VZCZCXRO6709
RR RUEHAG RUEHAST RUEHBI RUEHCI RUEHDF RUEHIK RUEHLH RUEHLN RUEHLZ
RUEHNEH RUEHPW RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHAH #1513/01 3261404
ZNR UUUUU ZZH
R 211404Z NOV 08
FM AMEMBASSY ASHGABAT
TO RUEHC/SECSTATE WASHDC 1900
INFO RUCNCIS/CIS COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEKJCS/JOINT STAFF WASHDC
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RUEHKO/AMEMBASSY TOKYO 2202
RUEHAK/AMEMBASSY ANKARA 4527
RUEHBJ/AMEMBASSY BEIJING 2337
RUEHIT/AMCONSUL ISTANBUL 2775
RUEHBS/USEU BRUSSELS
RUEHVEN/USMISSION USOSCE 3091
RUEAIIA/CIA WASHDC
RHEHNSC/NSC WASHDC

UNCLAS SECTION 01 OF 02 ASHGABAT 001513 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR SCA/CEN, EEB 
 
E.O. 12958: N/A 
TAGS: ECON EINV ETRD TX
SUBJECT: TURKMENISTAN: NEW COMMERCIAL MARITIME CODE, TRADEMARK 
PROTECTION LAW, AND INDUSTRIAL PROPERTY PROTECTION LAWS ADOPTED 
 
¶1. (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2. (SBU) SUMMARY:  Turkmenistan recently enacted three laws in the 
commercial sphere - a Commercial Maritime Code, a Trademark 
Protection Law, and a Law on Inventions and Industrial Designs.  If 
the Trademark Protection Law and the Law on Inventions and 
Industrial Designs are enforced, it will be an important step 
forward in economic reform and laying the legislative foundation for 
protecting the rights of inventors and commercial entities.  END 
SUMMARY. 
 
¶3. (SBU) Recently, Turkmenistan adopted three new laws in the 
commercial sphere - a Commercial Maritime Code, a Trademark 
Protection Law, and an Industrial Property Protection Law.  The 
Commercial Maritime Code was published in the official newspaper, 
"Neytralniy Turkmenistan," on November 6, 2008.  The law regulates 
issues related to commercial navigation.  Property issues, which 
come out of the present law, are resolved according to the Civil 
Code of Turkmenistan. 
 
¶4.  (SBU) The new law can be applied to ships in open seas and in 
internal water ways, to mixed class ships "river-sea," when they 
navigate in seas, as well as for ships in internal water ways.  It 
deals with the transport of freightage, shipping passengers and 
their baggage to a foreign port, emergency operations and accidents 
with another ship.  The law cannot be applied to military ships and 
other vessels, which are owned or used by states for state 
non-commercial activities and non-commercial freight. 
 
¶5.  (SBU) The law provides for regulation of commercial navigation 
and establishes state supervision over: 1) observation of 
international treaties on commercial navigation that Turkmenistan is 
a party to as well as domestic legislation regarding commercial 
navigation; 2) protection of human lives on the sea; 3) 
certification of crew members regardless of their departmental 
identity; 4) state registration of ships and ship ownership titles; 
5) pilot service and sea traffic control systems; 6) life saving 
service; 7) maintenance of sea ways; and 8) protection of sea 
environment.  Government regulation of sport and pleasure boats is 
also covered.  Certain types of activities in the field of 
commercial navigation require licensing. 
 
LAW ON INVENTIONS AND INDUSTRIAL DESIGNS 
 
¶6.  (SBU) The Law of Turkmenistan on inventions and industrial 
designs was announced in "Neutralniy Turkmenistan" on November 4, 
¶2008.  This law mandates the legal protection and regulates the use 
of inventions and industrial designs.  According to the law, the 
Patent Department of the Ministry of Economy and Finance implements 
protection of industrial property.  The Ministry of Economy and 
Development is responsible for Turkmenistan's obligations under 
international agreements on legal protection of industrial property. 
 An Appeals Commission is in charge of processing appeals to patent 
decisions, and the Court of Appeals reviews disputes and instances 
of illegal usage.  The right to invention and industrial design is 
protected by trademark. 
 
¶7.  (SBU) The law provides for temporary protection of industrial 
property under a type of patent pending designation.  After a patent 
expires, the product becomes available to the public for free 
(public domain).  Most patents last 20 years, with the exception of 
limited pattern which is 10 years. 
 
¶8. (SBU) The law outlines who can be considered the author of an 
invention or industrial design and states that copyright is 
inalienable and protected without limit in time.  It also provides 
provisions for copyright remuneration.  Articles dealing with the 
rights of a patent holder, provisions for transferring or willing a 
patent to another person, and how to close a patent are also 
included in the law, as well as definitions of patent violations. 
According to the law, the Cabinet of Ministers establishes the list 
of fees, amounts, and time and order of payment.  The law describes 
the procedure for reviewing international applications and for 
patenting inventions and industrial designs in foreign countries. 
 
 
ASHGABAT 00001513  002 OF 002 
 
 
¶9.  (SBU) The law states that "in accordance with international 
agreements, Turkmenistan is a party to or, based on the principle of 
reciprocity, foreigners enjoy the rights provided by the present law 
as Turkmen citizens do."  It adds that foreigners and Turkmen 
nationals permanently residing abroad may exercise their rights 
thorough patent agents registered in Turkmenistan, unless 
international agreements of which Turkmenistan is a party require 
doing this in a different way. 
 
LAW ON TRADEMARKS 
 
¶10. (SBU) The Law of Turkmenistan on trade and service marks and 
places of origin was announced in "Neytralniy Turkmenistan" on 
November 5, 2008.  This law provides for the legal protection and 
use of trademarks, after their registration at Turkmenpatent. 
Turkmenpatent issues a certificate of registration within three 
months of application.  After registration, the trademark is valid 
for ten years from the date of application.  According to the law, 
the Patent Department of the Ministry of Economy and Finance 
protects industrial property.  The Ministry of Economy and 
Development is responsible for Turkmenistan's obligations under 
international agreements on legal protection of industrial property. 
 An Appeals Commission is in charge of processing appeals regarding 
trademark decisions, and the Court of Appeals reviews disputes and 
instances of illegal usage.  According to the law, the Cabinet of 
Ministers sets the fees, time and order of payment.  The law 
describes the procedure for reviewing international applications. 
 
¶11.  (SBU) COMMENT: These laws are important steps forward in 
economic reform and laying the legislative foundation for protecting 
the rights of inventors and commercial entities.  As with all laws 
in Turkmenistan, the test will be how well they are enforced.  END 
COMMENT. 
 
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