RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/TJK/10/Rev.1 
7 August 2008 
 
 (08-3772) 
Working Party on the Accession  
of the Republic of Tajikistan Original:   English 
 
 
 
ACCESSION OF TAJIKISTAN 
 
Implementation of the WTO Agreement  
on Trade-Related Aspects of Intellectual Property Rights (TRIPS)  
 
Revision  
   The following submission, dated 3 July 2008, is being circulated at the request of the 
Delegation of the Republic of Tajikistan. 
 
_______________  
  WT/ACC/TJK/10/Rev.1 
Page 2 TRIPS Agreement Tajikistan 
General Obligations Citation to Appropriate Law or Laws 
Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for the 
Protection of Industrial Property in resp ect of Parts II, III, and IV of the 
TRIPS Agreement.  TRIPS Article 2. The Republic of Tajikistan is a party to Paris Convention on the protection of 
industrial property since 1994.  
 Under Article 7 of the Civil Code of the Repu blic of Tajikistan (hereinafter - "CC"), 
unless international treaty or agreement adopte d by Tajikistan sets the rules other than 
those stipulated by the civil legislation, the rules of the international treaty or agreement shall apply (amendments of 12 May 12 2007, No. 247). 
Under Paris, Article 1(2), industrial propert y has as its object patents, utility models, 
industrial designs, trademar ks, service marks, trade names, indications of source or 
appellations of origin, and the repression of unfair competition. - Civil Code Article 1126; 
- Article 4 of the Law on Inventions; 
- Article 6 of the Law on Industrial Designs; - Article 2 of the Law on Trademarks and Service Marks; 
- Article 2 of the Law on Geographical Indications; and 
- The Law on Competition and Restriction of Monopolistic Activity at 
Commodity Markets. 
In Paris, Article 1(3), industrial property  applies not only to industry and commerce 
proper, but to agricultural and extractive industries and to all manufactured or natural 
products, e.g., wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, 
flowers, and flour. The current legislation of the Republic of  Tajikistan does not restrict industrial 
property protection in these areas. 
Under Paris, Article 2, nationals of Me mbers are to enjoy in other Members the 
advantages that their respective laws grant to nationals, and shall have the same protection and the same legal remedy against any infringement of their rights if they 
conform to the conditions and formalities imposed upon the Member's nationals. - Article 33 of the Law on Industrial Designs; 
- Article 34 of the Law on Trademarks and Service Marks; and - Article 22 of the Law on Geographical Indications 
Paris, Article 3, requires that nationals of non-Member countries domiciles or that 
have "real and effective" industrial or commercial establishments in a Member 
country be treated as nationa ls of a Member country. - Article 33 of the Law on Industrial Designs; 
- Article 34 of the Law on Trademarks and Service Marks; - Article 22 of the Law on Geographical Indications; and 
- Article 7 of the Civil Code. 
Under Paris, Article 4.a right of priority is to be given an applicant for a patent, for 
registration of a utility model, an industrial design, or of a trademark who has filed the equivalent of a regular national filing under the domestic legislation of a Member 
country.  The periods of priority are to be 12 months for patents and utility models, 
and six months for industrial designs and trademarks.  The Article discusses the technical details of granting priority in depth. - Article 18 of the Law on Inventions; 
- Article 17 of the Law on Industrial Designs; and - Article 10 of the Law on Trademarks and Service Marks. 
Article 4 bis states that patents obtained for the same invention in various members of 
the Paris Union are independent of each other. Patents issued in conformity with the La w on inventions, are not dependant on the 
patents for the same invention but granted in other states and /or patents valid in other 
states. 
Article 4 ter requires that inventors have the right to be named as such in the patent. Articles 4, 7, 23 of the Law on Inventions. 
Under Article 4 quater  restrictions or limitations on the sale of a patented product or a 
product produced by a patented process cannot be the grounds for refusing a patent or 
invalidating one already issued. The Law on Inventions does not contain similar grounds for refusal of a patent and/or 
invalidation of the granted patent.  
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Under Article 5(A)(1), importation of a patented product manufactured in a Paris 
Union country cannot be the basis of forfeiture of the patent. The Law on Inventions does not contain such grounds for forfeiture of a patent issued 
on the territory of the Republic of Tajikistan. 
Article 5(A)(2) and (3) authorize countries to use compulsory licensing as a means to 
prevent abuses, such as the failure to work, but they may not forfeit a patent unless the grant of a compulsory licence would not be sufficient to prevent the abuse.  
Proceedings for forfeiture or revocation ca nnot be institute until two years after the 
grant of the first compulsory licence. Article 28 of the Law on Inventions provides for issuance of a compulsory licence in 
case of failure to use during five years.  However, the Law does not provide for the forfeiture of a patent for non-usage. 
Article 5(A)(4) prohibits application for a compulsory licence for failure to work until 
four years have passed since title application was filed or three years from date of 
grant and no compulsory licence is to be granted if the patentee justifies the failure to 
work.  Licenses are to be non-exclusive, a nd may not be transferred except with the 
enterprise or goodwill that exploits the licence. Article 28 of the Law on Inventions provides for issuance of a compulsory licence 
only upon expiry of five years for reasons of failure to work.  The Law does not 
establish non-exclusive nature of co mpulsory licence and does not stipulate 
prohibition of its transfer. 
Article 5(B) prohibits forfeiture of industrial designs for failure to work or for 
importing articles corresponding to those that are protected. The current legislation of the Republic of Tajikistan does not provide for the forfeiture 
of industrial designs on the grounds of non-use or importation of objects similar to the 
one under protection. 
Article 5(C) prohibits cancellation of a mark for unjustified non-use before a reasonable period of time has passed and permits the proprietor to use differing 
elements that do not diminish the distinctive character of a mark without invalidating 
the registration or diminishing the protection granted the mark.  Concurrent use of the 
mark by co-proprietors is permitted so long as the public is not misled. Article 24 of the Law on Trademark esta blishes continuous five year period of 
continuous non-use for pre-scheduled invalidation of a mark. 
 
The Law on Trademarks does not provide for concurrent use of the mark by 
co-proprietors. 
Under Article 5(D), protection of patents, registered trademarks, and industrial 
designs cannot be conditioned upon indication or mention of such patent, trademark registration, or industrial design protection. The current legislation does not contain a re quirement for placing a mark on a product 
in recognition of rights for the protection of registered patent. 
Article 5 bis requires that a grace period of at l east six months be provided for the 
payment of maintenance fees for industrial property, but a surcharge is permissible.  
Countries are authorized to restore patent s that lapsed for non-payment of fees. Article 33 of the Law on Inventions, Article 28 of the Law on Industrial Designs, 
Article 16 of the Law on Trademarks provide for previous cessation of patent for non 
payment of annual fee in connection with maintenance of a patent.  The Law does not provide for a six month grace period fo r payment of maintenance fees.  The 
legislation provides for a possibility to restore patents that lapsed for non payment 
during three years provided there were  sufficient reasons for non payment. 
Article 5 ter prohibits a Paris Member from making use of patented devices aboard a 
vessel, aircraft, of land vehicle temporarily  or accidentally in the territory or the 
Member. - Article 20 of the Law on Inventions; and 
- Article 25 of the Law on Industrial Designs. 
Article 5 quater  requires that process patent owners have all the rights against an 
imported product produced by the patent process that they would have with respect to products manufactured at home. Article 26 of the Law on Inventions. 
Article 5 quinquies  requires that Paris Members protect industrial designs. Industrial designs are protected under the Law on Industrial Designs.  
Article 6 makes the conditions for filing a nd registration of trademarks subject to 
domestic legislation but also makes filing and registration independent of those in 
other countries, including the country of origin. Trademarks are protected based on the Law on Trademarks and Service Marks.  The 
law does not establish restrictions for registering trademarks, whose country of origin 
is another member country, or if a mark  was not registered in other countries, 
including the country of origin.  
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Page 4 TRIPS Agreement Tajikistan 
Article 6 bis requires parties, ex officio if legally possible or at the request of an 
interested party, to refuse to register or, for a period of at least five years, to cancel the 
registration of a trademark confusingly similar to a well-known mark.  No time limit is placed on a mark used in bad faith. Article 7 of the Law on Trad emarks establishes that trademarks of other parties, 
which are similar or identical to well known trademark can not be registered. 
 Pursuant to Article 29, certificate for an id entical or confusingly similar trademark can 
be recognized as invalid during five years from the date of publication of information 
about the registration of trademark in an official bulletin.  
Article 6 ter requires Members to refuse to register or to invalidate the registration that 
includes, without authorization, armorial bear ings, flags, state emblems, official signs 
and hallmarks, etc.  An exception is provided for owners of rights acquired in good 
faith before the Convention entered into force for that country. Article 6 of the Law on Trademarks and Service Marks. 
Article 6 quater  makes the assignment of a mark valid if the portion of the business or 
goodwill of the business together with the exclusive right to manufacture and sell the 
goods bearing the mark is also transferred. The current legislation does not provide fo r the requirement for the assignment of a 
mark only with the portion of the business or goodwill.  Under Article 30 of the Law 
on Trademarks, no assignment of a mark shall be allowed if it would mislead the 
consumer as to the product or the manufacturer thereof. 
Article 6 quinquies  requires that trademarks duly re gistered in a Member be accepted 
for filing in other Members, with certain reservations, and establishes the conditions 
under which a trademark may be denied registration or may be invalidated. Article 6 of the Law on Trademarks and Service Marks. 
Article 6 sexties  states that Paris Members undertak e "to protect service marks without 
being required to provide for their registration". Under the Law on Trademarks, a service mark has the same legal status as trademark, 
i.e. is subject to legal protection. 
Article 6 septies  requires that trademark owners be able to oppose or request 
cancellation of a registration of their trad emarks applied for by their agent or 
representative without their authorization "u nless the agent or representative justifies 
his action". Article 29 of the Law on Trademarks. 
Article 7 states that the nature of the goods  to which a trademark is applied may in no 
case be an obstacle to the registration of th e trademark.  (Duplicate language is in 
TRIPS Article 15.4.) In Tajikistan, there are no limitations as to  the trademark registration on the basis of 
the nature of the goods. 
Article 7 bis requires that Members permit registration of collective marks belonging 
to associations the existence of which is not contrary to the law of the country of 
origin, even where the association is not established in the country where protection is 
being sought. Article 22 of the Law on Trademarks. 
Article 8 requires that trade names be protected by Members without the necessity of 
registration, whether or not the names are part of a trademark. Trade names are protected in accordance with the nor ms of the CC, Articles 5,  if they 
are registered in Tajikistan. 
 
Article 7 of the Law of the Republic of  Tajikistan on Competition and Monopolist 
Activities on Commodity Markets prohibits "..the sale of goods where outcomes of 
intellectual activities and comparable means of individualization of legal person, 
individualization of products, or implementation of services, are used unlawfully.."  
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Article 9 requires seizure on importation or exclusion or goods bearing a trademark or 
trade name without authorization, unless a country's laws provide for neither remedy, 
in which case domestic actions and remedies must be available. The legislation of the Republic of Tajikistan does not provide for the seizure on 
importation of goods without the authorizatio n ( without the application of the right 
holder) provided by a trademark or trade name, however, in accordance with Article 437 of the Customs Code of the Republic of Tajikistan provides for 
suspension of counterfeit goods after the application of the right holder was 
submitted.   
Article 32 of the Law on Trademarks an d Service Marks provides for liability for 
violation of trademark holders, Article 275 of the Criminal Code provides for criminal 
liability for violations of the rights of the trademark holders. 
Article 10 applies the obligation of Article 9 to the direct or i ndirect use of false 
indications of source of goods, or false indication of the producer, manufacturer, or 
merchant of such goods. - Article 32 of the Law on Trademarks; and 
- Article 7 of Law on Competition. 
Article 10 bis requires Members to provide protection against unfair competition, 
including against acts that create confusio n of various kinds about the goods or 
activities of a competitor, that consist of fa lse allegations about a competitor, or that 
are apt to mislead the public regarding a competitor's goods. - Article 7 of the Law on Competition. 
Article 10 ter requires that Members undertake to assure to foreign nationals effective 
legal remedies to repress actions referred to  in Articles 9, 10 and 10bis, and to allow 
federations and associations representing foreign businesses, on the basis of 
reciprocity, to take action in court and before administrative authorities to repress 
such acts. - Article 37 of the Law on Inventions; 
- Article 31 of the Law on Trademarks; and 
- Article 16 of the Law on Geographical Indications. 
Article 11 requires that temporary protection.  consistent with domestic legislation, be 
afforded to patentable inventions, utility models, industrial designs and trademarks in respect of goods exhibited at official or officially recognized international exhibitions 
held in their territory. Exhibition priority for inventions, utility models and industrial designs is provided for 
by Article 24 of the Law on Inventions, Ar ticle 17 of the Law on Industrial Designs, 
Article 10 of the Law on Trademarks. 
Article 12 requires Members to establish indu strial property offices for patents, utility 
models, industrial designs and trademarks for the communication to the public through publication of a periodic journal of the names of patent owners with a brief 
designation of their inventions, and the reproduction of trademarks.  The National Patent Information Center - is  an agency under the competence of the 
Ministry of Economic and Trade of the Republic of Tajikistan, was founded by the Government Resolution No. 2426 on 28 May 1993. 
 
The Center is a national body authorized to grant legal protection to industrial property for patents, models, industrial designs and trademarks and it publishes in an 
official quarterly bulletin the information on protection documents effective on the 
territory of Tajikistan in three languages (Tajik, Russian and English). 
Article 19 authorizes Members to enter into separate and special industrial property agreements among themselves, so long as those agreements do not contravene the 
provisions of Paris. Tajikistan has concluded a number of international treaties, including 
intergovernmental and interdepartmental in the sphere of intellectual property objects 
protection which do not violate Paris Convention. 
National treatment, with exceptions allowed in the Paris, Berne and Rome 
Conventions.  Article 3. Article 33 of the Law on Industrial Designs, Article 34 of the Law on Trademarks, 
Article 22 of the Law on Geographical Indica tions.  There is difference in the rates of 
patent duties for foreign and national applicants.  
  WT/ACC/TJK/10/Rev.1 
Page 6 TRIPS Agreement Tajikistan 
Most favoured nation treatment, w ith enumerated exceptions.  Article 4. Currently , the MFN is not stipulated by any of the bila teral agreements, (except for 
certain preferences for Russian Federation according to the bilateral agreement). 
Copyright and Neighbouring Rights Citation to Appropriate Law or Laws 
Compliance with Articles 1 through 21 of the Berne Convention with the exception of 
Article 6 bis and Article 9.1. Tajikistan is a party to the Bern Convention since 2000.  
 Legal protection of copyright is governed by the Civil Code (Part III), Copyright 
Right Law (with latest amendments of 2006) and other legislative acts of the Republic 
of Tajikistan. 
Article 2 defines "literary and artistic works" as "every production in the literary, scientific and artistic domain whatever may be the mode or form of its expression," 
giving examples.  Limitations related to speeches are provided in Article 2 bis. - Articles 5 and 6 of the Copyright Law. 
 
No limitations related to speeches. 
Article 3 requires that protection be prov ided to the works of authors who are 
nationals of Berne Union members and to works of nationals of non-Union countries if those works are published in a Union member simultaneously with publication in 
the non-Union country. - Article 4(3) of the Copyright Law (national treatment provision); and 
- Article 4(2) of the Copyright Law. 
Article 4 requires that protection be provided cinematographic works not falling under Article 3 if the maker has a headquarters or  habitual residence in a Union member and 
to works of architecture or artistic works in corporated into a building or structure in a 
Union member. - Articles 4, 13 and 16 of the Law on Copyright and Related Rights. 
Article 5 requires that authors enjoy the rights required by Berne and any other rights 
a country provides works on a national treatment basis without being subject to any 
formalities. - Articles 4 (3) and 9 of the Copyright Law. 
Article 7 requires that the term of protection for copyright be 50 years following the 
death of the author.  Special terms are authorized for cine matographic works, 
anonymous or pseudonymous works, photographic works and works of applied art. Article 17 of the Copyright Law establishe s the validity term of copyright during 
50 years after the author's death.  The Co pyright Law does not establish special terms 
for cinematographic works, photographic  works and works of applied art.  Copyright 
for anonymous or pseudonymous works shall be provided for 50 years after its first 
publication, if during that period the author does not publish his real name. 
Article 8 gives authors of protected works th e exclusive right to make or authorize the 
making of translations of the work. - Articles 15(8) and (9) ( right to auth orize or prohibit translations, changes 
etc.). 
Article 9 requires that authors be given the exclusive right to authorize reproduction 
of the work in any manner or form with only limited exceptions that do not conflict 
with the normal exploitation of the work and do not unreasonably prejudice the 
legitimate interests of the author. - Article 16 of the Copyright Law. 
Articles 10 and 10 bis define certain authorized "free uses of works". - Articles 18, 19 and 21 of the Copyright Law. 
Articles 11, 11 bis, and 11 ter require that authors of dramatic, dramatico-musical and 
musical works and any translation thereof and authors of literary and artistic works, 
the exclusive right to authorize the public performance of their works, including by broadcast, public recitation and any communication to the public. - Articles 12 and 16 of the Copyright Law. 
Article 12 requires that authors of literary or artistic works have the exclusive right to 
authorize adaptations, arrangements and other alterations of their works. - Article 16(9) of the Copyright Law.  
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Article 13 authorizes countries to impose reservations and conditions on the exclusive 
right granted authors of musical works or written works that are recorded. The Copyright Law does not provide for such reservations and conditions.  As for the 
provision of Bern Convention Article 13(3), such norm is stipulated in Article 16(3) 
of the Copyright Law. 
Articles 14 requires that authors of literary  and artistic works have the exclusive right 
to authorize the cinematographic adaptation and reproduction of their works and the 
distribution, public performance and communication to the public of the adaptation or 
reproduction, without the limitations authorized under Article 13(1). - Articles 13 and 16 of the Copyright Law. 
 
An author has exclusive rights for use of  a work in any form and by any means. 
Article 14 bis specifies that a cinematographic work is to be protected as an original 
work without prejudice to any work that is adapted or reproduced and the author of 
the cinematographic work is to enjoy the same rights as the author of any other work. - Articles 13 and 16 of the Copyright Law. 
 
Authors of an audiovisual work. 
Article 14 ter requires "droit de suite" in connection with subsequent sales works of art 
and manuscripts. - Article 22 of the Copyright Law. 
Article 15 requires that ownership of a work , for purposes of litigation, be presumed 
to be that which appears on the work in the usual manner. - Articles 8, 9 of the Copyright Law. 
Article 16 requires that infringing copies of a work be subject to seizure whether 
domestically produced or imported. - Articles 47 and 48 of the Copyright Law and Article 1137 of the Civil Code. 
Article 18 requires that copyright protectio n be applied to all works which, at the 
moment Berne becomes effective, have not fallen into the public domain in the country of origin through the expiry of the term of protection. The Copyright Law does not provide fo r the provision of Article 18 Bern. 
Article 19 authorizes Union members to provi de greater protection than that required 
by the Convention. The Copyright Law provides for 50 years of protection to the subjects of related rights 
( Article 42). 
Article 20 authorizes Union members to enter into special agreements among themselves to provide more extensive rights than those provided by Berne. The Law does not prohibit from entering into special agreements with other countries. 
Protect computer programmes, whether in so urce or object code, as literary works 
under the Berne Convention.  Protect compilations of data, whether in machine 
readable or other form are to be protected as intellectual creations if they constitute such.  Article 10. - Article 6( 2) of the Copyright Law. 
Provide rental rights at least for comput er programmes and cinematographic works 
with certain exceptions.  Article 11. - Article 16 Part II of the Copyright Law . 
Provide a term of protection of fifty years from the death of tile author (Berne 
Article 7.1 and TRIPS Article 9. 1) or, for works the term of which is not measured by 
the life of the author, a term of 50 year s from the end of the calendar year of 
authorized publication, or, if not published within 50 years from making, 50 years 
from the end of the calendar y ear of making.  Article 12. - Article 17 of the Copyright Law. 
Confine limitations and exceptions to exclus ive rights to certain special cases which 
do not conflict with a normal exploitation of the work and do not unreasonably 
prejudice the right holder's legitimate interests.  Article 13. - Articles 19, 29, 21 and 41 of the Copyright Law. 
Provide performers with the right for 50  years from the date of a performance to 
prevent unauthorized fixation of their unfixed performances and of reproductions of 
such fixations and to prevent the unauthorized broadcast by wireless means and 
communication to the public of their live performances.  Articles 14.1 and 5. - Article 42 of the Copyright Law.  
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Page 8 TRIPS Agreement Tajikistan 
Provide phonogram producers with the right for 50 years from the date of first 
authorized fixation to prohibit unauthorized reproduction of their phonograms, 
directly or indirectly, and to prohibit rental of copies of their phonograms once sold or 
otherwise distributed.  Articles 14.2, .4, and .5. - Articles 53 and 42 of the Copyright Law. 
Providing broadcasting organizations with the exclusive rights for 20 years of 
fixation, reproduction of fixations, and re-broadcasting by wireless means of their 
broadcasts and the communication to the public of broadcasts of their broadcasts or provide to the owners of the copyright in the material broadcast the possibility of 
exercising such rights.  Articles 14.3 and 5. - Article 42 of the Copyright Law. 
Trademarks Citation to Appropriate Law or Laws 
Provide trademark or service mark protection for any sign, or combination of signs 
capable of distinguishing the goods or services of one undertaking from those of other undertakings.  Article 15.1. The Law on Trademarks and Service Marks. 
Not deny registration for a mark based solely on the nature of the goods or services to 
which a trademark is to be applied.  Article 15.4. The Law does not establish limitations as to  the nature of goods at registration of 
marks. 
Trademarks must be published before or s hortly after registration to permit opposition 
or opportunity to apply for cancellation.  Article 15.5. Article 20 of the Law on Trademarks provid es for the publication of information on 
registration.  
Provide trademark owners the exclusive right to prevent un authorized use identical or 
similar marks for similar goods or services of other parties if confusion is likely to 
result.  Article 16.1. - Article 6 of the Law on Trademarks. 
Presume confusion where an identical mark is used without authorization on identical 
goods or services.  Article 16.1. - Article 26 of the Law on Trademarks. 
Provide protection for well know trademarks  and service marks in accordance with 
Article 6bis, of the Paris Convention, even where use is on goods or services which 
are not similar to those in respect of which a trademark is registered if the latter use 
would imply a connection with the right holder or would be likely to damage the right 
holder's interests.  Articles 16.2 and .3. - Article 9 of the Law on Trademarks. 
Allow only limited exceptions to the rights conferred by a trademark such as fair use 
of descriptive terms.  Article 17. Such marks can be included to the trademark (used with the trademark) but not 
protected as a trademark, i.e. as unprotect ed elements to the protected trademark. 
Articles 8 and 9 of the Trademark Law. 
Provide a period of protection for registration of at least seven years, renewable 
indefinitely.  Article 18. Article 18 of the Trademark Law provides for the term of protection during 10 years, 
with possible extension for the subsequent 10 years for an indefinite number of times. 
Allow cancellation for non-use only after a pe riod of three years of uninterrupted non-
use unless valid reasons exist for the non-use, including government interference with use.  Article 19.1. - Article 27 of the Law on Trademarks. 
No encumbering of the use of a trademark by special requirements.  Article 20. There ar e no limitations of usage of a trademark . 
May establish conditions for licensing but compulsory licensing not permitted and 
owner of registered mark must be able to assign it with or without transfer of 
business.  Article 21. The Law on Trademarks does not provide fo r compulsory licensing of a trademark. 
The Law grants an owner of a trademark th e right for its transfer ( Article 30) or 
assignment (Article 31), while not conditioning the right to transfer  on  transfer of 
business.  
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Geographical Indications Citation  to Appropriate Law or Laws  
Provide means to prevent deceptive use of geographical indications identifying 
location where a given quality, reputation or other characteristic of a good is 
attributable to its location.  Articles 22.1 and 2. - Article 8 of the Law on Trademarks; 
- Article 16 of the Law on Geographical Indications; and 
- Article 7 of the Law on Competition and Restriction of Monopolistic 
Activity. 
Refuse to register or invalidate registrations of trademarks containing geographical 
indications except in instances in which such marks have been used continuously for 
at least 10 years or in good faith before 15 April 1994.  Article 22.3. - Article 9 of the Law on Trademarks. 
 
However, the Law does not directly specify the exceptions in the event of uninterrupted period of use for at least 10 years or of the exploitation in good faith 
before 15 April 15 1994. 
Protect against use of geographical indications even when literally true but which 
falsely represent that the goods originate in another territory.  Article 22.4. - Article 16 of the Law on Trademarks. 
Protect, with certain exceptions, appellations  or origin for wines and spirits even 
against use accompanied by expressions such kind, "type", "style", etc.  Articles 23.1 
and 24. The Law does not provide for higher protection of geographic indications for wines. 
Industrial Designs Citation to Appropriate Law or Laws  
Provide, with certain exceptions, protection for new or original, independently created 
industrial designs.  Article 25.1. Article 5 of the Law on Industrial Designs  
 Protection of textile designs is also possible within the framework of the copyright in 
accordance with Article 6(7) of the Copyright Law which grants legal protection for 
works of decorative-applied art. 
Ensure that requirements fo r securing protection for textile designs are not prohibitive 
of such protection.  Article 25.2. There are no restrictions concerning textile design. 
Protection should last at least 10 years. - Article 6 of the Law on Industrial Designs. 
Patents Citation to Appropriate Law or Laws  
Provide patents for any inventions, whether products or processes, in all fields of 
technology if they are new, involve an inve ntive step and are industrially applicable.  
Exceptions are permitted for plants and animals, except for micro organisms and non-
biological and microbiological processes.  Exemptions are also permitted for reasons 
of ordre public and morality.  Article 27. - Article 6 of the Law on Inventions; and 
- Article 4 of the Law on Selection Achievements. 
Provide patent owners with the right to prevent others from making, using, offering for sale, selling or importing a patented product or from using a patent process or 
using, offering for sale, selling or importing a product produced directly using such 
process.  Article 28.1. - Articles 26 of the Law on Inventions; and 
- Article 13 of the Law on Selection Achievements. 
Give patent owners the right to assign the rights in the patent, or transfer the rights by succession, or licence them.  Article 28.2. - Article 27 of the Law on Inventions; and 
- Article 16 of the Law on Selection Achievements. 
Require applicants to disclose  the invention so that one skilled in the art can carry it 
out and may require indication of the best mode and information on corresponding 
foreign applications.  Article 29. - Article 12 of the Law on Inventions. 
 
However, the Law does not require information filing for patents made in foreign 
countries.  
  WT/ACC/TJK/10/Rev.1 
Page 10 TRIPS Agreement Tajikistan 
Ensure that any exceptions to exclusive pa tent rights do not unreasonably conflict 
with normal exploitation of the patent  and do not unreasonably prejudice the 
legitimate interests of the patent owner, taking third party interests into account.  Article 30. - Article 30 of the Law on Inventions. 
Compulsory licenses can be issued only when enumerated conditions are met, 
including such things as notice, remunerati on, limitations on use and transfer of the 
licence, etc.  Article 31. - Article 28 of the Law on Inventions; and 
- Article 20 of the Law on Selection Achievements. 
Provide an opportunity for judicial review of decisions to revoke or forfeit a patent.  
Article 32. - Article 32, 37 of the Law on Inventions. 
Provide a patent term of at least 20 years from the filing date.  Article 33. - Article 4 of the Law on Inventions; and 
- Article 12 of the Law on Selection Achievements. 
Shift the burden of proof in process patent infringement actions to the defendant in 
instances in which tile product produced by the process is new or where it is substantially likely that the identical product was made using the process and the 
patent owner has been unable through reasonable efforts to determine the process 
used.  Article 34. - Article 5 of the Law on Inventions 
Integrated-Circuit Layout Designs Citation to Appropriate Law or Laws  
Provide protection for original layout designs of integrated circuits that are registered 
or have been commercially exploited anywhere in the world.  Articles 3, 4, 5, and 7 of 
the Washington Treaty as incorpor ated into TRIPS by Article 35. Law on Legal Protection of Topologies of Integrated-Circuits. 
 
- Article 1126 of the Civil Code. 
Make unlawful, except in certain circumstan ces, the reproduction, importation, sale or 
other distribution of a protected layout design or an integrated circuit embodying such 
design or an article containing such a microcircuit.  Article 6 of Washington and 
Article 36 of TRIPS. - Article 7 of the Law on Legal Protection of Topologies. 
Provide such protection for a term of I 0 ye ars from the films, of an application for 
registration or from first commercial exploitation.  Article 38. - Article 12 of the Law on Legal Protection of Topologies. 
Undisclosed Information Citation to Appropriate Law or Laws  
Provide protection for undisclosed information that is secret (not generally known or 
readily ascertainable); has commercial valu e because of its secrecy., and has been 
subject to reasonable steps to keep it secret.  Article 39.2. - Article 153 of the Civil Code; 
- Article 7 of the Law  on Competition and Restriction of Monopolist 
Activities on Commodity Markets. 
Protect data submitted to obtain marketi ng approval for pharmaceutical or agricultural 
chemicals utilizing a new chemical entity.  Article 39.3. - Article 153 of the Civil Code; 
- Article 7 of the Law  on Competition and Restriction of Monopolist 
Activities on Commodity Markets.  
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Enforcement Citation to Appropriate Law or Laws  
- General Provisions  
Provide for effective action against infrin gement of intellectual property rights 
without creating barriers to legitimate trad e or opportunities for abuse.  Article 41.1. - Article 37 and 38 of the Law on Inventions; 
- Article 40 of the Law on Trademarks and Service Marks; 
- Article 22 of the Law on Legal Protection of Topologies of Integrated 
Circuits; 
- Article 31 of the Law on Industrial Designs; 
- Article 23 of the Law on Geographical Indications; - Article 28 of the Law on Selection Achievements; and 
- Article 1137 of the Civil Code. 
Provide enforcement procedures that are fa ir and equitable and are not unnecessarily 
complicated or costly and do not entail unreasonable time-limits or unwarranted 
delays.  Article 41.2. The procedures are established by the Civil Code, Civil Procedure Code, Code of 
Administrative Violations, Criminal Procedure Code, Economic procedure Code.   
Article 6 of the Civil Procedure Code establishes principle of equality of all persons 
before the law and court.   
Procedural terms and grounds for their extensions are established by Article 82 of the 
Civil Procedure Court.   
According to Article 63 (2) of the Civil Pro cedure Court, plaintiffs, at the suits arising 
from copyright and industrial property  cases, are exempt from state fees. 
Provide decisions on the merits based upon the evidence presented in the case to the 
parties, preferably  in writing with the reasons explained.  Article 41.3. - Articles 42-48 of the Civil Procedure Court. 
Provide for appeals to judicial  bodies of final administrativ e decisions and of at least 
the legal aspects of initial judicial decisions on the merits of a case.  Article 41.4. - Article 11 of the Civil Code; 
- Article 35 of the Law on Trademarks; - Article 37 of the Law on Inventions; 
- Article 30 of the Law on Industrial Designs; 
- Article 14 of the Law on Topologies of Integrated Circuits; and - Article 26 of the Law on Selection Achievements. 
Civil and Administrative Procedures and Reme dies Citation to Appropriate Law or Laws  
Provide a procedure that allows plaintiffs to bring an action for infringement; requires 
that defendants be notified; permits both side to present evidence in support of their 
position; and protects confidentia l information.  Article 42. Chapter 19 of the Civil Pro cedure Code establishes proced ural notice requirements.  
 
Article 47 of the Economic Procedure Code gr ants the rights to be presented in court 
by a representative (no mandatory requirement for personal presence). 
 
Article 33 of the Civil Procedure Code grants the right to both parties to present evidence in support of their position. 
 
Civil legislation grants protection to information that is an official or commercial 
secret.  
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Page 12 TRIPS Agreement Tajikistan 
Authorize judges to order production of evid ence necessary to subs tantiate a party's 
claims where that party has been unable to  obtain such evidence from the opposing 
party.  Article 43. 1. - Articles 33 and 38 of the Civil Procedure Code. 
Authorize judges to enjoin a defendant, except the government, from infringing 
intellectual property rights.  Article 44.1. The legislation of the Republic of Tajikistan does not provide for such authority for 
judges.  It is planned to adopt such amendments to related Codes. 
Authorize judges to order the payment of monetary damages adequate to compensate 
for the injury done by the infringement.  Article 45.1. - Article 11, 15 of the Civil Code; and 
- Article 1137 of the Civil Code. 
Authorize judges to order infringer to pay right holders enforcement costs and 
recovery of profits and/or statutory damages.  Article 45.2. - Article 11 of the Civil Code; and 
- Article 1137 of the Civil Code. 
Authorize additional remedies including seizure of infringing goods, and the materials and implements the predominant use of which is infringement.  Article 46. - Article 1137 of the Civil Code; and 
- Article 80 of the Civil Procedure. 
Authorize indemnification of defendant, includi ng attorneys' fees in the event of abuse 
by plaintiffs.  Article 48.1. - Article 74 of the Civil Procedure Code. 
Exempt public authorities and officials from liability in connection with the 
administration of intellectual property laws only where the actions are taken or intended in good faith within the scope of tile relevant authority.  Article 48.2. The legislation of the Republic of Tajikistan provides for the equality of all parties 
before the court and law.  There are no exceptions for state officials. 
Ensure that administrative remedies conf orm to the principles in the preceding 
Articles.  Article 49. Code of the Administrative Violations. Chapter on IP.  Copy will be submitted to 
WTO. 
Provisional Measures Citation to Appropriate Law or Laws  
Authorize judges to grant temporary restraining orders and provisional relief to 
prevent infringement and to pres erve evidence.  Article 50.1. - Articles 33 and 38 of the Civil Procedure Code; and 
- Articles 54, 71-72 of the Economic Procedure Code. 
 
However, existing provisions do not grant authority for judges to order injunctions inaudita altera parte , according to TRIPS 50.1. 
Authorize judges to require the complaining party to indemnify the defending party 
against harm if the decision on the merits finds the provisional relief unjustified.  
Article 50.3. The legislation of the Republic of Tajikistan does not provide for such authority for 
judges. It's planned to adopt such amendments to related Codes. 
Provide for notice, for formal action by the plaintiff after temporary restraining 
orders, etc.  Article 50.4. Article 41 of the Civil Procedure Code and Articles 71-72 of the Economic Procedure 
Code provide for notice requirements of all parties about the time and place of 
consideration of the application for injunction (plaintiff must request the court for 
injunction).  
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Border Measures Citation to Appropriate Law or Laws  
 Regulations governing the protection of intell ectual property rights are reflected in the 
Customs Code of the Republic of Tajikistan, "Provision on order of customs control 
related to goods containing intellectual property objects"(hereinafter - Provision), Resolution of the Government No. 185 on "Adopting the Decision on Rules of 
Customs Control Over the Movement of Goods Containing Objects of Intellectual 
Property" (hereinafter Deci sion), and other legislative acts of the Republic of 
Tajikistan. 
Provide for suspension of release by customs authorities of goods suspected of 
bearing a counterfeit trademark or of being a piratical copyrighted work, either at the 
request of a right holder.  Members are author ized to extend such protection to holders 
of other forms of intellectual property, Article 51. - Article 437 of the Customs Code. 
- Part V of the Provision. 
Require right holders initiating border measur es to provide evidence of a prima facie 
infringement and a description of tile goods sufficient for customs authorities to 
recognize them.  The right holder must be notified within a reasonable time is action 
will be taken on his behalf.  Article 52. - Article 438 of the Customs Code. 
Authorize authorities to require the right holder requesting border measures to post a 
bond sufficient to protect the defendant and to prevent abuse.  Article 53. - Article 438 (4) of the Customs Code. 
Requires prompt notification of the right holder and the importer when action under 
Article 51 is taken.  Article 54. - Part V (5.3) of the Provision. 
Requires that customs authorities be notified within a maximum of 20 days of the 
receipt of notice that proceedi ngs on the merits have begun or the suspension is to be 
revoked.  Article 55. - Article 443 of the Customs Code; and 
- Part V (5.6) of the Provision. 
Authorities must be authorized to require the right holder to compensate the importer 
or owner of the goods subject to border measures if goods were wrongfully detained 
or if proceedings leading to a decision on the merits are not begun within tile allotted 
time.  Article 56. - Part VI of the Provision; 
- Paragraph 5.8 of the Provision; and 
- Article 439 of the Customs Code. 
Right holders must be allowed to inspect the detained goods in order to substantiate 
the right holder's claims.  Importers must be given similar authority.  Members may 
give the right holder the names and addresses of those involved in the importation 
when infringement is found to exist.  Article 57. - Article 443 of the Customs Code. 
Establishes the conditions that must be in  place if customs authorities are authorized 
to act ex officio , including the ability to ask the right holder for information at any 
time; the requirement to notify the importer promptly of the suspension; and the 
requirement that public officials be liable if they act in bad faith.  Article 58. No such provision is in the draft new edition of the Customs Code. 
Competent authorities must be able to order destruction or disposal other than by re-
export of infringing goods where appropriate.  Article 59. Customs Code does not provide for destruction of counterfeit goods. 
 
Part IX of the Provision provides for seizure of destruction of the pirated goods 
(copyright and related rights), as for th e counterfeit goods (industrial property), 
Provision refers to the measures related Codes on Civil, Administrative Procedure.  
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Page 14 TRIPS Agreement Tajikistan 
Members are authorized to except from bord er measures small quantities of infringing 
goods of a non-commercial na ture carried in personal luggage or shipped in small 
consignments.  Article 60. - Article 444 of the Customs Code. 
Criminal Procedures Citation to Appropriate Law or Laws  
Provide criminal procedures and penalties, su fficient to act as a deterrent, for wilful 
trademark counterfeiting or copyright piracy on a commercial scale.  Authorizes 
extension of criminal actions to other forms of intellectual property where 
infringements are wilful and on a commercial scale.  Article 61. - Article 156 of the Criminal Code of the Republic of Tajikistan with regards 
to infringement of copyright, related rights and patent rights; and 
- Article 275 of the Criminal Code of the Republic of Tajikistan with regards 
to infringement of industrial property rights ( trademarks, service marks, geographical indications, etc.). 
 
 
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