Protection of industrial property objects in Tajikistan


I. Patents of invention
II. Utility models
III. Trade and service marks
IV. Industrial designs

I. Patents of invention

  1. Legal basis
    • Temporary Regulations of the Republic of Tajikistan on Inventions, Utility Models and Industrial Designs, dated February 2, 1994.
  2. Membership of international conventions
    • Paris Convention, as of February 14, 1994;
    • PCT, as of February 14, 1994.
  3. Filing
    • Applicant: the inventor or his legal successor;
    • Foreigners: should appoint a local agent in Tajikistan (Provisional Regulations on Powers of Attorney, Order No. 183 of Ministry of Economy and Forecasting, dated December 23, 1994).
    • Protection of foreigners: they enjoy the same rights as Tajik nationals.
    • Patents: can be granted for devices, processes, substances, strains of micro-organisms, cultures of vegetal and animal cells, for a new use of a known device, process, substance or strain.
    • Patentability: a patent is granted for an invention which is new, which is a result of creative work, which has an inventive level and is industrially applicable.
    • Novelty: the claimed invention should not have been made available in Tajikistan to the public by publication, exhibition, demonstration or use, or be obvious to persons skilled in the art.
    • Novelty grace period: 6 months (for the inventor).
    • Exceptions to protection: scientific theories and mathematical methods, methods of economic organization and management, symbols, schedules and rules, methods for performing mental acts, algorithms and computer softwares, projects and plans for structures and buildings and for land developments; computer programes; topographies and integral circuits, plant varieties and animal breeds, proposals that are contrary to the public interest, humanitarian principles or morality.
    • Unity of the invention: application for an invention must cover one invention only, or a group of inventions forming a single inventive concept.
    • Priorities: according to the Paris Convention, within 12 months.
    • Extension of the conventional term: may be extended for valid reasons for further 2 months, if an application claiming the Conventional priority could not be filed within 12 months.
    • Territory covered: the Republic of Tajikistan.
    • Requirements (to be sent to resident agent for filing of application):
      1. Power of attorney, no legalization (if the application is filed through a local agent);
      2. Specification, claims and abstract (to be translated in Tajik (Farsi) or Russian language);
      3. Drawings;
      4. Priority document, if priority is claimed, to be filed within three months from the filing date.
        National phase of PCT applications: have to be filed within 21 months (Chapter I) or 3 l months (Chapter II).
  4. Examination procedure
    • Examination: a formal examination and a complete examination. The formal examination is carried out two months after the filing date and comprises checking the formal requirements. As a result of the formal examination, the Patent Office issues a decision to accept the application for publication, or to reject it. A negative decision may be appealed to before the Patent Office Appeal Board within a two-months term.
    • Publication of application: the main data of an application, together with the patent claims and abstract thereof are published after the formal examination is completed, 18 months after the filing date, in the Patent Office Gazette. A complete examination regarding the patentability of an application is carried out at the request of the applicant or any other interested party within three years from the filing date. If no request is filed, the application is considered abandoned.
    • Amendments to the application: voluntary amendments may be submitted to the Patent Office within two months after the filing date, or during the entire period of the formal and complete examination; additional materials extending or changing the subject matter of an application are not accepted.
    • Divisional application: may be filed during the formal or complete examination if the requirements regarding the unity of the examined application are not met; a divisional application retains the priority of the basic application.
  5. Granting
    • Granting decision: issued after the complete examination, if the patentability, including novelty requirements are met. A negative decision may be appealed to by the applicant before the Patent Office Appeal Board within a two-month term.
    • Publication: six months after the granting decision, in the Patent Office Gazette, upon payment of a fee. Patent particulars are entered into the Patent Register and a Certificate is issued.
    • Duration: 20 years from the filing date.
  6. Modification of protection after granting
    • Opposition: not provided for.
    • Invalidation: a request for invalidation or nullification may be filed by any person during the entire period of the validity of a patent.
    • Licence: must be registered.
    • Compulsory licence: may be granted in case of non-working during six years from the patent granting date.
    • Official licence: may be declared by a decision of the Ministry Board of Tajikistan if of public interest.
    • Assignments: must be registered with the Patent Office. Infringement: penal provisions provided.

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II. Utility models

  • The Tajikistan Provisional Regulations also include provisions on utility models. Examination: formal examination only. Duration: 6 years from the filing date. Extension of the validity: not longer than 3 years, at the owner's request. Conversion to a patent: possible, before the granting decision is issued.

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III. Trade and service marks

  1. Legal basis
    • Law of the Republic of Tajikistan on Trade and Service Marks, passed on December 23, 1991.
  2. Membership of international conventions
    • Paris Convention, as of February 14, 1994;
    • Madrid Agreement, as of February 14, 1994.
  3. Filing
    • Applicant: natural persons or legal entities.
    • Foreigners: enjoy the same rights as nationals, may appoint a Tajik agent, or file directly to the Patent Office (Provisional Regulations on Powers of Attorney, Order No. 183 of Ministry of Economy and Forecasting dated December 23, l994).
    • Kinds of protection: trade marks and service marks (word marks, device marks and combinations thereof, tridimensional marks, sound and light marks); collective marks.
    • Not registrable: emblems and flags, abbreviated and full names of international and intergovernmental organizations, official control, guarantee marks and test marks, stamps, seals, rewards and other decorations and similar marks which may lead to confusion, marks which are not distinctive, which are generally used as denominations of the goods applied for, generally accepted as symbols and terms, indicating the type, quality, quantity, property, purpose, usefulness of goods, place as well as terms of their production and sale, trade marks partially or completely consisting of geographical denominations, which can be perceived as indication of the location of the manufacturer; which are false of misleading for consumers as to the product or his manufacturer; whose content is contrary to humanitarian principles and to morality. The protection cannot be granted for trade marks identical or similar to earlier registered trade marks (or applications) for similar goods in the Republic of Tajikistan or protected in accordance with International Treaties by another person. The protection cannot be granted without the appropriate consent for; titles of well-known works of literature, science and art, surnames, pseudonyms and derivatives thereof, portraits, facsimiles.
    • Priorities: in accordance with the Paris Convention, including the exhibition priority (within six months after the exhibition).
    • Classification: international.
    • Territory covered: the Republic of Tajikistan.
      Requirements (to be sent to resident agent for filing an application):
      1. Power of attorney, no legalization (if the application is filed through a local agent);
      2. Prints of the sign to be protected (25 prints Sx5 - 9x12 cm);
      3. List of goods and services, according to the International Classification; one application may include goods belonging to more than one International Class (to be translated into Tajik (Farsi) or Russian);
      4. Priority documents, if any (to be filed within three months from the filing date);
      5. For collective marks: statute of the association.
  4. Examination procedure
    • Examination: a formal examination and a complete examination. The formal examination is carried out one month after the filing date and comprises checking the formal requirements and issuing an appropriate decision. A negative decision may be appealed by the applicant within a two month term. A complete examination comprises examination of the similarity in respect to previously filed applications/registrations in Tajikistan and as to registrability conditions.
    • Amendments and corrections: voluntary amendments or formal corrections may be filed within two months from the filing date. Additional materials modifying the claimed sign or the list of goods as to substance, are not accepted.
    • Appeal: the applicant may file an appeal against a negative decision issued by the Patent Office after the complete examination, before the Patent Office Appeal Board, within a two-month term.
  5. Granting and protection
    • Publication: the trade mark particulars are entered into the Trade Mark Register after the granting decision and published in the Patent Office Gazette six months after the granting date.
    • Duration - extension: ten years; renewable for further ten-year periods.
    • Exclusive right: the exclusive right to use the registered trade mark belongs to its owner.
    • Obligation to use: compulsory.
    • Nominal use: advertisement, publication of trade marks in the Tajik journals, or presentation of the marked goods at exhibitions in Tajikistan, may be considered as acts of use in absence of actual use.
    • Licences: licence agreement must be in the form of a written contract registered in the Patent Office.
    • Assignment: must be registered.
  6. Modification of protection after registration
    • Rights of prior user: not regulated.
    • Nullification: any person concerned during the entire period of validity may object and appeal a trade mark registration if the conditions established by the law for registration are not fulfilled.
    • Infringement: penal punishment provided.
    • Validation of invalidated mark: an expired trade mark cannot be applied for during three years following its expiration date in the name of another owner than its former owner; this applies also to the cases when the owner abandons the trade mark before the expiration of the registration.

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IV. Industrial designs

  1. Legal basis
    • Temporary Regulations of the Republic of Tajikistan on Inventions, Utility Models and Industrial Designs, passed on February 2, 1994
  2. Membership of international conventions
    • Paris Convention, as of February 14, 1994;
    • Locarno Agreement, as of February l4, 1994.
  3. Filing
    • Applicant: natural person or legal entities.
    • Foreigners: enjoy the same rights as nationals; may appoint a Tajik agent or file directly to the Patent Office (Order No. 183 of Ministry of Economy and Forecasting dated December 23, 1994).
    • Kinds of designs: industrial designs (or combinations thereof) which are new, original and industrially applicable.
    • Novelty: the essential features of a design must not be known in Tajikistan prior to the priority date.
    • Not registrable: designs resulting from the technical function of the article; which are contrary to the public interest or morality; those related to structural forms, with the exception of rninor architectural forms; printing products as such; articles having unstable shape, such as liquids, gaseous or bulk substance.
    • Priorities: according to the Paris Convention.
    • Territory covered: the Republic of Tajikistan.
    • Requirements: (to be sent to resident agent for filing an application):
      1. Power of attorney, no legalization (if the application is filed through a local agent).
      2. Photographs and/or drawings.
      3. Specification of the design, to be translated in Tajik (Farsi) or Russian.
      4. Priority document (if any).
  4. Examination procedure
    • Examination: a formal and a complete examination (novelty).
    • Amendments to the applications: possible; voluntary within two months following the filing date, as well as during the examination (if no essential modifications are introduced).
    • Publication: six months after the registration, in the Patent Office Gazette.
  5. Granting and duration
    • License rights, opposition and invalidation are regulated in the same manner as for patents.
    • Duration: 10 years from the filing date.
    • Extension: additional 5 years.


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19.08.2009