Amended IP legislation comes into force


The law amending Part 4 of Turkmenistan's Civil Code entered into force on January 19 2012.

The previous version of Part 4, entitled “Author’s Rights”, was the main legal act on copyright and related rights in Turkmenistan, while issues relating to trademarks, patents and industrial designs were regulated by separate legal acts, which still remain in force.

The new Part 4, entitled “Legislation on Intellectual Property”, outlines the legislative basics for all IP rights, including:

  • copyright and related rights;
  • database rights;
  • patents;
  • industrial designs;
  • semi-conductor topographies;
  • selection achievements;
  • trademarks; and
  • commercial names.

The new Part 4 also outlines the basic principles for IP licensing and assignment agreements, including provisions on compulsory licensing and collective management of IP rights.

Finally, the new Part 4 provides legal remedies related to IP rights infringement. In particular, the new legislation clearly indicates the types of claims that an IP rights owner can file before the courts.

In view of the replacement of the old Part 4 of the Civil Code, Turkmenistan's parliament adopted a separate law on copyright and related rights, which entered into force on January 20 2012.

Taras Kulbaba, PETOŠEVIC, Brussels 

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