PATENT LAW OF TURKMENISTAN



Section 1. General Provisions



Article 1. The Sphere regulated by the Patent Law

The Law regulates property and related private non-property

issues arising in connection with the creation, legal

protection and use of inventions, industrial patterns, trade

marks and service marks (hereafter - the objects of

industrial property), and also issues related to the

recognition of authors rights to a rationalization

proposal.



Article 2. The Patent Department at the Cabinet of Ministers

of Turkmenistan

The Patent Department at the Cabinet of Ministers of

Turkmenistan (hereafter - Turkmenpatent) in accordance with

the present Law accepts for consideration the application

for the objects of industrial property, carries out

expertise, issues the patents (temporary patents),

certificates, makes official publications of protective

documents and performs other related functions according to

the regulations passed by the Cabinet of Ministers of

Turkmenistan.



Article 3. The 0bjects of Industrial Property,

Rationalization Proposals and their Legal Protection

1. According to the Law inventions, industrial patterns,

trade marks and service marks are objects of industrial

property, for which have been requested and obtained the

legal protection in Turkmenistan in the form of a patent,

temporary patent (on invention and industrial pattern) and

certificates (on trade marks and service marks) issued by

Turkmenpatent.

Rationalization Proposals get legal protection in the form

of a certificate on a rationalization proposal in an

enterprise, an institution or organisation (hereafter -

enterprise) where it was recognized as a rationalization

proposal.

2. The right on the objects of industrial property as well

as rationalization proposals is protected by law. In

Turkmenistan natural persons and entities are entitled to

legal protection of inventions, industrial patterns, trade

marks and service marks.

3. Legal protection in accordance with the Law is not

granted to the objects of industrial property under state

secrets. The procedure of applying for inventions and

industrial patterns under secrets is subject to special

legislation.

4. Foreign natural persons and entities have the same rights

under the Law and other acts of Turkmenistan s legislation

as natural persons and entities of Turkmenistan concerning

the protection of objects of industrial property under

international agreements of Turkmenistan.

5. Should international agreements of Turkmenistan stipulate

other rules than those in the Law, the rules of

international agreements shall apply.



Section 2. The Conditions of Patentability



Article 4. The Conditions of Patentability of an Invention

1. The technical solution of a task, being new, useful and

having invention level, is recognized as an invention.

An invention is recognized to be new if it is not a part of

an achieved level of science and technology.

The level of science and .technology is determined by using

all information sources available in Turkmenistan and abroad

up to the date of invention priority.

An invention is recognized to be useful if it provides a new

and higher result which the society obtains when using the

invention in comparison with the known level of science and

.tecbnology. Invention has the level of invention, if for a

specialist it does in this work-aspect not result from the

level of science and .technology.



2. The objects of invention are:

· devices;

· processes;

· substances;

· microorganic strains;

· cell cultures of plants and animals;

· the use of a known device, process, substance, strain

in a new application.



3. Not recognized to be patentable are inventions of:

· scientific theories;

· mathematic methods;

· methods of organization and management in the economy;

· conventional signs, schedules, rules;

· methods of performing mental processes;

· algorithms and programs for calculating mashines;

· standardization of integrated microschemes;

· projects and schemes for the planning of facilities,

buildings, territories;

· varieties of plants and breeds of animals;

· proposals regarding only external decoration of

articles and aimed at meeting aesthetic requirements;

· solutions contradicting social interests, principles of

humanity and morality.



4. The public revelation of information regarding invention

by an applicant (author) or other person directly or

indirectly receiving from him this information, is not

recognized as the circumstance affecting invention

patentability, if the request for the invention is made not

later than 12 months from the date of revelation.

The burdon of proof for this fact bears the applicant.



Article 5. The Conditions of Patentability of Industrial

Pattern.

1. Concerning an industrial pattern, the artistic-

constructive solution of a work is determined by its

external appearance.

An industrial pattern is provided with legal protection if

it is new, original and industrially acceptable.

An industrial pattern is recognized to be new, if the entire

material appearance composing the aesthetic and (or)

ergonomical features of a work, is not known from

information generally available in the world up to the date

of industrial pattern priority.

When determining the newness of an industrial pattern there

are to be considered earlier applications in Turkmenistan,

filed by other persons and not recalled, on the same

industrial patterns, and also industrial pattern patented in

Turkmenistan.

An industrial pattern is recognized to be original if

essential features constitute the creative character of

aesthetic peculiarities of a work.

Industrial pattern is recognized to be industrially

acceptable if it can be repeatedly produced in the way of

producing corresponding goods.



2. Not recognized to be patentable solutions for industrial

patterns are:



· constituting only a technical function of a work;

· contained in objects of architecture (except small

architectural forms), industrial, hydrotechnical and other

stationary plants;

· printing production as such;

· objects of unstable forms from liquids, gas, granular

and similar substances;

· contradicting to public interests, the principles of

humanity and morality.



3. The public revelation of information of an industrial

pattern by an applicant (author) or other person directly or

indirectly receiving from him this information is not

recognized as a circumstance affecting industrial pattern

patentability, if the request for the industrial pattern is

made not later than 6 months from the date of revelation.

The burdon of proof for this fact bears the applicant.



Article 6. The Conditions of Protectability of Trade Marks

and Service Marks

1. A trade mark and service mark (hereafter referred to as -

trade mark - signs providing relatively the difference of

goods and services of one entities or natural persons from

the same type of goods and services (hereafter referred to

as -goods) of other entities or natural persons.

2. Legal protection for trade mark in Turkmenistan is

provided on the basis of state registration in the order

established by the Law or in the force of international

agreements of Turkmenistan.

Trade mark may be registered in the name of entity and

natural person as well carrying on the business activities.



3. Verbal, graphic, volume and other signs or their

combinations may be registered as the trade marks. Trade

mark may be registered in any color or color combination.



4. There is not permitted the registration of trade marks

consisting only of the signs:



· having no features of difference;

· preventing themselves state emblems, flags and

contracted or full names of international, intergovernmenta1

institutions official control, guarantee and hall marks,

stamps, award decorations and other signs may be included as

non-protected elements in trade mark if there is the consent

of relative competent body or their owner;

· entered into general use as the signs of certain type

goods;

· being universally adopted symbols and terms;

· indicating type, quality, quantity, specifications,

industrial patternation, value of goods and also the place

and time of their manufacturing or supply;

· being false or capable to delude a consumer regarding

goods, service or the production;

· contradicting in its content, to the public interests,

the principles of humanity and morality.



5. There can not be registered as trade marks, the signs,

before their mixture, being identical with or similar to:



· the trade marks before registered or requested for

registration in Turkmenistan in the name of other person, in

the respect of the same type goods; the trade marks of other

persons, protected in Turkmenistan on the basis of

international agreements;

· the firm titles (or their part) following to other

persons got the right on these titles before the request on

trade mark in the request of the same type goods;

· the place names of goods origin protected in

Turkmenistan, besides the cases when they are included as

non-protected element in trade mark being registered in the

name of person being entitled to use such a title.



6. The signs are not registered as trade marks which

reproduce:



· the industrial patterns, the right on which belongs to

other person in Turkmenistan;

· the names of known in Turkmenistan works of science,

literature and art or the quotation from them, the works of

art of fragments without the consent of copyright owner or

corresponding competent body.





Article 7. The Conditions of Rationalization Proposal

Protectability

1. Proposal is recognized to be rational if being new or

useful for enterprise which it was made to and foreseeing

creation or changing the construction of article, the

technology of production and techniques used or composition

of material.

Rationalization proposal is new for an enterprise which it

was made to it according to the sources of information

available at the enterprise, this or similar to made

proposal was not known to the extent being enough for its

practical utilization. Its use under the author's initiative

in the course of not more than three months prior to

application lodging, is not recognized as the circumstances

affecting the newness of rationalization proposal.

Rationalization proposa1 is useful for enterprise which it

was made to if its use allows to increase economic

efficiency of enterprise or gain new positive effect in its

activity.



2. The proposals are not recognized to be rational which

reduce the safety and other indicators of product quality or

worsen the labor conditions, work quality and also cause or

increase environment pollution.



Section III. The authors and owners of Security Documents.



Article 8. The author of invention ( industrial pattern,

rationalization proposal).

The author of invention ( industrial pattern,

rationalization proposal is recognized to be natural person

due to the creative work of whom it has been made. If

invention ( industrial pattern, rationalization proposal)

has been made with joint creative work of several natural

persons, all of them are recognized to be the co-authors.

The procedure of exercising the rights on the invention (

industrial pattern, rationalization proposa1) created in

collaboration, is defined with the agreement among them. The

natural persons are not recognized as the authors, who did

not make personal creative contribution in the creation of

invention ( industrial pattern, rationalization proposa1)

delivering the author only technical, administrative or

material assistance or promoting to draw up the rights on

invention ( industrial pattern, rationalization proposal)

and its utilization.

The author of invention ( industrial pattern,

rationalization proposal) has the copyright which is

inalienable personal right.

The authorship an invention (industrial pattern,

rationalization proposal) is protected permanently.



Article 9. The Owner of Patent ( temporary patent) on

Invention, Industrial pattern.

The owner- of patent ( temporary patent) on invention or

industrial pattern are:



· author ( co-author);

· heir ( heirs) of author ( co-author);

· Turkmer6stan Fund of Invention if author ( co-authors)

assign it the exclusive right on the patent use;

· employer if between the author ( co-author) of

invention or industrial pattern and employer there was made

the agreement on the author's ( co-author's) assignment of

the right on the patent ( temporary patent).



In this case the author ( co-author) is entitled to use the

invention or industrial pattern. in his own production.

Should above mentioned agreement between the author ( co-

author) a .and employer has not been made or the employer

has not made the request for issuing the patent ( temporary

patent) within three months period after written

notification by the author ( co- author) on the invention

created by him or industrial pattern, the right on obtaining

the patent ( temporary patent) is reserved for the author (

co-authors).

The employer has the right to use this invention or

industrial pattern under conditions coming from the

licensing arrangement, other natural person or entity, to

author ( co-authors) assigned under the agreement, the right

on obtaining the patent ( temporary patent) before the

object being inserted in the state Register of Turkmenistan.



Article 10. The Owner of Certificate on Trademark.

The owner of certificate on trademark can be natural person

or entity carrying on business, and also association of

enterprises delivering goods and services having general

characteristic features .

Article 11. The Invention Fund of Turkmenistan.

The Invention Fund of Turkmenistan established at

Turkmcnpatent promotes natural persons and entities in

protecting their interests regarding the legal protection of

the objects of industrial property in the production and

realization of scientific-technica1 developments and in

patent-licensing activity, both on arrangement basis and for

the account of state budget.

The Invention Fund of Turkmenistan carries out the selection

of inventions, industrial patterns for their realization and

acquires the patent-owner rights on the arrangement basis,

paying the author ( oo-authors) lump amount .compensating-

sating the costs on the object realization - not less thaq

20% of profit without counting before payed amounts for

inventions and industrial patterns.

The Invention Fund of Turkmenistan carries on its activity

in accordance with the statute approved by Turkmenpatent.



Section IV. Security Documents and Exclusive Right on the

Use of Objects of Industrial Property and Rationalization

Proposals.



Article 12. Legal Protection of Invention, Industrial

pattern.

1. The right on invention, industrial pattern is certified

with patent or temporary patent. Temporary patent is issued

after preliminary expertise. Patent is issued after making

request expertise regarding the essence.

Temporary patent and patent identify the priority,

authorship and exclusive right on the use of invention,

industrial pattern.

2. Temporary patent on invention, industrial pattern is

valid for five years from the date of request coming in

Turkmenpatent.

The patent on invention is in force for twenty years, on

industrial pattern - not more than ten years from the date

of request coming in Turkmenistan.



Article 13. The exclusive Right on the Use of Invention,

Industrial pattern.

1. Patent possessor has the exclusive right on the me of

invention or industrial pattern protected by patent

temporary patent), on its own .discretion, if such use does

not violate the rights of other patent possessors, including

the right to prohibit the use of mentioned objects by other

persons, besides the cases, when such use according to the

Law is not violation of patent possessors right. The

interrelations regarding the use of object of individual

property, the patent (temporary patent} on which belongs to

severa1 persons, are determined by the arrangement among

them. When the lack of such arrangement each of them can use

protected object at his discretion, but is not entitled to

present the license on it or assign the patent (temporary

patent) to other person without the consent of other owners.

Patent possessor can use warning marking indicating that

utilized objects of industrial property are patented.



2. The product ( article) is recognized to have been

manufactured with the use of patented invention, and the

method protected with patent ( temporary patent) on

invention - applied, if each feature of inventiori included

in independent point of formula or its equivalent feature

has been used in it .

Article is recognized to be manufactured with the use of

patented industrial pattern if it contains all its essential

features.



3. The unsanctioned manufacturing, use, import, offer for

sale, sale, other bringing in economy turnover to the

custody of product for this purpose, containing patented

invention, industrial pattern are recognized to be the

violation of exclusive right of patent possessor and also

the use of method protected with patent (temporary patent)

on invention either bringing in economy turnover or the

custody product for this purpose manufactured immediately in

the way protected with patent ( temporar y patent) on

invention. Moreover, new product is deemed to be got in

patented way when the lack of evidence of the contrary.



4. When .using or partial using invention or industrial

pattern by patent possessor for five years from the date of

date publication on issuing temporary patent, the person,

wishing and being ready to use protected object of

industrial property, in case of patent possessor's surrender

to make licensing arrange-ment, can apply to the Appeal

Commission of . Turkmenistan with the petition to issue him

the forced license. Should the patent possessor have failed

to prove that .using of industrial property object was

caused with valid reasons. the Appeal Commission of

Turkmenpatent grants mentioned license with the

determination of use range, size, periods of payment order.

The amounts of license payments must be established not

below market price of license.



5. Should Patent holder is not able to use an invention and

industrial pattern not violating rights of other patent

holder he is entitled to demand the latter to conclude

license contract.



6. Patent holder may assign obtained patent ( temporary

patent) to any nattual person or entity. Contract on

assignment of patent ( temporary patent) is subject to

registration by Turkmenpatent. Not registered contract is

invalid.



7. Patent ( temporary patent) for invention or industrial

pattern and right thereto are transferable according legacy.



Article 14. Actions being not violation of exclusive rights

of patent holder

The following cases:



· utilization of facilities which includes objects of

industrial properties covered by temporary patents or

patents, in construction or exploitation of transport means

( sea or river vessels, aircraft, inland vehicles and space

ones) of other countries provided the indicated facilities

are temporarily or occasionally located in the territory of

Turkmenistan and used for transport needs. Such actions are

not considered to be breach of exclusive right of patent

holder should transport means are owned by natural person or

entity of the states giving the same rights to Turkmenistan

owners of transport means;

· carrying out scientific research or experiment on

facilities which includes object of industrial

properties;utilization of such facilities under the

extraordinary circumstances ( natural disasters,

catastrophes, accidents) with the following compensation

payable to patent holder;

· single producing medicines ip drag-stores under the

doctor prescription are not recognized as violation of

patent holder's right.



Article 15. The right of preusage.

Any natural person or entity which before the date of

invention or industrial pattern priority, irrespective of

its author, created identical decision to the invention or

industrial pattern and used it in the territory of .

Turkmenistan or made some preparation necessary thereto,

preserves the right on 6uther free utilization of the same

without expanding volume. The right of preusage may be

assigned to natural persons or entities only together with

production line where there was utilized identical decision

or made some preparations necessary thereto



Article 16. Legal protection for trademark.

The right on trademark is justified by Certificate va1id

from the date of enlisting trademark into The State Register

of Turkmenistan, but during no more 10 years. The Trademark

Certificate evidcnces the fact of registration of trademark,

its priority and exclusive right of patent holder to utilize

trademark for labeling goods listed in certificate and

contains a picture of trademark. Validity of the Certificate

on trademark may be extended every time for consequent 10

years under request of its owner provided such request was

submitted to Turkmenpatent during last year of 10 years

period or ( provided payment of additional fee) not 1ater

than six months from the date of expiring previous term.



Article 17. Exclusive right on usage of trademark.

0wner of Trademark Certificate has exclusive right to use

trademark and to dispose it as well as to prohibit its usage

by other persons.

Nobody is entitled to use trademark protected in

Turkmenistan without permission of Trademark Certificate's

owner . The violation of Trademark Certificate owner's

rights are: nonsanctioned actions such as utilization of

trademark in advertisement, press, on sight-board, when

demonstration at exhibition and Fairs held in Turkmenistan,

etc., and import, sale proposal, sale as well as other

putting goods in circulation identified by trademark

protected in Turkmenistan.



Article 18. Legal protection of rationalization proposal.

Author of rationalization proposal wi11 be given certificste

which proves the recognizing proposal, date of its

submission and authorship as well.

Author's right based on rationalization proposal certificate

are valid witching those enterprises which issued the

certificate. Should the certificate was issued by ministry

or other authority author's right are valid at enterprises

subordinated to such ministry or other authority.

Author's rights based on the certificate cover also the

enterprise as well which received rationalization proposal

from enterprise issued the certificate based of contract.



Article 19. Patenting objects of industrial property in

foreign countries.

1. Natural persons and entities of Turkmenistan are

entitled to patent invention, industrial pattern in foreign

countries. Prior to submission of application for invention,

industrial pattern to foreign countries applicant has to

make application on this invention, industrial pattern to

Turkmenpatent and inform of an intention to patent the

invention, industrial pattern overseas. In case there are no

prohibition during three months since the date of receiving

said notification, the application for invention, industrial

pattern may be submitted to foreign countries. Turkmenpatent

is entitled in special cases to permit patenting invention,

overseas before the submission of application in

Turkmenistan.



2. Natural persons and entities of Turkmenistan are entitled

to register trademark in foreign countries or to hold its

international registration. Application for international

registration of trademark wi11 be submitted in accordance

with international treaties where Turkmenistan is involved.



3. Expenses related to patenting said objects of industrial

properties in foreign companies are for account of applicant

or other natural person or entity under agreements with

applicant.



Section V. Taking out of secure docmnents for objects of

industrial property and rationalization proposa1



Article 20. Submission of request on issuing secure

documents.

Request on issuing patent ( temporary patent) for invention

or industrial pattern or trademark certificate will be

submitted to Turkmenpatent.Application on rationalization

proposal will be submitted at the enterprise where it is

proposed to use it.



1. The requirements to documents to be enclosed to the

application on objects of industrial properties are to be

determined by Turkmenpatent, on rationalization proposal -

by the enterprise's administration the following persons:



· author of invention or industrial pattern

· legal heir of author or other natural person or entity

obtained from author or his heir the right on submission of

application on the basis of contract

· employer of author under the conditions specified in

Section 5, Article 9 of this Law, have right-to make

application for patent ( temporary patent) for invention or

industrial pattern.



2. Application for registration of trademark will be

submitted by natural person or entity producing goods or

rendering services.



3. Application for patent ( temporary patent) on invention

will relate to one invention or group of inventions linked

between themselves, so that they create single inventive

idea ( unity of invention requirement).



4. Application for patent ( temporary patent) on

industrial pattern will relate to one industrial pattern and

may include modifications of this industrial pattern ( unity

of industrial pattern requirement).



5. Application for trademark certificate will relate to one

trademark.



6. Application for rationalization proposal will relate to

one decision.



7. Application for issuing secure documents may be submitted

through patent trustee. Turkmenpatent will register patent

trustee, determine their functions.



Article 21. Content of application for patent ( temporary

patent) on invention.

Application for patent (temporary patent) on invention (

hereinafter invention application) will include

· Application for issuing patent (temporary patent)

stating name of author of invention and person(s) on name of

which patent (temporary patent) is requested as well as

place of residence or location;

· description of invention discovering the details

sufficient for implementation;

· formula of invention expressed its essence and fully

based on description;

· drawings and other materials if required for

understanding essence of invention;

The document, confirmed payment of fee in extent to be

determined or evidence of exemption from fee payment or of

decreasing fee amount will be .enclosed to application for

invention



Article 22. Content of application for patent ( temporary

patent) on industrial pattern.

Application for issuing patent ( temporary patent) on

industrial pattern ( hereinafter industrial pattern

application) will include:

Application for issuing patent ( temporary patent) stating

name of author(s) of industrial pattern and person(s) on

name of which patent ( temporary patent) is requested as

well as place of residence or location; set of photos of

article, model or picture, giving the full and detailed

notion of article appearance;

· article general drawing, ergonomic scheme, confection

map if they are required for discovering essence of

industrial pattern;

· description of industrial pattern, including the list

of essential features

The document, confirmed payment of fee in extent to be

determined or evidence of exemption from fee payment or of

decreasing fee amount will be .enclosed to application for

invention



Article 23. Content of application for trademark

certificate.

Application for trademark certificate will include:

· application for registration of symbol as trademark

stating name of applicant and the place of its resident or

location:

· symbol requested and its description;

· list of goods and services to which registration of

trademark is requested according groups of international

classification of goods and services for registration of

marks.

· The document confirmed fee payment in extent to be

determined or evidence of exemption from fee payment or

decreasing fee amount; statute of collective mark in case

application will be submitted for collective mark should be

.enclosed to trademark application.



Article 24. Application for rationalization proposal.

In order to take recognizing of proposal to be .rationalized

author will make written application describing essence of

proposal enclosing drawings, schemes or sketches signed by

author ( co-author) if necessary.

Application for rationalization proposal will be submitted

to those enterprise to which activity this proposal relates

whether author works at this enterprise or not.

Should the proposal may be used at the different enterprises

author is able to apply to ministry or other authority to

which enterprise is subordinated.



Article 25. Priority of invention industrial pattern,

trademark, rationalization proposal.

1. Priority of invention, industrial pattern, trademark will

be established on the date of application for invention,

industrial pattern, trademark in Turkmenistan.

(1) Priority may be established on the date of receiving

additional materials if they are executed as independent

application by applicant, which was submitted before the

expiration of three months period from the date of receiving

notification by applicant from Turkmenpatent of

impossibility to accept additional materials as they was

recognized as modifying the essence of requested decision.

(2) Priority may be set up on the date of more earlier

application described invention or industrial pattern of the

same applicant received by Turkmenpatent provided the

application requested such priority have been received not

later twelve months from the date of receiving more earlier

application for invention and six months from the date of

earlier application for industrial pattern. Priority may be

established on the basis of several earlier submitted

applications under observation of conditions of each one.

Priority may not be established on the date of receiving

application which requested more earlier priority.

(3) Priority of invention under the selected application

will be set up on the date of receiving by Turkmenpatent of

preliminary application described this invention provided

the selected application has been received prior to the

decision on withholding patent under the preliminary

application and when the possibilities to appeal have been

exhausted but in case of granting patent under the said

application before the date of registration of invention in

Turkmenistan Invention Register.

(4) Should there was determined in the process of expertise

that identical objects of industrial property have the same

dates of priority than patent will be issued under the

application which more earlier date of dispatching to

Turkmen-patent was approved and in case of coinciding dates

- under the applications having more earlier registration

number of Turkmenpatent.

(5) Priority of rationalization proposal wi11 be determined

under the date of its receiving by enterprise, and in case

of proposal submitted to ministry or other authority - under

the date of its receiving by the said institution. Priority

will be given to that author who first submitted proposal in

due course even

(6) in the case that initially the proposal was

unreasonably withheld, and that withholding was not appealed

by author.



Article 26. Expertise of application for invention.

1. Upon expiration of two months from the date of

application receiving Turkmenpatent carries out the

preliminary expertise of it. The preliminary expertise can

be started prior to the said period under the written

request of applicant. In this case applicant .forfeits a

right to amend applications. In a course of implementation

of preliminary expertise of application the availability of

necessary documents will be checked up, as well as observing

main requirements and the question will be considered

whether proposal relates to object subjected to legal

protection or not.



2. In case applicant shall have submitted additional

materials to application there will be checked up in the

process of expertise whether they modified the essence of

requested decision or not . Additional materials will change

the essence of requested invention if they ..contain

features to be included in invention formula that were

absent in preliminary materials of application. Additional

materials modified the essence of requested invention are

not taken into account when considering application and may

be executed by applicant in form of independent application.



3. On application the requirements of which execution

were failed the request will be sent to applicant to present

amended or missing documents witching two months from the

date of receiving request. In case applicant shall have not

submitted materials required in due time or request for

extending the term application will be recognized to be

revoked.



4. On application submitted with violation of unity

requirement applicant will be requested to inform during two

months of proposal to be considered and accordingly to

clarify documents of application.

Other proposals included into materials of preliminary

application may be executed as independent applications.

Should such execution shall have been made witching three

months from the date of notification of the necessity to

.divide application, priority of the selected applications

may be established on the date of receiving application by

Turkmenpatent.

In case applicant shall have not informed of proposal to be

considered and shall have not presented clarified documents

during two months from the date of receiving noti5cation on

violation of unity requirement, there will be studed the

object indicated first in formula.



5. If as result of preliminary expertise there will be

determined that application was executed for proposal is not

related to patentable objects than the decision on

withholding patent will be made. Applicant may appeal to

Commission of Appeal of Turkmenistan against the decision on

withholding temporary patent during two months period from

date of decision. Appeal will be considered by the

Commission during two months from the date its receiving .

In case of disagreement with the decision of the Commission

applicant may apply to court.



6. Turkmenpatent on application passed the preliminary

expertise with positive result will grant temporary patent

not later than six months from the of receiving application

by Turkmenpatent.



7. Turkmenpatent will publish the information on application

in official bulletin simultaneously with granting temporary

patent. The content of published information will be

determined by Turkmenpatent . Any person is entitled to

review the application materials upon the publishing

information thereof . The author of invention has the right

to reject to be mentioned as author in published

information.



8. Turkmenpatent will carry out expertise of application

stick to facts under the request of applicant or third

persons to be submitted in any time during five years from

the date of application . Should applicant shall have not

submitted reasonable request for expertise in due period

legal protection for invention under application

will be terminated upon expiration of temporary patent

validity.



9. In the process of expertise of application stick to facts

Turkmenpatent is entitled to request additional materials

from applicant without which to make expertise will be

impossible, including modified formula of invention.

Additional documents under request of expertise will be

submitted during two months period from the date of

receiving request without modification of invention formula.

Additional materials in the part modified the essence of

invention are covered by procedures stipulated in point of

this article.

If as a result of application Turkmenpatent will establish

that the declared proposal in the volume of legal security

requested by applicant corresponds to the terms of

patentability of invention, defined by article 4 of present

Law, the decision to issue a patent is made with formula of

invention offered by the applicant. Upon identifying

noncorrespondence of declared proposal in volume of legal

security requested by applicant with terms of patentability

of invention, a decision is made on waive of issue of

patent.

The applicant may make objection to Turkmenpatent regarding

decision on waive of issue of patent within three months

from the date of its receipt. The objection should

be considered by Appeal committee within four months from

the date of its receipt.



10. Upon disagreement of the applicant with the decision of

Appeal committee of Turkmenistan, he may appeal to the court

within 6 months from the date of its receipt. Decision of

court is a final one.



11. Applicant and third persons may solicit for making

information investigation under accepted application in

order to define the 1evel of machinery in comparison with

which the evaluation of novelty and inventive level of

declared proposal will be made. The order of making such

investigation is defined by Turkmenpatent.



12. The applicant has right to know all materials indicated

in the decision of commission of experts or in the report on

investigation. The copies of patent materials requested by

applicant are sent by Turkmenpatent within one month from

the date of receiving the request with relevant prolongation

of terms set by the present Law for applicants.



13. Terms provided for by this article, besides terms,

defined by section 10 and missed by the applicant may be

reinstated by Turkmenpatent upon confirmation of

availability of valid reasons and payment of duties.

Solicitation for restoration of term can be made by

applicant not later than twelve months from the day of

expiry of missed term.



Article 27. Application examination for industrial pattern

1. Under application for industrial pattern Turkmenpatent

holds preliminary examination and examination in essence.

Upon holding preliminary examination of application for

industrial pattern provisions are applied respectively

contained in the sections 1-7 of article 26 of the present

Law.



2. Upon making examination of application in essence

provisions are applied contained in sections 8, 9, 10, 12

and 13 of Article 26 of this Law.



Article 28. Publication of data on patent

Within six months from the day of making decision on issue

of patent if the payment of the duty is made for issue of

patent Turkmenpatent publishes data about issued patent,

including name of the author (authors), if the latter did

not refuse to be mentioned as such, patent holder, name

and the formula of invention or list significant features of

industrial pattern and its picture. Completeness of

published data is defined by Turkmenpatent



Article 29. Registration of invention, industrial pattern

and issue of patent. Recall of application

1. Together with publication of data on issue of temporary

patent or patent Turkmenpatent enters an invention and

industrial sampIe in to the State register of Turkmenistan

and issues to patent holder respectively temporary patent or

patent.



2. The form of patent, list of included data is set by

Turkmenpatent, approved by the Cabinet of Ministers of

Turkmenistan.



3. Turkmenpatent issues official certificate to the author

of industrial property which confirms his authorship.



4. Under the request of patent holder Turkmenpatent makes

corrections of obvious

and technical mistakes in the issued patent.



5. The applicant has right to recall application prior to

pubHcatioa of data about application for invention,

industrial pattern but not later than the date of their

registration.



Article 30. Examination of application for registration of

trade mark

1. Examination of application for registration of trade mark

(hereafter referred to as application for trade mark) is

efFected by Turkmenpatent and includes preliminary

examination and examination of declared signs in essence.



2. Within two months from the date of application receipt

for trade mark the applicant has right under its own

initiative to clarify and correct materials of application.



3. In the period of making examination of application for

trade mark the applicant may be suggested to make

clarifications or corrections in the application. Under the

request of examination commission additional materials

should be presented within two months from the date of

application receipt. Under the request of applicant the term

may be prolonged if the request was received prior to expiry

of this term. If the applicant violated indicated term or

left thc request of examination commission without reply,

the request is considered recalled and the applicant will be

informed of it.



4. During making preliminary examination the content of the

application and availability of enclosed documents thereto

is checked as well as their correspondence with established

requirements. Under the results of preliminary examination,

the applicant is informed of acceptance of application for

consideration or non acceptance of it for consideration.

Preliminary examination of application is made within one

month from the moment of its receipt by Turkmenpatent.



5. In case of accepting the application for consideration

the applicant is informed of

establishment of priority trade mark.



6. Upon disagreement with the decision of preliminary

examination commission about refusal to accept the

application for consideration, the applicant has right to

make objection to Appeal committee of Turkmenpatent within

two months from the

date of receiving such decision. The objection should be

considered within two months from the date of its receipt.

Decision of Appeal committee will be the final

one.

7. Examination of the application for trade mark in essence

is made upon completion of preliminary examination. During

examination of application for trade mark in

essence, the correspondence of declared sign with terms

defined by article 6 of

present Law is checked. Under the results of examination of

application for trade mark in essence the decision is made

on registration or waive to register the trade.



8. Upon disagreement with decision of examination commission

the applicant has right to make objection to Appeal

commission within three months from the day of receiving

decision. The objection should be considered within four

months from the day of its receipt.



9. Under the request of the Chairman of Turkmenpatent the

decision of Appeal committee may be reconsidered. In this

case the decision of Appeal committee is the

final one.





Article 31. Registration of trade mark. Issue of evidence

1. Turkmenpatent makes registration of trade marks in the

State register of Turkmenistan where the picture of trade

mark, data about the holder of evidence for trade mark, date

of priority, date of its registration, list of goods and

services for which trade mark is registered are entered.

Such other data are also entered into State register of

Turkmenistan which are related to registration of trade

mark, prolongation of validity and cancellation of evidence

for trade mark as well as subsequent changes of these data.



2. Issue of evidence for trade mark is made by Turkmenpatent

on basis of registration

of trade mark within six months after receipt of document on

introduction of established duty.



Article 32. Publication of data on registration of trade

mark

Data related to registration of trade mark and entered into

the State register of Turkmenistan in accordance with

article 31 of present Law are published in the official

bulletin within six months from the date of registration of

trade mark. Also publication is made of all subsequent

changes in data, related to trade mark. Data about

businessmen which have the right to use collective mark are

entered into the State register of Turkmenistan and also

into the evidence for collective mark in addition to data

provided for in Article 31 of present Law. These data as

well as statement from the Statute of collective mark

about common characteristic features of goods and services

for which this mark is registered are published in the

official bulletin by Turkmenpatent.



Article 33. Examination of application for rationalization

proposal

1. Application for rationalization proposal should be

registered then considered within one months and decision

should be made: either to co that this proposal is

rationalization one or to hold good checking or to decline

it. Made decision should be informed to the author.



2. If proposal is connected with making amendments in to

established normative, technical, constructor documentation

it is required to have permission of relative organization.

In these cases certain monthly period is terminated for some

time necessary to receive permission.



3. Decision on proposal is made by the manager of enterprise

or astrators of relative subdivisions which are entrusted to

do it under decree.

Under proposal made by the administrator of the enterprise

the decision is made by technical board of enterprise:

together with local board of inventors and rationalizators.

After making decision on confirming that the proposal is

rationalization, a rationalization certificate will be

given to the author.



4. For consideration of complaints about waive to confirm

that the proposal is rationalization a commission for

rationalization disputes is created which consists of the

representatives of administration and local board of the

Community of inventors and rationalizators. This commission

should consider appea of the author within one month. The

latter has the right to participate in consideration of his

complaint.

Upon disagreement with decision made by .above mentioned

commission the author

has right to appeal to the manager of enterprise.





Section 6. Termination of validity of secured documents



Article 34. Disputing the patent (temporary patent)

1. Patent (temporary patent) during the whole period of its

validity can be disputed and recognized as invalid fully

or partially in case of:

a) noncorrespondence of secured object of industrial

property with terms of patentability, defined by present

Law;

b) availability of sufficient features of industrial

pattern in the formula, features which were absent in the

initials materials of application;

c) noncorrect indication of author (authors) or patent

holder (holders) in the patcnt.



2. Objection against issue of patent on the basis provided

for by the present article, section 1, points a, b should

be considered by Appeal committee of Turkmenpatent within

six months from the date of its receipt, patent holder

should know objection.

The person who makes the objection and patent holder may

participate in itsconsideration. Here the Appeal committee

considers the objection within the

motives contained in it.



3. Upon disagreement with decision of Appeal committee on

objection against issue of patent (temporary patcnt) any of

the parties may make a complaint in the court within six

months from the moment of making decision. Its decision will

be final.



Article 35. Advance termination of patcnt validity

(temporary patent)

1. Validity of patent (temporary patent} is terminated

before the appointed time:

· upon recognition of patent (temporary patent) invalid

completely in accordance with articles 4, 26 of present

Law;

· on the basis of application, made by patent holder to

Turkmenpatent;

· upon nonpayment of duties in proper time for keeping

the patent in force;



2. In the official bulletin Turkmenpatent publishes the data

about advance termination of patent validity (provisional

patent).



Article 36. Termination of validity of evidence for trade

mark

1. The evidence for trade mark may be recognized invalid

fully or partially during the whole period of its validity

if the registration of trade mark was made with violation of

terms provided for by articles 6 and 30 of present Law.



2. At set period any natural person or entity can make

objection to Appeal committee of Turkmenpatent against

issue of evidence for trade mark. Objection against issue of

evidence for trade mark should be considered within six

months from the date of its receipt. Person which makes

objections as well as the holder of evidence for trade mark

has right to participate in the consideration of objection

personally or through its representatives.

Decision of Appeal committee may be reconsidered under the

protest of the Chairman of Turkmenpatent. In this case

decision of Appeal committee will be final.



3. The validity of evidence for trade mark is terminated:

· in connection with expiry of ten year period if the

holder of evidence for trade mark did not make solicitation

on its prolongation provided for by article 16 of present

Law;

· upon recognition of evidence for trade mark invalid in

accordance with present article;

· upon liquidation of entity, holder of evidence for

trade mark;

· on the basis of application of holder of evidence for

trade mark, made to Turkmenpatent;



4. Data on termination of evidence validity for trade mark

is published by Turkmen patent in the official bulletin.





Article 37. Termination of validity of certificate for

rationalization proposal

Certificate for rationalization proposal may be disputed by

natural person or entity and recognized as invalid fully or

partially in case of:

· violation of requirements, defined by present Law for

recognition of proposal as rationalization;

· issue of certificate to the name of person, which has

no priority to this proposal, or noncorrect indication of

author or authors in the certificate.





Article 38. License

l. Any natural person or entity who wishes to use patented

invention, industrial pattern or registered trade mark

should have patent from the holder for invention or

industrial pattern and the license from the holder of

evidence for trade mark. License agreement is concluded for

certain period, subject to registration in Turkmenpatent and

comes into force from the date of its registration. Without

registration the license agreement is considered invalid.



2. The holder of patent (temporary patent) for invention may

ask Turkmenpatent to publish application on giving to any

natural person or entity the right to use invention (open

license). In this case duty for maintenance of patent

(temporary patent) is decreased by 50% beginning from the

year following the year of publication of such

application.

Person who wishes to use indicated invention should conclude

an agreement with patent holder on payments.



3. In the interests of defense of Turkmenistan and for

maintenance of public order the Cabinet of Ministers of

Turkmenistan has the right to permit to use the object of

industrial property without agreement of patent holder with

payment of money compensation, which are comparable with

market price of the license.



4. When issuing the state order to the enterprise on

manufacturing the products with using inventions the patent

(temporary patent) on which belonging to other natural

persons or entities in Turkmenistan and also to foreign

citizens, the body issuing the state order provides the

license acquisition.



Article 39. Collection of duties

For execution of legally important actions connected with

patent (temporary patent) for evidence of trade mark duties

are collected. Duties are paid to Turkmenpatent. List of

actions for fulfillment of which duties are collected, their

sizes and terms of payment as well as basis for payment of

duties, decrease of their sizes are set up by the Cabinet of

Ministers of Turkmenistan.



Section 7. Promotion of creation and usage of objects of

industrial property



Article 40. Privileges on usage of inventions, industrial

patterns protected by patent

Profit (income) and currency earnings which are received by

enterprise-patent holder are subject to taxation in the

following cases:

· in the result of usage of invention in the own

production;

· from sale of license for invention;

· from usage of invention to whioh the license is

purchased;

· from making a new technology with usage of patented

invention;

Forms and sizes of privileges are set up by the Cabinet of

Ministers of Turkmenistan.



Article 41. Right of the authors of inventions, industrial

patterns and rationalization proposal for reward

The authors of inventions and industrial patterns, the

patent to which are issued to employer or its assignee as

well as to the Fund of inventions of Turkmenistan and which

used in public production has right to have reward.

Reward for usage of invention, industrial pattern within

validity of patent is paid to the author by the employer or

its assignee and also by Fund of inventions of Turkmenistan

which are patent holders. Sizes and forms of rewards are set

up by the Cabinet of Ministers of Turkmenistan.

The author (authors) of rationalization proposal has right

for reward within two years from the date of its usage in

the enterprise which issued a certificate to the author for

this rationalization proposal.

Conditions and sizes for rewards are set up by the Cabinet

of Ministers of Turkmenistan.



President of Turkmenistan Saparmurat

Turkmenbashy



Ashgabat, October 1, 1993 867-XII





PATENT LAW



Section 1. General Provisions



Article 1. The Sphere regulated by the Patent Law

The Law regulates property and related private non-property

issues arising in connection with the creation, legal

protection and use of inventions, industrial patterns, trade

marks and service marks (hereafter - the objects of

industrial property), and also issues related to the

recognition of authors rights to a rationalization

proposal.



Article 2. The Patent Department at the Cabinet of Ministers

of Turkmenistan

The Patent Department at the Cabinet of Ministers of

Turkmenistan (hereafter - Turkmenpatent) in accordance with

the present Law accepts for consideration the application

for the objects of industrial property, carries out

expertise, issues the patents (temporary patents),

certificates, makes official publications of protective

documents and performs other related functions according to

the regulations passed by the Cabinet of Ministers of

Turkmenistan.



Article 3. The 0bjects of Industrial Property,

Rationalization Proposals and their Legal Protection

1. According to the Law inventions, industrial patterns,

trade marks and service marks are objects of industrial

property, for which have been requested and obtained the

legal protection in Turkmenistan in the form of a patent,

temporary patent (on invention and industrial pattern) and

certificates (on trade marks and service marks) issued by

Turkmenpatent.

Rationalization Proposals get legal protection in the form

of a certificate on a rationalization proposal in an

enterprise, an institution or organisation (hereafter -

enterprise) where it was recognized as a rationalization

proposal.

2. The right on the objects of industrial property as well

as rationalization proposals is protected by law. In

Turkmenistan natural persons and entities are entitled to

legal protection of inventions, industrial patterns, trade

marks and service marks.

3. Legal protection in accordance with the Law is not

granted to the objects of industrial property under state

secrets. The procedure of applying for inventions and

industrial patterns under secrets is subject to special

legislation.

4. Foreign natural persons and entities have the same rights

under the Law and other acts of Turkmenistan s legislation

as natural persons and entities of Turkmenistan concerning

the protection of objects of industrial property under

international agreements of Turkmenistan.

5. Should international agreements of Turkmenistan stipulate

other rules than those in the Law, the rules of

international agreements shall apply.



Section 2. The Conditions of Patentability



Article 4. The Conditions of Patentability of an Invention

1. The technical solution of a task, being new, useful and

having invention level, is recognized as an invention.

An invention is recognized to be new if it is not a part of

an achieved level of science and technology.

The level of science and .technology is determined by using

all information sources available in Turkmenistan and abroad

up to the date of invention priority.

An invention is recognized to be useful if it provides a new

and higher result which the society obtains when using the

invention in comparison with the known level of science and

.tecbnology. Invention has the level of invention, if for a

specialist it does in this work-aspect not result from the

level of science and .technology.



2. The objects of invention are:

· devices;

· processes;

· substances;

· microorganic strains;

· cell cultures of plants and animals;

· the use of a known device, process, substance, strain

in a new application.



3. Not recognized to be patentable are inventions of:

· scientific theories;

· mathematic methods;

· methods of organization and management in the economy;

· conventional signs, schedules, rules;

· methods of performing mental processes;

· algorithms and programs for calculating mashines;

· standardization of integrated microschemes;

· projects and schemes for the planning of facilities,

buildings, territories;

· varieties of plants and breeds of animals;

· proposals regarding only external decoration of

articles and aimed at meeting aesthetic requirements;

· solutions contradicting social interests, principles of

humanity and morality.



4. The public revelation of information regarding invention

by an applicant (author) or other person directly or

indirectly receiving from him this information, is not

recognized as the circumstance affecting invention

patentability, if the request for the invention is made not

later than 12 months from the date of revelation.

The burdon of proof for this fact bears the applicant.



Article 5. The Conditions of Patentability of Industrial

Pattern.

1. Concerning an industrial pattern, the artistic-

constructive solution of a work is determined by its

external appearance.

An industrial pattern is provided with legal protection if

it is new, original and industrially acceptable.

An industrial pattern is recognized to be new, if the entire

material appearance composing the aesthetic and (or)

ergonomical features of a work, is not known from

information generally available in the world up to the date

of industrial pattern priority.

When determining the newness of an industrial pattern there

are to be considered earlier applications in Turkmenistan,

filed by other persons and not recalled, on the same

industrial patterns, and also industrial pattern patented in

Turkmenistan.

An industrial pattern is recognized to be original if

essential features constitute the creative character of

aesthetic peculiarities of a work.

Industrial pattern is recognized to be industrially

acceptable if it can be repeatedly produced in the way of

producing corresponding goods.



2. Not recognized to be patentable solutions for industrial

patterns are:



· constituting only a technical function of a work;

· contained in objects of architecture (except small

architectural forms), industrial, hydrotechnical and other

stationary plants;

· printing production as such;

· objects of unstable forms from liquids, gas, granular

and similar substances;

· contradicting to public interests, the principles of

humanity and morality.



3. The public revelation of information of an industrial

pattern by an applicant (author) or other person directly or

indirectly receiving from him this information is not

recognized as a circumstance affecting industrial pattern

patentability, if the request for the industrial pattern is

made not later than 6 months from the date of revelation.

The burdon of proof for this fact bears the applicant.



Article 6. The Conditions of Protectability of Trade Marks

and Service Marks

1. A trade mark and service mark (hereafter referred to as -

trade mark - signs providing relatively the difference of

goods and services of one entities or natural persons from

the same type of goods and services (hereafter referred to

as -goods) of other entities or natural persons.

2. Legal protection for trade mark in Turkmenistan is

provided on the basis of state registration in the order

established by the Law or in the force of international

agreements of Turkmenistan.

Trade mark may be registered in the name of entity and

natural person as well carrying on the business activities.



3. Verbal, graphic, volume and other signs or their

combinations may be registered as the trade marks. Trade

mark may be registered in any color or color combination.



4. There is not permitted the registration of trade marks

consisting only of the signs:



· having no features of difference;

· preventing themselves state emblems, flags and

contracted or full names of international, intergovernmenta1

institutions official control, guarantee and hall marks,

stamps, award decorations and other signs may be included as

non-protected elements in trade mark if there is the consent

of relative competent body or their owner;

· entered into general use as the signs of certain type

goods;

· being universally adopted symbols and terms;

· indicating type, quality, quantity, specifications,

industrial patternation, value of goods and also the place

and time of their manufacturing or supply;

· being false or capable to delude a consumer regarding

goods, service or the production;

· contradicting in its content, to the public interests,

the principles of humanity and morality.



5. There can not be registered as trade marks, the signs,

before their mixture, being identical with or similar to:



· the trade marks before registered or requested for

registration in Turkmenistan in the name of other person, in

the respect of the same type goods; the trade marks of other

persons, protected in Turkmenistan on the basis of

international agreements;

· the firm titles (or their part) following to other

persons got the right on these titles before the request on

trade mark in the request of the same type goods;

· the place names of goods origin protected in

Turkmenistan, besides the cases when they are included as

non-protected element in trade mark being registered in the

name of person being entitled to use such a title.



6. The signs are not registered as trade marks which

reproduce:



· the industrial patterns, the right on which belongs to

other person in Turkmenistan;

· the names of known in Turkmenistan works of science,

literature and art or the quotation from them, the works of

art of fragments without the consent of copyright owner or

corresponding competent body.





Article 7. The Conditions of Rationalization Proposal

Protectability

1. Proposal is recognized to be rational if being new or

useful for enterprise which it was made to and foreseeing

creation or changing the construction of article, the

technology of production and techniques used or composition

of material.

Rationalization proposal is new for an enterprise which it

was made to it according to the sources of information

available at the enterprise, this or similar to made

proposal was not known to the extent being enough for its

practical utilization. Its use under the author's initiative

in the course of not more than three months prior to

application lodging, is not recognized as the circumstances

affecting the newness of rationalization proposal.

Rationalization proposa1 is useful for enterprise which it

was made to if its use allows to increase economic

efficiency of enterprise or gain new positive effect in its

activity.



2. The proposals are not recognized to be rational which

reduce the safety and other indicators of product quality or

worsen the labor conditions, work quality and also cause or

increase environment pollution.



Section III. The authors and owners of Security Documents.



Article 8. The author of invention ( industrial pattern,

rationalization proposal).

The author of invention ( industrial pattern,

rationalization proposal is recognized to be natural person

due to the creative work of whom it has been made. If

invention ( industrial pattern, rationalization proposal)

has been made with joint creative work of several natural

persons, all of them are recognized to be the co-authors.

The procedure of exercising the rights on the invention (

industrial pattern, rationalization proposa1) created in

collaboration, is defined with the agreement among them. The

natural persons are not recognized as the authors, who did

not make personal creative contribution in the creation of

invention ( industrial pattern, rationalization proposa1)

delivering the author only technical, administrative or

material assistance or promoting to draw up the rights on

invention ( industrial pattern, rationalization proposal)

and its utilization.

The author of invention ( industrial pattern,

rationalization proposal) has the copyright which is

inalienable personal right.

The authorship an invention (industrial pattern,

rationalization proposal) is protected permanently.



Article 9. The Owner of Patent ( temporary patent) on

Invention, Industrial pattern.

The owner- of patent ( temporary patent) on invention or

industrial pattern are:



· author ( co-author);

· heir ( heirs) of author ( co-author);

· Turkmer6stan Fund of Invention if author ( co-authors)

assign it the exclusive right on the patent use;

· employer if between the author ( co-author) of

invention or industrial pattern and employer there was made

the agreement on the author's ( co-author's) assignment of

the right on the patent ( temporary patent).



In this case the author ( co-author) is entitled to use the

invention or industrial pattern. in his own production.

Should above mentioned agreement between the author ( co-

author) a .and employer has not been made or the employer

has not made the request for issuing the patent ( temporary

patent) within three months period after written

notification by the author ( co- author) on the invention

created by him or industrial pattern, the right on obtaining

the patent ( temporary patent) is reserved for the author (

co-authors).

The employer has the right to use this invention or

industrial pattern under conditions coming from the

licensing arrangement, other natural person or entity, to

author ( co-authors) assigned under the agreement, the right

on obtaining the patent ( temporary patent) before the

object being inserted in the state Register of Turkmenistan.



Article 10. The Owner of Certificate on Trademark.

The owner of certificate on trademark can be natural person

or entity carrying on business, and also association of

enterprises delivering goods and services having general

characteristic features .

Article 11. The Invention Fund of Turkmenistan.

The Invention Fund of Turkmenistan established at

Turkmcnpatent promotes natural persons and entities in

protecting their interests regarding the legal protection of

the objects of industrial property in the production and

realization of scientific-technica1 developments and in

patent-licensing activity, both on arrangement basis and for

the account of state budget.

The Invention Fund of Turkmenistan carries out the selection

of inventions, industrial patterns for their realization and

acquires the patent-owner rights on the arrangement basis,

paying the author ( oo-authors) lump amount .compensating-

sating the costs on the object realization - not less thaq

20% of profit without counting before payed amounts for

inventions and industrial patterns.

The Invention Fund of Turkmenistan carries on its activity

in accordance with the statute approved by Turkmenpatent.



Section IV. Security Documents and Exclusive Right on the

Use of Objects of Industrial Property and Rationalization

Proposals.



Article 12. Legal Protection of Invention, Industrial

pattern.

1. The right on invention, industrial pattern is certified

with patent or temporary patent. Temporary patent is issued

after preliminary expertise. Patent is issued after making

request expertise regarding the essence.

Temporary patent and patent identify the priority,

authorship and exclusive right on the use of invention,

industrial pattern.

2. Temporary patent on invention, industrial pattern is

valid for five years from the date of request coming in

Turkmenpatent.

The patent on invention is in force for twenty years, on

industrial pattern - not more than ten years from the date

of request coming in Turkmenistan.



Article 13. The exclusive Right on the Use of Invention,

Industrial pattern.

1. Patent possessor has the exclusive right on the me of

invention or industrial pattern protected by patent

temporary patent), on its own .discretion, if such use does

not violate the rights of other patent possessors, including

the right to prohibit the use of mentioned objects by other

persons, besides the cases, when such use according to the

Law is not violation of patent possessors right. The

interrelations regarding the use of object of individual

property, the patent (temporary patent} on which belongs to

severa1 persons, are determined by the arrangement among

them. When the lack of such arrangement each of them can use

protected object at his discretion, but is not entitled to

present the license on it or assign the patent (temporary

patent) to other person without the consent of other owners.

Patent possessor can use warning marking indicating that

utilized objects of industrial property are patented.



2. The product ( article) is recognized to have been

manufactured with the use of patented invention, and the

method protected with patent ( temporary patent) on

invention - applied, if each feature of inventiori included

in independent point of formula or its equivalent feature

has been used in it .

Article is recognized to be manufactured with the use of

patented industrial pattern if it contains all its essential

features.



3. The unsanctioned manufacturing, use, import, offer for

sale, sale, other bringing in economy turnover to the

custody of product for this purpose, containing patented

invention, industrial pattern are recognized to be the

violation of exclusive right of patent possessor and also

the use of method protected with patent (temporary patent)

on invention either bringing in economy turnover or the

custody product for this purpose manufactured immediately in

the way protected with patent ( temporar y patent) on

invention. Moreover, new product is deemed to be got in

patented way when the lack of evidence of the contrary.



4. When .using or partial using invention or industrial

pattern by patent possessor for five years from the date of

date publication on issuing temporary patent, the person,

wishing and being ready to use protected object of

industrial property, in case of patent possessor's surrender

to make licensing arrange-ment, can apply to the Appeal

Commission of . Turkmenistan with the petition to issue him

the forced license. Should the patent possessor have failed

to prove that .using of industrial property object was

caused with valid reasons. the Appeal Commission of

Turkmenpatent grants mentioned license with the

determination of use range, size, periods of payment order.

The amounts of license payments must be established not

below market price of license.



5. Should Patent holder is not able to use an invention and

industrial pattern not violating rights of other patent

holder he is entitled to demand the latter to conclude

license contract.



6. Patent holder may assign obtained patent ( temporary

patent) to any nattual person or entity. Contract on

assignment of patent ( temporary patent) is subject to

registration by Turkmenpatent. Not registered contract is

invalid.



7. Patent ( temporary patent) for invention or industrial

pattern and right thereto are transferable according legacy.



Article 14. Actions being not violation of exclusive rights

of patent holder

The following cases:



· utilization of facilities which includes objects of

industrial properties covered by temporary patents or

patents, in construction or exploitation of transport means

( sea or river vessels, aircraft, inland vehicles and space

ones) of other countries provided the indicated facilities

are temporarily or occasionally located in the territory of

Turkmenistan and used for transport needs. Such actions are

not considered to be breach of exclusive right of patent

holder should transport means are owned by natural person or

entity of the states giving the same rights to Turkmenistan

owners of transport means;

· carrying out scientific research or experiment on

facilities which includes object of industrial

properties;utilization of such facilities under the

extraordinary circumstances ( natural disasters,

catastrophes, accidents) with the following compensation

payable to patent holder;

· single producing medicines ip drag-stores under the

doctor prescription are not recognized as violation of

patent holder's right.



Article 15. The right of preusage.

Any natural person or entity which before the date of

invention or industrial pattern priority, irrespective of

its author, created identical decision to the invention or

industrial pattern and used it in the territory of .

Turkmenistan or made some preparation necessary thereto,

preserves the right on 6uther free utilization of the same

without expanding volume. The right of preusage may be

assigned to natural persons or entities only together with

production line where there was utilized identical decision

or made some preparations necessary thereto



Article 16. Legal protection for trademark.

The right on trademark is justified by Certificate va1id

from the date of enlisting trademark into The State Register

of Turkmenistan, but during no more 10 years. The Trademark

Certificate evidcnces the fact of registration of trademark,

its priority and exclusive right of patent holder to utilize

trademark for labeling goods listed in certificate and

contains a picture of trademark. Validity of the Certificate

on trademark may be extended every time for consequent 10

years under request of its owner provided such request was

submitted to Turkmenpatent during last year of 10 years

period or ( provided payment of additional fee) not 1ater

than six months from the date of expiring previous term.



Article 17. Exclusive right on usage of trademark.

0wner of Trademark Certificate has exclusive right to use

trademark and to dispose it as well as to prohibit its usage

by other persons.

Nobody is entitled to use trademark protected in

Turkmenistan without permission of Trademark Certificate's

owner . The violation of Trademark Certificate owner's

rights are: nonsanctioned actions such as utilization of

trademark in advertisement, press, on sight-board, when

demonstration at exhibition and Fairs held in Turkmenistan,

etc., and import, sale proposal, sale as well as other

putting goods in circulation identified by trademark

protected in Turkmenistan.



Article 18. Legal protection of rationalization proposal.

Author of rationalization proposal wi11 be given certificste

which proves the recognizing proposal, date of its

submission and authorship as well.

Author's right based on rationalization proposal certificate

are valid witching those enterprises which issued the

certificate. Should the certificate was issued by ministry

or other authority author's right are valid at enterprises

subordinated to such ministry or other authority.

Author's rights based on the certificate cover also the

enterprise as well which received rationalization proposal

from enterprise issued the certificate based of contract.



Article 19. Patenting objects of industrial property in

foreign countries.

2. Natural persons and entities of Turkmenistan are

entitled to patent invention, industrial pattern in foreign

countries. Prior to submission of application for invention,

industrial pattern to foreign countries applicant has to

make application on this invention, industrial pattern to

Turkmenpatent and inform of an intention to patent the

invention, industrial pattern overseas. In case there are no

prohibition during three months since the date of receiving

said notification, the application for invention, industrial

pattern may be submitted to foreign countries. Turkmenpatent

is entitled in special cases to permit patenting invention,

overseas before the submission of application in

Turkmenistan.



2. Natural persons and entities of Turkmenistan are entitled

to register trademark in foreign countries or to hold its

international registration. Application for international

registration of trademark wi11 be submitted in accordance

with international treaties where Turkmenistan is involved.



3. Expenses related to patenting said objects of industrial

properties in foreign companies are for account of applicant

or other natural person or entity under agreements with

applicant.



Section V. Taking out of secure docmnents for objects of

industrial property and rationalization proposa1



Article 20. Submission of request on issuing secure

documents.

Request on issuing patent ( temporary patent) for invention

or industrial pattern or trademark certificate will be

submitted to Turkmenpatent.Application on rationalization

proposal will be submitted at the enterprise where it is

proposed to use it.



1. The requirements to documents to be enclosed to the

application on objects of industrial properties are to be

determined by Turkmenpatent, on rationalization proposal -

by the enterprise's administration the following persons:



· author of invention or industrial pattern

· legal heir of author or other natural person or entity

obtained from author or his heir the right on submission of

application on the basis of contract

· employer of author under the conditions specified in

Section 5, Article 9 of this Law, have right-to make

application for patent ( temporary patent) for invention or

industrial pattern.



2. Application for registration of trademark will be

submitted by natural person or entity producing goods or

rendering services.



3. Application for patent ( temporary patent) on invention

will relate to one invention or group of inventions linked

between themselves, so that they create single inventive

idea ( unity of invention requirement).



5. Application for patent ( temporary patent) on

industrial pattern will relate to one industrial pattern and

may include modifications of this industrial pattern ( unity

of industrial pattern requirement).



5. Application for trademark certificate will relate to one

trademark.



6. Application for rationalization proposal will relate to

one decision.



7. Application for issuing secure documents may be submitted

through patent trustee. Turkmenpatent will register patent

trustee, determine their functions.



Article 21. Content of application for patent ( temporary

patent) on invention.

Application for patent (temporary patent) on invention (

hereinafter invention application) will include

· Application for issuing patent (temporary patent)

stating name of author of invention and person(s) on name of

which patent (temporary patent) is requested as well as

place of residence or location;

· description of invention discovering the details

sufficient for implementation;

· formula of invention expressed its essence and fully

based on description;

· drawings and other materials if required for

understanding essence of invention;

The document, confirmed payment of fee in extent to be

determined or evidence of exemption from fee payment or of

decreasing fee amount will be .enclosed to application for

invention



Article 22. Content of application for patent ( temporary

patent) on industrial pattern.

Application for issuing patent ( temporary patent) on

industrial pattern ( hereinafter industrial pattern

application) will include:

Application for issuing patent ( temporary patent) stating

name of author(s) of industrial pattern and person(s) on

name of which patent ( temporary patent) is requested as

well as place of residence or location; set of photos of

article, model or picture, giving the full and detailed

notion of article appearance;

· article general drawing, ergonomic scheme, confection

map if they are required for discovering essence of

industrial pattern;

· description of industrial pattern, including the list

of essential features

The document, confirmed payment of fee in extent to be

determined or evidence of exemption from fee payment or of

decreasing fee amount will be .enclosed to application for

invention



Article 23. Content of application for trademark

certificate.

Application for trademark certificate will include:

· application for registration of symbol as trademark

stating name of applicant and the place of its resident or

location:

· symbol requested and its description;

· list of goods and services to which registration of

trademark is requested according groups of international

classification of goods and services for registration of

marks.

· The document confirmed fee payment in extent to be

determined or evidence of exemption from fee payment or

decreasing fee amount; statute of collective mark in case

application will be submitted for collective mark should be

.enclosed to trademark application.



Article 24. Application for rationalization proposal.

In order to take recognizing of proposal to be .rationalized

author will make written application describing essence of

proposal enclosing drawings, schemes or sketches signed by

author ( co-author) if necessary.

Application for rationalization proposal will be submitted

to those enterprise to which activity this proposal relates

whether author works at this enterprise or not.

Should the proposal may be used at the different enterprises

author is able to apply to ministry or other authority to

which enterprise is subordinated.



Article 25. Priority of invention industrial pattern,

trademark, rationalization proposal.

1. Priority of invention, industrial pattern, trademark will

be established on the date of application for invention,

industrial pattern, trademark in Turkmenistan.

(7) Priority may be established on the date of receiving

additional materials if they are executed as independent

application by applicant, which was submitted before the

expiration of three months period from the date of receiving

notification by applicant from Turkmenpatent of

impossibility to accept additional materials as they was

recognized as modifying the essence of requested decision.

(8) Priority may be set up on the date of more earlier

application described invention or industrial pattern of the

same applicant received by Turkmenpatent provided the

application requested such priority have been received not

later twelve months from the date of receiving more earlier

application for invention and six months from the date of

earlier application for industrial pattern. Priority may be

established on the basis of several earlier submitted

applications under observation of conditions of each one.

Priority may not be established on the date of receiving

application which requested more earlier priority.

(9) Priority of invention under the selected application

will be set up on the date of receiving by Turkmenpatent of

preliminary application described this invention provided

the selected application has been received prior to the

decision on withholding patent under the preliminary

application and when the possibilities to appeal have been

exhausted but in case of granting patent under the said

application before the date of registration of invention in

Turkmenistan Invention Register.

(10) Should there was determined in the process of expertise

that identical objects of industrial property have the same

dates of priority than patent will be issued under the

application which more earlier date of dispatching to

Turkmen-patent was approved and in case of coinciding dates

- under the applications having more earlier registration

number of Turkmenpatent.

(11) Priority of rationalization proposal wi11 be determined

under the date of its receiving by enterprise, and in case

of proposal submitted to ministry or other authority - under

the date of its receiving by the said institution. Priority

will be given to that author who first submitted proposal in

due course even

(12) in the case that initially the proposal was

unreasonably withheld, and that withholding was not appealed

by author.



Article 26. Expertise of application for invention.

2. Upon expiration of two months from the date of

application receiving Turkmenpatent carries out the

preliminary expertise of it. The preliminary expertise can

be started prior to the said period under the written

request of applicant. In this case applicant .forfeits a

right to amend applications. In a course of implementation

of preliminary expertise of application the availability of

necessary documents will be checked up, as well as observing

main requirements and the question will be considered

whether proposal relates to object subjected to legal

protection or not.



2. In case applicant shall have submitted additional

materials to application there will be checked up in the

process of expertise whether they modified the essence of

requested decision or not . Additional materials will change

the essence of requested invention if they ..contain

features to be included in invention formula that were

absent in preliminary materials of application. Additional

materials modified the essence of requested invention are

not taken into account when considering application and may

be executed by applicant in form of independent application.



4. On application the requirements of which execution

were failed the request will be sent to applicant to present

amended or missing documents witching two months from the

date of receiving request. In case applicant shall have not

submitted materials required in due time or request for

extending the term application will be recognized to be

revoked.



4. On application submitted with violation of unity

requirement applicant will be requested to inform during two

months of proposal to be considered and accordingly to

clarify documents of application.

Other proposals included into materials of preliminary

application may be executed as independent applications.

Should such execution shall have been made witching three

months from the date of notification of the necessity to

.divide application, priority of the selected applications

may be established on the date of receiving application by

Turkmenpatent.

In case applicant shall have not informed of proposal to be

considered and shall have not presented clarified documents

during two months from the date of receiving noti5cation on

violation of unity requirement, there will be studed the

object indicated first in formula.



5. If as result of preliminary expertise there will be

determined that application was executed for proposal is not

related to patentable objects than the decision on

withholding patent will be made. Applicant may appeal to

Commission of Appeal of Turkmenistan against the decision on

withholding temporary patent during two months period from

date of decision. Appeal will be considered by the

Commission during two months from the date its receiving .

In case of disagreement with the decision of the Commission

applicant may apply to court.



6. Turkmenpatent on application passed the preliminary

expertise with positive result will grant temporary patent

not later than six months from the of receiving application

by Turkmenpatent.



7. Turkmenpatent will publish the information on application

in official bulletin simultaneously with granting temporary

patent. The content of published information will be

determined by Turkmenpatent . Any person is entitled to

review the application materials upon the publishing

information thereof . The author of invention has the right

to reject to be mentioned as author in published

information.



8. Turkmenpatent will carry out expertise of application

stick to facts under the request of applicant or third

persons to be submitted in any time during five years from

the date of application . Should applicant shall have not

submitted reasonable request for expertise in due period

legal protection for invention under application

will be terminated upon expiration of temporary patent

validity.



9. In the process of expertise of application stick to facts

Turkmenpatent is entitled to request additional materials

from applicant without which to make expertise will be

impossible, including modified formula of invention.

Additional documents under request of expertise will be

submitted during two months period from the date of

receiving request without modification of invention formula.

Additional materials in the part modified the essence of

invention are covered by procedures stipulated in point of

this article.

If as a result of application Turkmenpatent will establish

that the declared proposal in the volume of legal security

requested by applicant corresponds to the terms of

patentability of invention, defined by article 4 of present

Law, the decision to issue a patent is made with formula of

invention offered by the applicant. Upon identifying

noncorrespondence of declared proposal in volume of legal

security requested by applicant with terms of patentability

of invention, a decision is made on waive of issue of

patent.

The applicant may make objection to Turkmenpatent regarding

decision on waive of issue of patent within three months

from the date of its receipt. The objection should

be considered by Appeal committee within four months from

the date of its receipt.



10. Upon disagreement of the applicant with the decision of

Appeal committee of Turkmenistan, he may appeal to the court

within 6 months from the date of its receipt. Decision of

court is a final one.



11. Applicant and third persons may solicit for making

information investigation under accepted application in

order to define the 1evel of machinery in comparison with

which the evaluation of novelty and inventive level of

declared proposal will be made. The order of making such

investigation is defined by Turkmenpatent.



12. The applicant has right to know all materials indicated

in the decision of commission of experts or in the report on

investigation. The copies of patent materials requested by

applicant are sent by Turkmenpatent within one month from

the date of receiving the request with relevant prolongation

of terms set by the present Law for applicants.



13. Terms provided for by this article, besides terms,

defined by section 10 and missed by the applicant may be

reinstated by Turkmenpatent upon confirmation of

availability of valid reasons and payment of duties.

Solicitation for restoration of term can be made by

applicant not later than twelve months from the day of

expiry of missed term.



Article 27. Application examination for industrial pattern

1. Under application for industrial pattern Turkmenpatent

holds preliminary examination and examination in essence.

Upon holding preliminary examination of application for

industrial pattern provisions are applied respectively

contained in the sections 1-7 of article 26 of the present

Law.



2. Upon making examination of application in essence

provisions are applied contained in sections 8, 9, 10, 12

and 13 of Article 26 of this Law.



Article 28. Publication of data on patent

Within six months from the day of making decision on issue

of patent if the payment of the duty is made for issue of

patent Turkmenpatent publishes data about issued patent,

including name of the author (authors), if the latter did

not refuse to be mentioned as such, patent holder, name

and the formula of invention or list significant features of

industrial pattern and its picture. Completeness of

published data is defined by Turkmenpatent



Article 29. Registration of invention, industrial pattern

and issue of patent. Recall of application

1. Together with publication of data on issue of temporary

patent or patent Turkmenpatent enters an invention and

industrial sampIe in to the State register of Turkmenistan

and issues to patent holder respectively temporary patent or

patent.



2. The form of patent, list of included data is set by

Turkmenpatent, approved by the Cabinet of Ministers of

Turkmenistan.



3. Turkmenpatent issues official certificate to the author

of industrial property which confirms his authorship.



4. Under the request of patent holder Turkmenpatent makes

corrections of obvious

and technical mistakes in the issued patent.



5. The applicant has right to recall application prior to

pubHcatioa of data about application for invention,

industrial pattern but not later than the date of their

registration.



Article 30. Examination of application for registration of

trade mark

1. Examination of application for registration of trade mark

(hereafter referred to as application for trade mark) is

efFected by Turkmenpatent and includes preliminary

examination and examination of declared signs in essence.



2. Within two months from the date of application receipt

for trade mark the applicant has right under its own

initiative to clarify and correct materials of application.



3. In the period of making examination of application for

trade mark the applicant may be suggested to make

clarifications or corrections in the application. Under the

request of examination commission additional materials

should be presented within two months from the date of

application receipt. Under the request of applicant the term

may be prolonged if the request was received prior to expiry

of this term. If the applicant violated indicated term or

left thc request of examination commission without reply,

the request is considered recalled and the applicant will be

informed of it.



4. During making preliminary examination the content of the

application and availability of enclosed documents thereto

is checked as well as their correspondence with established

requirements. Under the results of preliminary examination,

the applicant is informed of acceptance of application for

consideration or non acceptance of it for consideration.

Preliminary examination of application is made within one

month from the moment of its receipt by Turkmenpatent.



5. In case of accepting the application for consideration

the applicant is informed of

establishment of priority trade mark.



6. Upon disagreement with the decision of preliminary

examination commission about refusal to accept the

application for consideration, the applicant has right to

make objection to Appeal committee of Turkmenpatent within

two months from the

date of receiving such decision. The objection should be

considered within two months from the date of its receipt.

Decision of Appeal committee will be the final

one.

7. Examination of the application for trade mark in essence

is made upon completion of preliminary examination. During

examination of application for trade mark in

essence, the correspondence of declared sign with terms

defined by article 6 of

present Law is checked. Under the results of examination of

application for trade mark in essence the decision is made

on registration or waive to register the trade.



8. Upon disagreement with decision of examination commission

the applicant has right to make objection to Appeal

commission within three months from the day of receiving

decision. The objection should be considered within four

months from the day of its receipt.



9. Under the request of the Chairman of Turkmenpatent the

decision of Appeal committee may be reconsidered. In this

case the decision of Appeal committee is the

final one.





Article 31. Registration of trade mark. Issue of evidence

1. Turkmenpatent makes registration of trade marks in the

State register of Turkmenistan where the picture of trade

mark, data about the holder of evidence for trade mark, date

of priority, date of its registration, list of goods and

services for which trade mark is registered are entered.

Such other data are also entered into State register of

Turkmenistan which are related to registration of trade

mark, prolongation of validity and cancellation of evidence

for trade mark as well as subsequent changes of these data.



2. Issue of evidence for trade mark is made by Turkmenpatent

on basis of registration

of trade mark within six months after receipt of document on

introduction of established duty.



Article 32. Publication of data on registration of trade

mark

Data related to registration of trade mark and entered into

the State register of Turkmenistan in accordance with

article 31 of present Law are published in the official

bulletin within six months from the date of registration of

trade mark. Also publication is made of all subsequent

changes in data, related to trade mark. Data about

businessmen which have the right to use collective mark are

entered into the State register of Turkmenistan and also

into the evidence for collective mark in addition to data

provided for in Article 31 of present Law. These data as

well as statement from the Statute of collective mark

about common characteristic features of goods and services

for which this mark is registered are published in the

official bulletin by Turkmenpatent.



Article 33. Examination of application for rationalization

proposal

1. Application for rationalization proposal should be

registered then considered within one months and decision

should be made: either to co that this proposal is

rationalization one or to hold good checking or to decline

it. Made decision should be informed to the author.



2. If proposal is connected with making amendments in to

established normative, technical, constructor documentation

it is required to have permission of relative organization.

In these cases certain monthly period is terminated for some

time necessary to receive permission.



3. Decision on proposal is made by the manager of enterprise

or astrators of relative subdivisions which are entrusted to

do it under decree.

Under proposal made by the administrator of the enterprise

the decision is made by technical board of enterprise:

together with local board of inventors and rationalizators.

After making decision on confirming that the proposal is

rationalization, a rationalization certificate will be

given to the author.



4. For consideration of complaints about waive to confirm

that the proposal is rationalization a commission for

rationalization disputes is created which consists of the

representatives of administration and local board of the

Community of inventors and rationalizators. This commission

should consider appea of the author within one month. The

latter has the right to participate in consideration of his

complaint.

Upon disagreement with decision made by .above mentioned

commission the author

has right to appeal to the manager of enterprise.





Section 6. Termination of validity of secured documents



Article 34. Disputing the patent (temporary patent)

1. Patent (temporary patent) during the whole period of its

validity can be disputed and recognized as invalid fully

or partially in case of:

d) noncorrespondence of secured object of industrial

property with terms of patentability, defined by present

Law;

e) availability of sufficient features of industrial

pattern in the formula, features which were absent in the

initials materials of application;

f) noncorrect indication of author (authors) or patent

holder (holders) in the patcnt.



2. Objection against issue of patent on the basis provided

for by the present article, section 1, points a, b should

be considered by Appeal committee of Turkmenpatent within

six months from the date of its receipt, patent holder

should know objection.

The person who makes the objection and patent holder may

participate in itsconsideration. Here the Appeal committee

considers the objection within the

motives contained in it.



3. Upon disagreement with decision of Appeal committee on

objection against issue of patent (temporary patcnt) any of

the parties may make a complaint in the court within six

months from the moment of making decision. Its decision will

be final.



Article 35. Advance termination of patcnt validity

(temporary patent)

1. Validity of patent (temporary patent} is terminated

before the appointed time:

· upon recognition of patent (temporary patent) invalid

completely in accordance with articles 4, 26 of present

Law;

· on the basis of application, made by patent holder to

Turkmenpatent;

· upon nonpayment of duties in proper time for keeping

the patent in force;



2. In the official bulletin Turkmenpatent publishes the data

about advance termination of patent validity (provisional

patent).



Article 36. Termination of validity of evidence for trade

mark

1. The evidence for trade mark may be recognized invalid

fully or partially during the whole period of its validity

if the registration of trade mark was made with violation of

terms provided for by articles 6 and 30 of present Law.



2. At set period any natural person or entity can make

objection to Appeal committee of Turkmenpatent against

issue of evidence for trade mark. Objection against issue of

evidence for trade mark should be considered within six

months from the date of its receipt. Person which makes

objections as well as the holder of evidence for trade mark

has right to participate in the consideration of objection

personally or through its representatives.

Decision of Appeal committee may be reconsidered under the

protest of the Chairman of Turkmenpatent. In this case

decision of Appeal committee will be final.



3. The validity of evidence for trade mark is terminated:

· in connection with expiry of ten year period if the

holder of evidence for trade mark did not make solicitation

on its prolongation provided for by article 16 of present

Law;

· upon recognition of evidence for trade mark invalid in

accordance with present article;

· upon liquidation of entity, holder of evidence for

trade mark;

· on the basis of application of holder of evidence for

trade mark, made to Turkmenpatent;



4. Data on termination of evidence validity for trade mark

is published by Turkmen patent in the official bulletin.





Article 37. Termination of validity of certificate for

rationalization proposal

Certificate for rationalization proposal may be disputed by

natural person or entity and recognized as invalid fully or

partially in case of:

· violation of requirements, defined by present Law for

recognition of proposal as rationalization;

· issue of certificate to the name of person, which has

no priority to this proposal, or noncorrect indication of

author or authors in the certificate.





Article 38. License

l. Any natural person or entity who wishes to use patented

invention, industrial pattern or registered trade mark

should have patent from the holder for invention or

industrial pattern and the license from the holder of

evidence for trade mark. License agreement is concluded for

certain period, subject to registration in Turkmenpatent and

comes into force from the date of its registration. Without

registration the license agreement is considered invalid.



2. The holder of patent (temporary patent) for invention may

ask Turkmenpatent to publish application on giving to any

natural person or entity the right to use invention (open

license). In this case duty for maintenance of patent

(temporary patent) is decreased by 50% beginning from the

year following the year of publication of such

application.

Person who wishes to use indicated invention should conclude

an agreement with patent holder on payments.



3. In the interests of defense of Turkmenistan and for

maintenance of public order the Cabinet of Ministers of

Turkmenistan has the right to permit to use the object of

industrial property without agreement of patent holder with

payment of money compensation, which are comparable with

market price of the license.



4. When issuing the state order to the enterprise on

manufacturing the products with using inventions the patent

(temporary patent) on which belonging to other natural

persons or entities in Turkmenistan and also to foreign

citizens, the body issuing the state order provides the

license acquisition.



Article 39. Collection of duties

For execution of legally important actions connected with

patent (temporary patent) for evidence of trade mark duties

are collected. Duties are paid to Turkmenpatent. List of

actions for fulfillment of which duties are collected, their

sizes and terms of payment as well as basis for payment of

duties, decrease of their sizes are set up by the Cabinet of

Ministers of Turkmenistan.



Section 7. Promotion of creation and usage of objects of

industrial property



Article 40. Privileges on usage of inventions, industrial

patterns protected by patent

Profit (income) and currency earnings which are received by

enterprise-patent holder are subject to taxation in the

following cases:

· in the result of usage of invention in the own

production;

· from sale of license for invention;

· from usage of invention to whioh the license is

purchased;

· from making a new technology with usage of patented

invention;

Forms and sizes of privileges are set up by the Cabinet of

Ministers of Turkmenistan.



Article 41. Right of the authors of inventions, industrial

patterns and rationalization proposal for reward

The authors of inventions and industrial patterns, the

patent to which are issued to employer or its assignee as

well as to the Fund of inventions of Turkmenistan and which

used in public production has right to have reward.

Reward for usage of invention, industrial pattern within

validity of patent is paid to the author by the employer or

its assignee and also by Fund of inventions of Turkmenistan

which are patent holders. Sizes and forms of rewards are set

up by the Cabinet of Ministers of Turkmenistan.

The author (authors) of rationalization proposal has right

for reward within two years from the date of its usage in

the enterprise which issued a certificate to the author for

this rationalization proposal.

Conditions and sizes for rewards are set up by the Cabinet

of Ministers of Turkmenistan.



President of Turkmenistan Saparmurat

Turkmenbashy



Ashgabat, October 1, 1993 867-XII

To visit the site of the Patent Agency of Turkmenistan, please go to http://www.tmpatent.org