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INTELLECTUAL PROPERTY RIGHTS IN TAJIKISTAN

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Opposition Term

N/A

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • Law of the Republic of Tajikistan No. 858 of July 3, 2012 on Amendments to the Law of the Republic of Tajikistan on Trademarks and Service Marks is the primary law governing the mechanism of trademark registration and protection in Tajikistan.

  • For getting a trademark registered in Tajikistan, an application has to be filed with the Authorized State Body, which administers the entire trademark registration process.

  • It follows a 'first-to-file' system.

  • Tajikistan follows the 11th edition of Nice Classification. Multi-class trademark applications are acceptable.

  • There is no procedure for opposing a trademark application. However, invalidation proceedings can be initiated.

  • The term of validity of a trademark registration may be extended at the request of the rights holder, which needs to be filed during the last year of such validity term, each time for a period of ten (10) years.

  • Upon the request of the rights holder for extension of the period of validity of the registration of the trademark, he may be granted a grace period of six (06) months after expiration of the registration, provided that an additional obligatory charge has been paid.

  • The term for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.

  • Tajikistan is a member of the Paris Convention for the Protection of Industrial Property.

  • Law of the Republic of Tajikistan on Inventions adopted by the Lower Chamber of Parliament on December 24, 2003 – deals with the mechanism of patent protection in the nation.

  • An application for the grant of a title of protection for an invention needs to be filed by the applicant with the Patent Office.

  • In Tajikistan, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.

  • The types of patent applications that can be filed include Non-Convention Application and Convention Application.

  • There are no provisions for raising an opposition proceeding at the pre-grant stage. Once the patent is granted, the same can be opposed against.

  • In Tajikistan, a patent has a period of protection of twenty (20) years, with annuities to be paid from the 3rd year. There is a grace period of six (06) months to renew a patent.

  • Law of the Republic of Tajikistan of February 28, 2004 No. 16 about industrial designs - governs and deals with the mechanism of registration of industrial designs in Tajikistan.

  • The types of industrial design applications that can be filed in Tajikistan include Non-Convention Application and Convention Application.

  • Utility model protection isn't provided under industrial design protection in the nation.

  • Opposition against an industrial design application can't be raised in Tajikistan.

  • An industrial design patent shall be valid for a term of ten (10) years as of the date on which the appropriate application is filed with the Patent Office. The term of an industrial design patent shall be extended by the Patent Office at its owner’s request, but by not more than for five (05) years.

  • The time frame for payment of the renewal fee before the due date is six (06) months.

  • There is no grace period to renew a registered industrial design.

  • Tajikistan is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.

  • Copyright law in Tajikistan is covered by the Law on Copyright and Related Rights of Republic of Tajikistan, adopted on 13th November 1998 (Law No. 726), and subsequently amended on 1st August 2003 (Law No. 27).

  • Copyright on scientific, literary, and artistic works shall emerge by virtue of the fact of their creation. The origin and exercise of copyright shall not require either registration, special registration of the work, or any other act of formality.

  • Possessors of copyright or persons having some exclusive copyright to a work, for acquisition of a copyright certificate to a published or unpublished work, on a fact or a date of publication of the work or on contracts regarding the copyright to a work, at any time during the protection of copyright, can register the work according to the procedure determined by the body authorized by the Government of the Republic of Tajikistan in the area of copyright and related rights protection.

  • Copyright shall have effect throughout the lifetime of the author, shall be inherited, and have effect for fifty (50) years after the author’s death.

  • The rights of the performer provided for in the copyright law shall be valid during fifty (50) years after the first performance.

  • The rights of phonogram producer stipulated in the law shall be valid during fifty (50) years after the first publication of the phonogram, or during fifty (50) years following the first recording, if the phonogram was not published in the course of that period.

  • The rights of cable casting organizations stipulated in the law shall be valid during fifty (50) years following the first cable casting by such organization.