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INTELLECTUAL PROPERTY RIGHTS IN TURKMENISTAN

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Opposition Term

03 Months

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • The Law of Turkmenistan No. 221-III of October 23, 2008, on Trademarks, Service Marks, and Appellations of Origin is the primary legislation concerning the law on trademarks. A new Law on Trademarks entered into force in Turkmenistan on June 19, 2019, introducing important changes and clarifying the trademark registration procedure.

  • For getting a trademark registered in Turkmenistan, an application has to be filed with the Turkmenpatent or the Turkmenistan Patent and Trademarks Office, which administers the entire trademark registration process.

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

  • Turkmenistan follows the 10th edition of Nice Classification. Multi-class trademark applications are acceptable.

  • The third parties can file opposition actions against a trademark application within three (03) months following its publication date in the official gazette.

  • Applications filed before November 5, 2008 will be valid for ten (10) years from the registration date; for applications filed after that date, term of ten (10) years will be calculated from the filing date.

  • The grace period to renew a trademark after the date of expiry is six (06) months.

  • A registration may be cancelled based on non-use during the three years (03) before the filing of a request for cancellation (prior law provided for any period from the date of original registration).

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

  • Functioning and control of the national patent system has been assigned to the Intellectual Property State Patent Service of Turkmenistan (Turkmenpatent) formed in 1993. Patent Service stays under supervision of the Ministry of Finance and Economics of Turkmenistan.

  • In Turkmenistan, 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.

  • Opposition is possible during the entire term of protection through the Patent Office Appeal Board.

  • A short-term patent (if full examination is not requested) is usually issued after formal examination and is valid for ten (10) years as of the filing date. A patent that is issued after full examination is valid for twenty (20) years. The first post-grant annuities starting from the 1st year must be paid within said term as well. All next annuities are counted from the filing date and are to be paid before the anniversary of the filing date.

  • Law on Legal Protection of Industrial Designs, in force since November 13, 2017 - governs and deals with the mechanism of registration of industrial designs.

  • For getting an industrial design registered in Turkmenistan, an application has to be filed with the Turkmenpatent, which administers the entire process of registration.

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

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

  • Oppositions are possible during the entire term of protection through the Patent Office Appeal Board.

  • The new industrial design law introduces a design patent that will initially be valid for five (05) years, with a possibility to renew it every five (05) years for a total of fifteen (15) years from the application filing date. This design patent replaces the two previously existing patent forms - the limited patent with a validity period of ten (10) years and the design patent with a validity period of fifteen (15) years.

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

  • If the payment of the fee is delayed, the applicant is granted a grace period of six (06) months from the date of expiry of the established period, subject to payment of the corresponding fee for each missed month.

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

  • Law of Turkmenistan about copyright and the related rights of January 10, 2012 No. 257-IV (as amended of the Law of Turkmenistan of 25.11.2017 No. 668-V) - is the basic legislation governing copyright protection in Turkmenistan.

  • In Turkmenistan, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. However, one can avail some facilities for having the work registered in the State Service for Intellectual Property of Ministry of Finance and Economy of Turkmenistan.

  • The copyright shall act during the author's life and fifty (50) years after his or her death. The copyright for creation established anonymously or under pseudonym shall act during fifty (50) years from the date of lawful edition of such creation. Copyright shall be handed over according to the copyright agreements and by way of inheritance. Moral rights shall not be handed over in accordance with testament.

  • The subjects of neighbouring rights are performers, producers of phonograms, videograms, and broadcasting organizations. Neighbouring rights and copyrights shall include moral and property rights. The performer's rights shall act during fifty (50) years from the date of the first performance. The rights of phonograms and videograms producers shall act during fifty (50) years after their first publishing or during fifty (50) years after the first recording. The rights of broadcasting or cable distribution organizations shall act during fifty (50) years after the first cable transmission.