Turkmenistan - Industrial Property Law

Newsletters and Bulletins / November 1995 / Turkmenistan

As reported in our November 1994 Newsletter, a new Industrial Property Law has entered into force in Turkmenistan. We have now received a translation of the law and the principal features thereof are summarized below.

Patents

The law provides for patent protection of "solutions of technical tasks which are new, useful and have inventive merit". There are, however, several classes of inventions for which patents may not be granted, including: scientific theories; mathematical methods; methods of organization and management of the economy; contingent designations, timetables and rules; methods of performing mental operations; algorithms and programs for computers; integrated micro-circuit technology; projects and planning of structures, buildings and territories; plant varieties and animal breeds (plant and animal cell cultures are specifically stated to be patentable); proposals pertaining to only the appearance of articles and directed to meeting the consumer's aesthetic requirements; and solutions conflicting with social interests, the principles of humanity and morals.

Novelty is to be judged on a world-wide basis and includes "all information sources", although there is a one-year grace period for the applicant's own disclosures or any disclosure deriving directly or indirectly from the applicant.

After an initial formal examination (to be completed within six months of filing), the application will be published and interim protection will be granted up to the end of five years from the filing date. To obtain full patent protection substantive examination must be requested within five years of filing.

Patents are subject to the possible grant of a compulsory license if not worked sufficiently in Turkmenistan within five years of the grant of interim protection or if the working of a later patent is blocked by the patent in question.

The law is of interest in that in addition to providing for patent protection, it also preserves the former USSR practice of granting inventor's certificates for innovations.

Designs

Design protection may be granted for designs that are new, original and industrially applicable. Novelty is decided on a world-wide basis and "originality" by whether "essential features call for the creative nature of aesthetic peculiarities of an article". Protection may not be obtained for designs that: are exclusively functional; relate to architecture (except small architectural forms), industrial, hydraulic or other stationary structures; are printed matter; are unstable or run counter to social interests, the principles of humaneness and morals. Other elements of the design law are generally similar to the patent law except that the novelty grace period for the applicant's own publications is six months rather than one year.

Trademarks

1) Registrable marks are designations that distinguish goods and services of one party from those of another, and may include words, graphic signs, three-dimensional forms and other designations or combinations thereof. Marks may be registered in respect of a particular color or combination of colors.

2) Marks may not be registered if they are, inter alia, generic or descriptive terms or are identical or confusingly similar to (a) a registration or prior application in respect of the same or similar goods or services; (b) marks protected in accordance with international agreements; (c) indications of origin; (d) a trade name of a third party used in Turkmenistan in respect of the same or similar goods or services prior to the filing of the conflicting application; (e) the subject of protected industrial designs, copyrights or personal names and likenesses.

3) A single application may be filed in respect of multiple classes of the International Classification of Goods and Services and may claim priority under the Paris Convention.

4) Collective marks may be registered.

5) Applications are examined for inherent registrability and for prior conflicting marks.

6) Applications which are found acceptable are granted registration and published in an official bulletin for a period of 6 months. The owner of a conflicting right may file a cancellation action before the Commission of Appeals at any time.

7) Applicants may appeal a registrability decision of the Patent Office to the Commission of Appeals and the rejection of an application by the Commission may be the subject of a final reconsideration appeal at the request of the Chairman of the Patent Office.

8) Registrations are granted for a period of 10 years from the date of registration and may be renewed for further 10-year periods. Belated renewal is available, upon payment of a surcharge, within 6 months of expiration.

9) License agreements must be recorded to be valid.

10) A registered trademark may be infringed by its unauthorized use not only on products or services but also in advertisements, publicity and on signboards.

November 1995 Index

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