity Nomenclature of the Foreign Activities and is it in national legislation?  
Could Tajikistan provide an example of this rule's operation?  When would Article 31, 
paragraph 4 (regarding "additional" criteri a to be used for sufficient processing 
determinations) be applicable?  What is th e procedure established by the Government of 
Tajikistan for purposes of this paragraph?  Is this procedure in national legislation? 
Answer:
 
The Commodity Nomenclature of the Foreign Econo mic Activities (CN FEA) is a classification code 
of the goods at the level of 11 digits and based on HS 2002.  CN FEA is applied by all NIS countries 
in accordance with the agreement on applicati on of CN FEA for Eurasian Economic Community 
adopted by the Resolution of the Government of Tajikistan on 5 February 2003 (No. 44).  
First four digits of the code are fully consistent with HS 2002 coding.  Therefore, any change in the 
classification code of the goods at the level of any of  the first four digits - is a primary method for 
determining "sufficient processing".  Such method is  applied to all goods, except for those classified 
under "additional criteria" - i.e. certain manufactur ing or technological processes, sufficient for 
determination of origins or ad valorem  criteria.  Although Article 31(4) of the Customs Code 
stipulates for a certain procedure for such "additiona l criteria", however, currently there is no such 
procedure in Tajikistan.  
Question 2 
Article 35:  This article requires the submission of a certificate of origin and defines "certificate 
of origin" as a document unambiguously proving the country of origin of goods which is issued 
by the Bodies or Organizations authorized by th at country or by the country of exportation, 
provided that in the country of exportation the certificate of origin is issued based on information received from the country of origin of the goods.  Could Tajikistan explain this 
provision?  What "Bodies or Organizations" are re quired to sign the certificates of origin in the 
exporting countries?  Could Tajikistan also clarify Article 35, paragraphs 4 and 5 which 
basically state that their customs administration shall be entitled to apply to the authorized 
Bodies or Organizations in the country of export that issued the certificate to present additional 
documents or clarifications?  It should be noted that our Government, for general trade 
purposes, does not generate certificates of origin for exporters.  
Answer:
 
In accordance with Article 10 of the Law of the Re public of Tajikistan "On Chamber of Commerce of 
the Republic of Tajikistan", the Chamber of Comme rce is duly authorized to provide assistance to 
domestic and foreign enterprises and entrepreneurs in the process of obtaining patents for inventors, 
industrial designs and utility models, registration of trade marks, service and appellation of origins as WT/ACC/TJK/16 
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 well as authentication of certificates of origin an d other documents related to implementation of 
foreign economic activity.  
Chambers of Commerce considered as "Bodies or Organi zation", which issue certificates of origin in 
the country of export.  In the event there are re asonable doubts on part of the Chamber of Commerce 
with regards to the authenticity of the certificat e of origin, the Chamber may request a relevant 
authorized Body or Organization in the country of export that issue the certificate to present 
confirmation.  Besides, Customs Bodies may also arb itrarily check certificates as to their authenticity.  
It's necessary to note, that in accordance to Article 36, a document,  authenticating the country of 
origin is granted in such cases, when Tajikistan a pplies tariff preferences to the exporting country, in 
accordance to legal acts and international agreements of Tajikistan.  In such cases, certificate of origin 
should be submitted to Customs along with the cust oms declaration.  Applying tariff preferences may 
be conditioned upon submission of a certificate of orig in filled out in a certain format, established by 
legal acts and international ag reements of Tajikistan.  
- Valuation 
Question 3 
Article 354:  This article provides the sequential application of valuation methods.  Article 354 
provides the importer with the right to request changing the order of application of the deductive and computed value methods, in acco rdance with Article 4 of the WTO Agreement.  
Article 354 also indicates that the information required to determine cu stoms value must be 
prepared in accordance with th e book accounting of Tajikistan .  Please confirm whether these 
generally accepted accounting principles are in th e national legislation?  If not, how does 
Tajikistan intend on dealing with this issue? 
Answer:
 
According to the Resolution of the Government of the Republic of Tajikistan of 3 October 2006 
(No. 465), Tajikistan is in the process of intr oduction of generally accepted accounting principles.  
Tajikistan plans to complete this process by 2010.  Besides, according to Article 8 of the Law of 
Tajikistan "On Banks and Banking Activity" and Article 29 of the Law of Tajikistan 
"On Accounting", the National Bank of  Tajikistan applies unified standa rds and principles of financial 
accounting in accordance with international accounting standards.  
Question 4 
Article 355:  This article generally provides that  the customs value of goods shall be the "price 
actually paid or payable" when sold for export  to Tajikistan.  The price actually paid or 
payable concept is one of the most important concep ts of transaction value.  Is there a definition 
in the legislation for "price actually paid or p ayable"?  If not, how does Tajikistan intend on 
addressing this issue? 
Answer:  
There is no a definition in the legislation for "price actually paid or payable".  Currently, a Draft Law 
with amendments to the Customs Code is being pr epared. According to the Draft Law, Article 355(1) 
will have the following addition:  "for the purposes of this article, price actually paid or payable 
represents a total sum which includes all payments, pa id or payable by a buyer directly to the seller 
and (or) third party on behalf of the seller for im porting goods.  Payments may be made directly or 
indirectly in any form to the seller or third parties on behalf of the buyer."  WT/ACC/TJK/16 
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 Question 5 
Article 355 also appears to incorporate the ad justments to transactio n value set forth under 
Article 8 of the WTO Customs Valuation Agreement ("CVA").  It is not clear, however, how 
Tajikistan intends to address the importan t information regarding buying commissions, 
royalties and licence fees, and guidance on how to apportion assists, set forth in the CVA's Note 
to Article 1.  Please explain how Tajikistan plans to incorporate these adjustments into its law.   
Answer:  
It should be noted that Article 355 of the Customs Code  of Tajikistan is consis tent with Article 8 of 
the WTO Agreement on Customs Valuation.  More over, Customs Body under the Government of 
Tajikistan adopted the following documents, whic h represent provisions of the CVA's Note to 
Article 1: 
- Rules for filling out customs declaration forms; 
- Rules for filling out forms for correcting customs value; - Examples of providing information in the customs declaration (forms DTS 1 and DTS 2) 
when applying various methods of customs valuation; and 
- Order on adoption of the format of the form s (DCV 1 and DCV 2) and forms for correcting 
customs value (CCV 1 and CCV 2). 
Question 6 
Please confirm that paragraphs 8, 9, and 10 of this Article pertain to situations where there are 
sales between related parties.  For clarity, the three paragraphs would be improved if the language "in sales between related parties" we re incorporated into each paragraph.   
Answer:
 
Tajikistan confirms that paragraphs  8, 9 and 10 of Article 355 of th e Customs Code of Tajikistan is 
relevant to the situations, when there ar e transactions between related parties.  
Question 7 
Article 356:  Article 2 of the CVA provides that, if transaction value cannot be used, the customs 
value shall be the transaction value of identica l goods sold for export to the same country of 
importation and exported at or about the same time as the goods being valued.  Tajikistan's legislation appears to satisfy the general requi rements of this provision.  However, the CVA 
states that, in applying the identical goods value method, an identical value has to have been previously accepted under the transaction value me thod.  This qualification is a very important 
point; please confirm that it has been included in  Tajikistan's legislation.  If not, how does 
Tajikistan intend on addressing the issue?  Th e CVA also provides more specific guidance on 
the evidence on which administrations can ma ke adjustments when considering different 
commercial levels or different quantity levels.  Does Tajikistan intend on providing more guidance on this issue? 
Answer:
 
With the adoption of above listed documents (see an swer to Question 5), containing provisions of the 
CVA's Note, there is no more need for adoption of additional documents.  So, Article 356 of the 
Customs code fully conforms to Article 2 of the CVA and is applied with the full understanding, and 
in accordance with the CVA.  WT/ACC/TJK/16 
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 Question 8 
Article 357:  This article addresses the tr ansaction value of similar goods and provides 
guidelines on this method of valuation.  The same issues presented under Article 356, supra , 
should be raised here:  (i) Tajikistan should  note that the similar value must have been 
previously accepted under the transaction value method (very important); and, (ii) confirm 
whether further guidance regarding evidence on  which adjustments can be made will be 
provided. 
Answer:
 
With the adoption of above listed documents (see an swer to Question 5), containing provisions of the 
CVA's Note, there is no more need for adoption of additional documents.  So, Article 356 of the 
Customs code fully conforms to Article 2 of the CVA and is applied with the full understanding, and 
in accordance with the CVA.  
Question 9 
Article 358:  This article addresses the deducti ve value method.  The CVA defines the term 
"unit price at which goods are sold in the greatest  aggregate quantity."  It does not appear as if 
this term is defined in Tajikistan's legislat ion.  How will Tajikistan address this issue?  
Tajikistan should also provide commentary in the legislation on the term "profit and general 
expenses" in accordance with the guidance provided in the CVA's Note to Article 5. 
Answer:  
Above listed terminology is defined in the legislation of the Republic  of Tajikistan, so there is no need 
for adopting any other additional documents.  
Question 10 Article 359:  This article addresses the computed value method.  The details of all costs that 
must be included under the WTO Agreement appear to  be included in the legislation.  However, 
Tajikistan should address the comm entary set forth in the CVA's Note to Article 6.  In this 
regard, the Note to Article 6 explains the co nditions under which the computed value can apply 
(paragraph 1); provides the scope of the terms "c ost or value" (paragraphs 2 and 3); explains 
the phrase "amount for profit and general ex penses (paragraphs 4 and 5); addresses the 
obligation to inform importer, if requested, wh en certain information is used to determine 
computed value and confirms the confidentialit y of information (paragraph 6); explains the 
term "general expenses" (paragraph 7); and, expl ains the phrase "of the same class or kind" 
and that is must be determined on a case-by-c ase basis for purposes of this article (paragraph 
8).  How does Tajikistan intend on addressing these outstanding issues? 
Answer:
 
These matters have been defined in the same unders tanding as in provisions of CVA.  Tajikistan takes 
full note of the CVA's Note commentaries, so th ere is no need for additional provisions in the 
legislation.  
Question 11 Article 360:  This article addresses the fallback va lue method and is referred to as the "reserve 
method" in Tajikistan's legislation, and provides a list of restrictions under this method as  WT/ACC/TJK/16 
 Page 5 
 
 
 required by the CVA.  However, does the legislat ion specifically provide the right of written 
explanation to the importer regarding the method  used by Tajik Customs to determine value 
under the reserve method?  If not, how will this issue be addressed? 
Answer:  
According to the paragraph 2.1 of Article 365 of the Customs Code, Customs Body has an obligation 
to respond to the written inquiry by the customs decl arant with the information in a written form on 
procedures and methods of customs valuation.  
Question 12 
Article 364:  This article sets forth the rights and obligations of the importer when determining 
customs value.  Article 364 states that, in case of a disagreement with the decision made by the 
customs authority with regard to the customs value of goods, the importer may appeal such 
decision in compliance with the procedures stipulat ed by the normative legal acts of Tajikistan.  
Are these procedures the appeal procedures set fo rth under Chapter 7 of the Tajik Code?  If so, 
could Tajikistan clarify that the rules satisfy the requirements of Article 11 of the CVA that require, in part, that the legislation of each member provide for the right of appeal without 
penalty and that the final right of appeal to a judicial authority be available?  It should also be 
noted that the WTO Secretariat recommends that new signatories consider establishing a fair and independent review mechanism within their customs administration as a first point of redress for importers. 
Answer:
 
Rules for appeal, stipulated in Chapter 7 of the Cu stoms Code of Tajikistan are applied when importer 
appeals any decision of the Customs Body.  Such ru les provide for the right of administrative appeal 
without penalty, including the final right of appeal to a judicial authority.  
Question 13 
Article 366:  This article appears to address the conditional release of goods in cases where the 
final determination of customs value is delayed.  In such cases, Article 366 states that the 
customs authority shall be entitled to conditionally release the goods provided that customs 
duties are "secured."  Article 13 of the WTO Agr eement, however, provides that in such cases 
the importer shall be able to withdraw the good s from customs control, assuming a sufficient 
guarantee in the form of a surety, a deposit or some other appropriate instrument is posted which covers the ultimate liability.  Accordingl y, Tajikistan should note that the importer 
should have the right to withdraw goods from customs authority assuming a guarantee is 
posted.  How will Tajikistan bring its laws into conformity with the CVA to protect the rights of 
the importer? 
Answer:
 
Article 366 of the Customs Code of the Republic of Tajikistan sets rules for withdrawing the goods 
from customs control, assuming a guarantee for customs payments and taxes is posted.  In such cases, 
a guarantee may be provided in the form of a surety , a deposit or some other appropriate instrument 
which covers the ultimate liability.  WT/ACC/TJK/16 
Page 6  
 
 Question 14 
Article 371:  This article pertains to currency conversion and corresponds to Article 9 of the 
CVA.  However, Article 9.1 of  the WTO Agreement requires Me mbers to publish the rates of 
exchange to be used for currency conversion.  Th erefore, it will be necessa ry for Tajikistan to 
determine how and when rates of exchange will be published.  Article 9.2 allows member to 
choose either the time of exportation or importat ion as the basis for converting currencies.  It 
appears as if Tajikistan intends on using the time of importation for such purposes ("effective 
on the day of registration of the customs declarat ion of the customs authority").  Please confirm 
that Tajikistan will use the time of impo rtation as the basis for currency conversion? 
Answer:
 
Official exchange rates are published by the Nati onal Bank of Tajikistan in national newspapers and 
the National Bank's website - www.nbt.tj.  Custom s Code of Tajikistan considers the time of 
importation as the basis for converting currencies. 
Question 15 
Confidential Information 
Article 10 of the CVA provides that all informatio n that is by nature confidential or which is 
provided on a confidential basis shall not be di sclosed without the specific permission of the 
person or Government that provided the information, except to the extent that it may be required to be disclosed in the context of judicial proceedings.  This requirement is an important protection under the CVA.  Is it addressed in Tajikistan's legislation?  If not, how 
will this issue be addressed? 
Answer:
 
Provision on protection of confidential informati on obtained by Customs Bodies is provided in 
Article 9 of the Customs Code.  
Question 16 
Definitions 
Article 15 of the WTO Agreement sets forth numerous definitions for valuation purposes.  How 
will Tajikistan incorporate these definitions into its legislation for valuation purposes? 
Answer:  
Definitions stipulated in Article 15.1 (a) of the CVA are contained in Article 352 o the Customs Code. 
CVA's Article 15.2 definitions are contained in Article 356 and 357 of the Customs Code. 
CVA's Article 15.3 definitions are contained in paragraph 5 of Article 358 of the Customs Code. 
CVA's Article 15.4 definition is contained in para graph 5.5 of Article 355 of the Customs Code.  
Question 17 
Interpretive Notes Annex I to the CVA contains the Interpretive  Notes.  How does Tajikistan intend on 
incorporating such interpretive notes into their national legislation?  WT/ACC/TJK/16 
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 Answer:  
All requirements and provisions of Annex I to th e CVA are contained in the legislation on customs 
valuation.  
- Enforcement of Intellectual Property Rights 
Question 18 
Article 437:  This article provides that measur es will be taken "when co nveying goods across the 
customs border or performing other actions with  goods under customs control."  Please indicate 
whether this provision applies to importatio ns, exportations and in transit movements. 
Answer:  
According to Article 10(10) of the Customs Code , "conveying" goods or transport means across the 
customs border applies to importation, exportation and transit of goods or transport means.  
Question 19 
Article 438:  Regarding paragraph 2 of this article, may a general application for the suspension 
of release of goods be submitted where the right holder is not aware of any specific evidence of 
infringement at the time? 
Answer:  
This article does not require the right holder to submit any specific evidence of infringement at the 
time of submission of the application for suspension of release of goods.  It's sufficient for the right holder to have a suspicion of infringement at the time.  
Question 20 
Paragraph 3 of this article provides that the application procedures and requirements "shall be 
determined by the authorized body on cu stoms affairs."  Have these procedures and 
requirements been established?  If so, please provide a translation of the relevant legislation to the Working Party.  
Answer:
 
Application procedures and requirements are defi ned in the "Rules for Customs Control on the 
Transfer of Goods Containing Intellectual Property", registered with the Ministry of Justice of the 
Republic of Tajikistan of 19 July 2006 (No. 223).  Copy of the provision will be submitted to WTO.  
Question 21 
Paragraph 4 of Article 438 of the Customs Code of Tajikistan provides for a written obligation 
concerning compensation for possible harm in conn ection with the suspension of the goods.  Is 
this obligation different from the obligation referred  to in Article 439(2)?  If so, please indicate 
the manner in which the amount of the obligation will be determined.  Please indicate the point 
at which the obligation must be submitted.  Is th e obligation submitted at the time of application 
filing or at the point at which the goods are suspended for release? 
Regarding paragraph 4 of this article,  are foreign bank guarantees acceptable? WT/ACC/TJK/16 
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 Answer:
 
Provision of Article 439(2) provides for procedures for posting guarantee to the right holder in 
accordance with Article 438(2).  Obligation must be  submitted at the time of the submission of the 
application for including into the Register. 
For registering an object with the Customs Register , applicant must submit an obligation concerning 
compensation for possible harm in connection w ith the suspension of the goods to one of the 
following: 
- Declarant; 
- Right holder; - Recipient; or 
1. Resident or his representative if transaction for transfer of goods through customs border is 
between importer and resident or his representative; 
2. Resident - right holder without transaction contract between resident right holder and 
importer; and 
3. Other persons, competent to enter to contract s with regards to goods transferring the customs 
border.  
Manners in which obligations may be met: - Posting money deposit; 
- Loan secured on a property; - Guarantee of a bank registered in Tajikistan; and - Insurance contract with the insurance company registered in Tajikistan.   
Regardless of the manner, the amount of obligation must not be less than 6000 times of the minimal 
wage amount.  
The amount of such obligation must not be overly excessive to discourage the right holder from 
applying this measure of enforcement.  
Question 22 
Article 439:  Paragraph 1 of this article provides that "[t]he authorized Body on customs affairs 
shall maintain the Register according to the pr ocedure determined by this Body."  Please 
indicate whether these procedures have been drafte d.  In addition, please provide a copy of the 
procedures. 
Answer:
 
Rules for maintaining the Register are containe d in the "Rules for customs control over goods 
containing objects of intellectual property", register ed with the Ministry of Justice in Tajikistan on 
19 July 2006 (No. 233).  
Customs Service under the Government of Tajikistan administers the Customs register of objects of 
IP according to the rules indicated in Annex 2 to the Rules.   WT/ACC/TJK/16 
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 Question 23 
Article 443:  Paragraph 1 of this article provides th at "[I]f prior to expiration of the time limits 
for suspension in release of goods, the decision on withdrawal of goods, their seizure or confiscation is not received from the authorized Bo dy in accordance with normative legal acts of 
the Republic of Tajikistan, the decision on suspen sion in release of goods shall be subject to be 
cancelled on the day following the day of the expi ration of the period for suspending in release 
of goods."  TRIPS Article 55 provides that the good s shall be released if proceedings leading to 
a decision on the merits of the case have not been  initiated by a party other than the defendant.  
Paragraph 1, however, appears to require that not only must the proceedings be initiated within 
this time period but that a decision shall al so be required in order for the goods not to be 
released.  This second requirement does not appear to be TRIPS compatible.  Please clarify. 
Answer:
 
According to Section V(5.7) of the "Rules of customs control over goods containing objects of 
intellectual property", goods shall be released if by the expiration of 10 days or term of extension of 
the expiration period if proceedings leading to a decision on the merits of the case have not been 
initiated or if the decision on withdrawal of goods, their seizure or confiscation is not received from 
the authorized Body.  The latter conforms to Article 55 TRIPS provision.  
Question 24 
Does the Customs Code provide for disposal (e.g . destruction) of the infringing goods?  
Answer:  
Customs Code does not contain provision for destruction of the infringing goods.  
Part IX(9.1) of the Rules provide for destruction of the goods infringing the copyright and related 
rights upon the decision of the court.  According to 9.2 of the Rules, the goods infringing rights for trade marks, service marks or appellation of origin are subject to measures stipulated by civil procedure, criminal procedure or administrative pr ocedure legislation.  Paragraph 9.3 of the Rules 
provides for creation of the Government Commission for destruction of the infringing goods.  
Besides, measures of destruction are regulated by the Criminal Procedure Code (Article 80).  
Question 25 
May a Customs official take ex officio  action without an application having been filed with 
Customs? 
Answer:
 
Customs Code does not provide for ex officio action . 
Question 26 Certain provisions of the Customs Code (e.g. Arti cles 438 and 444) as well as the Decision on the 
Rules for Customs Control on the Transfer of Goods Containing Intellectual Property reference 
"counterfeited" goods.  The WTO TRIPS Agreemen t differentiates between  "pirated copyright 
goods" and "counterfeit trademark goods" (see Article 51, footnotes 14 (a) and (b) for the 
definitions), but Tajikistan's Customs Code and Decision appear to reference both types of 
infringing goods as "counterfeited goods" .  Under the WTO TR IPS Agreement, border WT/ACC/TJK/16 
Page 10  
 
 measures must be implemented with regard to both counterfeit trademark goods and pirated 
copyright goods. 
Answer:
 
It's planned to introduce the amendment to the Customs Code containing the definition for the 
"counterfeit" goods.  
2. Regulation No. 337 on Specifics of Licensing of Certain Types of Activities Question 27 Chapter 6 of the Regulation outlines the fee st ructure for review of a licence application and 
issuance of the licence.  Please explain how the "minimal wage" is calculated.  Who is responsible for calculating the minimal wage?  How often is it calculated? 
Answer:
 
According to Article 103 of the Labour Code of th e Republic of Tajikistan of 15 May 1997, minimal 
wage is defined as a fixed minimal amount of money paid to the employee for one month of 
employment given that all conditions of  the employment contract are met.  
The amount of the minimal wage is established by the President of the Republic of Tajikistan.  
Minimal wage is used as a basis for calculating wage amounts in Tajikistan.  
Minimal wage does not include any bonuses, additi onal payments or overtime payments.  Minimal 
salary is adjusted once every few y ears to reflect the inflation rate. 
Question 28 
Chapter 57 outlines the licensing for ethyl alcohol,  alcoholic beverages and spirit-based goods.  
The purpose of the ethyl alcohol licence was described at the last (Second) Working Party 
meeting.  Please clarify the import licensing requirements for beer and spirit-based goods.  
Answer:  
The purpose of the requirement for import licensing of  beer and alcohol - containing products is to 
protect health of the population.  
Question 29 
Article 6 of Chapter 57 outlines the fees for the li cence.  Please clarify why the licence for these 
products is so much more expensive then that ou tlined in Section I, Chapter 6 (Chapter 6 lists 
fees ranging from 4 - 10 minimal wages; the fee for Chapter 57 is 76 minimal wages). 
Answer:  
Please, pay attention to paragraph 1 of Chapter 6 which lists fees, ranging from 4 to 10 times minimal 
wages only for processing the application for licensi ng.  Charges for actual issuance of a licence are 
listed in paragraph 2 of Chapter 6 and Section III of the Provision.   WT/ACC/TJK/16 
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 3. Draft Law on Technical Regulations 
Question 30 Section I, Article 1 - this article provides de finitions for key terms.  Some of these terms 
(technical regulation, standard, etc.) have internationally agreed to definitions in the WTO TBT Agreement.  Will Tajikistan commit to followin g the definitions in the TBT Agreement, to the 
extent that there is any contradiction?   
Answer:
 
According to Article 10 of the Constitution of the Republic of Tajikistan, in ternational agreements 
adopted by Tajikistan become integral part of th e legal system of the Republic.  In the event of 
conflicting provision in the national legislation, th e international agreements apply.  Therefore, 
Tajikistan will follow definitions set by  the TBT Agreement upon its adoption. 
Question 31 
Section I, Article 2 of the Draft Law states that  "it is not permitted to combine accreditation 
and certification functions in one organization."   What is the reason for this prohibition? 
Answer:  
This prohibition is in accordance with ISO 17011  requirements for accreditation Bodies (must be 
independent from certification Bodies).  
Question 32 
Article 6 of the Draft Law notes two types of tech nical regulations - general and special.  Please 
provide further clarification as to the difference s between these two categories.  Please explain 
why two categories of technical regulations are needed?  Furthermore, Article 6 provides that 
"a special technical regulation is adopted by a re solution of the Government of the Republic of 
Tajikistan".  What is the process by which a resolution is developed and adopted?  Are 
interested parties afforded the oppo rtunity to comment on the draft? 
Answer:  
Two types of technical regulations are being consider ed.  Resolution is not adopted, but when Draft is 
ready it will be available for interested parties to comment on it.  
Question 33 
Article 8(1) of the Draft Law states that "in case a technical regulation stipulates other forms of 
mandatory conformity assessment performed by specially authorized State Bodies of executive 
power, a technical regulation shall establish the sp ecific State Body of executive power."  While 
this paragraph seems to imply that there are other options to fulfil mandatory conformity 
assessments, it implies that these must be perf ormed by "specially authorized State Bodies."  
Please clarify what is meant by "specially auth orized State Bodies"?  Does the law allow for the 
recognition of non-State Bodies? WT/ACC/TJK/16 
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 Answer:
 
Draft Law provides for recognition of non-Government certification Bodies.  Provisions of 
Article 8(1) apply in cases when the Government of  Tajikistan will take decisions on limiting certain 
areas of certification only to authorized Government Bodies.  
Question 34 
Articles 9 and 10 of the Draft Law outline the process for developing and adopting a technical 
regulation.  Please clarify when in this proc ess the draft regulation would be notified to 
the WTO and who would be responsible for notifying the WTO?  
Answer:  
In order to notify WTO about draft regulations prio r to their adoption, TBT/SPS Inquiry Point will be 
established.  
Question 35 
Article 30(2) of the Draft Law on Technical Regu lations provides that "Documents on assurance 
of conformity, marks of conformity, product test  reports received outside the territory of the 
Republic of Tajikistan shall be recognized acco rding to the international agreements of the 
Republic of Tajikistan.  If international agreements are absent, recognition of results of 
assurance of conformity and ma rks of conformity can be performed according to a procedure 
established by the Government of the Republic of Tajikistan."  
Please describe the referenced procedures for r ecognizing assurances and marks of conformity, 
and provide a translation to the Working Party. 
Will Tajikistan consider equivalent techni cal regulations of other WTO Members? 
Will Tajikistan accept the results of conformity  assessment procedures conducted by Bodies in 
an exporting WTO Member country? 
Answer:  
Absent international agreement, currently, no such procedures have been established on recognition of 
conformity assessment results.  Such procedures will  be adopted following the adoption of the Law on 
Technical Regulating.  Tajikistan will submit th e copy of the Draft Law upon its preparation. 
4. Civil Code of the Republic of Tajikistan 
- Enforcement Question 36 With respect to Part III, Section V of the Civil Code, concerning Intellectual Property:  Please 
indicate the relationship between the provisions in Section V to the various substantive laws 
relating to copyright and related rights, trad emarks, geographical indications, industrial 
designs, patents, lay-out designs of integrated circuits and protection of undisclosed information.  WT/ACC/TJK/16 
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 Answer:  
Section V of the Civil Code of the Republic of Tajikistan only provides for general provisions on 
IP objects, including provisions on how IP Rights occur, differences between personal property and 
non property rights, etc.  Substantive laws contai n all other details on the rights for objects of 
intellectual property.  
Question 37 Article 1130(2) of the Civil Code provides "personal non property included into intellectual 
property law and stipulated by corresponding laws do not depend on property rights and 
cannot be transferred to other individuals and a re preserved permanently."  Does this provision 
prohibit the transfer of rights?  Please describe the relationship between this provision and 
Article 1133 concerning the transfer of property rights. 
Answer:
 
Article 1130(2) regulates matters rela ted to personal non property rights (so called moral rights), such 
as the right for authorship, right to use and permit to use under the real name of the author, his pseudonym or anonymously (right for name); right  to publish or permit to publish in any form, 
including the right to revoke, right to protect the work from any distortion which can damage the 
reputation, etc.  Personal non property right s are non transferable and non alienable.  
Article 1133 of the Civil Code regulates matters re lated to property rights which are subject to 
transfer.  Therefore, Article 1130(2) regulates matter s other than those regulated in Article 1133.  
Question 38 
Please explain the intent of Article 1131(1) of the Civil Code. 
Answer:
 
This article regulates principal right of a right holder  - his exclusive right.  The latter includes the right 
to use, permit or prohibit to use of the object of intellectual property in any form and any manner, if it's not prohibited by the Civil Code or other laws.  
Question 39 
Article 1133(2) of the Civil Code provides that "transfer of property rights upon agreement 
with regard to some kinds of intellectual propert y can be restricted or prohibited by law."  
Please describe the restrictions and pr ohibitions that are contemplated. 
Answer:
 
Ban for transfer of property rights relate to, for example, appellation of origins and collective trade 
marks in accordance with the Law on Geograp hic Indications and the Law on Trademarks 
respectively.  
Question 40 
Article 1136(2) of the Civil Code provides "rights of holders of other objects of intellectual 
property should not be violated when implementing intellectual property rights."  Please describe the intent of this provision. WT/ACC/TJK/16 
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 Answer:
 
The following examples are presented as explan ations of the meaning of this article:  
Example 1:  If an inventor intends to give a name to  his invention, which is a registered trademark, the 
inventor must ask the trademark holder to sign a licen ce agreement, otherwise, it will be a violation of 
the trademark holder's rights.  
Example 2:  Inventor created a product using a process, different from the patented process for 
production of the same product.  The patent holder for the process believes that his rights are 
infringed and demands that a licence agreement is si gned.  His demands will be dismissed only if the 
inventor of product produced us ing another process, proves that he used a different process, 
i.e. a burden of proof is not on the patent holder.  
This article conforms to general norms of the Civil C ode that provide for limitations to the civil rights, 
i.e. one can't exercise his rights by violating other person's rights.  
5. Draft Law on Trademarks and Service Marks1 
Question 41 Regarding Article 8 of the draft Trademarks La w, is a "counterfeit" mark the same as a 
"confusingly similar" mark?   
Answer:
 
Definitions "counterfeit" mark and "confusingly si milar" mark are not identical, however, in both 
cases, goods will be considered "infringing".  
Question 42 
How does Article 10 (Article 8 of the Law) of the Draft Trademarks Law take into account the 
provisions of 6 ter(1) (c) of the Paris Convention to a ddress those instances in which use of a 
State emblem is probably not misleading? 
Answer:  
Article 8 of the Law provides for possibility to use of a State emblem and other indications, listed in 
Article 6 ter(1) (a) (b), given the consent of the author ized Body.  In case of State emblems, in 
accordance with Rules on processing a pplication for trademark, the following method will be used:  if 
a State emblem does not dominate the trademark such a trademark can be granted protection, however, the emblem itself is exempt from protection.  However, if such a State emblem is used by an 
applicant from another country such trademark shall be qualified as misleading, therefore, not subject 
for registration.  
Question 43 
Article 11(3) of the Draft Trademarks Law (Artic le 9(4) of the Law) prohibits registration of 
marks if they are identical to a copyrighted work, family name, title of a work, and so forth, i.e., 
                                                     
 
1 Please, note that Draft Law on "Trademarks and Service Marks" and Draft Law on "Geographical 
Indications" were adopted on 5 March 2007 (Nos. 234 and 236 respectively).  Therefor e, replies will be based 
on adopted Laws. 
  WT/ACC/TJK/16 
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 intellectual property rights that are not marks as  well as some items that likely would not be 
protected by any type of intellectual property.  What is the basis for this provision?  
Answer:  
The basis for such norm is copyrighted work in accordance with the Law on Copyright, which 
provides for use of objects of copyright (partially or their names or citations) only with the right 
holder's consent.  With regards to  use of names and family names, general provision of the Civil Code 
applies (Article 20(5) and Article 174).  
Question 44 
Regarding Chapter 6 of the Draft Trademarks Law (Well-known Marks), how does Tajikistan 
provide protection for unregistered well-known marks that are not the subject of a trademark 
application in Tajikistan? 
Answer:  
Trademark protected in the territory of Tajikistan without registration in accordance with international 
agreement adopted by Tajikistan (trademark protect ed in accordance with Madrid Agreement) and an 
unprotected trademark (i.e. application pending decision of the Patent Agency) on the territory of 
Tajikistan, may be recognized as a well-known based on the decision of the Appellate Council of the 
Patent Agency (in response to the application by a legal or physical person) to recognize such a 
trademark as "well- known" in accordance with th e Rules for recognition of a trademark as a well-
known mark.  
Question 45 
What is the procedure referenced in Article 26(1) of the Draft Trademarks Law?  How is it 
determined whether a mark is "well-known"?  
Answer:  
Procedures for registration of a well known trademar k is stipulated in the normative act "Rules for 
recognition of a trademark as well-known in Tajiki stan", adopted by the Ministry of Economic 
Development of the Republic of Tajik istan in July 2007 (No. 15).  
Criteria for recognition of a trademark as a "well-known" are the following:  (i) territory of use; 
(ii) period of use; (iii) resources spent for adver tisement; iv) trademark recognition.  For determining 
the latter, specialized organizations conduct sociological surveys in several regions.  
Question 46 
How does the protection referenced in Article 26( 5) of the Draft Trademarks Law take into 
account that a mark, well-known at one time, ma y not be well-known by the relevant public at a 
later time? 
Answer:  
Interested third parties may ask for termination of  the decision on recognition of a trademark as a 
"well known".  Articles 33 and 34 of the Law on Trad emarks set criteria for termination of protection 
for a well-known mark.  WT/ACC/TJK/16 
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 Question 47 
What is the significance of having a well-known mark on "the List", referenced in Article 26 of 
the Draft Trademarks Law?  How does this "status"  impact other laws and procedures, e.g. in a 
court proceeding? 
Answer:
 
Having a well-known mark on "the List" is a le gal basis for protection of a well-known mark, 
protection for which is wider than for a regular tr ademark.  For unregistered trademarks, inclusion 
into the List is a point from which protection of exclusive rights begins.  
Question 48 
In Article 28(4) of the Draft Trademarks Law, under what circumstances would the application 
be "converted" (as opposed to simply "abandoned", with a new application to be filed)? 
Answer:  
Application can be "converted" at the right holder' s request submitted prior to making a decision on 
conversion.  In case of "conversion", priority rema ins.  In case of abandonment and submission of a 
new application, priority is not remained (i.e. da te of priority begins from the moment of a new 
application).  
6. Draft Law on Geographical Indications 
Question 49 Regarding the draft Law on Geographical Indica tions, does a prior-in-time trademark have 
priority over a conflicting later-in-time geographical indication?   
Answer:
 
Priority is determined by the date of registration, i. e. if the trademark was registered prior to a later in 
time geographical indication, then a trademark has a priority.  The Law does not provide for priority 
of geographical indication (appellati on of origin) over a prior in time trademark.  Neither the Law 
provides for a parallel co-existence of a prior in  time registered trademark and a later in time 
geographical indication.  
Question 50 Could you provide an example of a "geographical object" for Article 17(3) of the Draft Law On 
Geographical Indications?  How does a "geogr aphical object" differ from a geographically 
descriptive mark?  
Answer:
 
"Geographical object", according to the definitio n provided in the Law on Trademarks - is a 
geographical area, a "certain territory with official ly identified borders, such as a country, a region as 
part of a country, settlement, locality"; whereas "indica tion of source - is a mark, directly or indirectly 
indicating to the geographical object (area), where th e good in question originated".  There is no such 
term as "geographically descr iptive mark" in the Law.   WT/ACC/TJK/16 
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 Question 51 
How do the provisions under Article 21 the Draft Law on Geographical Indications differ from 
enforcement provisions for trademark holders?   
Answer:  
Civil liability in both cases is the sa me.  As for administrative and cr iminal liability fo r violation of 
geographical indications, they should be determined in the planned amendments to the Criminal Code 
and Code of Administrative Liabilities.  
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