VZCZCXRO7281
RR RUEHAG RUEHAST RUEHBI RUEHCI RUEHDBU RUEHDF RUEHIK RUEHLH RUEHLN
RUEHLZ RUEHNEH RUEHPW RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHAH #0372/01 0821447
ZNR UUUUU ZZH
R 231447Z MAR 09
FM AMEMBASSY ASHGABAT
TO RUEHC/SECSTATE WASHDC 2515
INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUCNCIS/CIS COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEHAK/AMEMBASSY ANKARA 4970
RUEHBJ/AMEMBASSY BEIJING 2728
RUEHKO/AMEMBASSY TOKYO 2593
RUEHIT/AMCONSUL ISTANBUL 3214
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RUEHVEN/USMISSION USOSCE 3410
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHEHNSC/NSC WASHDC
RUEKJCS/SECDEF WASHDC
RUEKJCS/JOINT STAFF WASHDC

UNCLAS SECTION 01 OF 03 ASHGABAT 000372 
 
SIPDIS 
 
STATE FOR SCA/CEN, EEB/TPP/IPE (MCGOWAN), INL (BUHLER) 
DEPT PASS TO USTR JCHOE-GROVES 
 
E.O. 12958: N/A 
TAGS: PGOV ECON ETRD KIPR TX
SUBJECT:  TURKMENISTAN:  GOVERNMENT PROVIDES UPDATE ON STATUS OF IPR 
PROTECTION 
 
REF:  A) STATE 8410; B) ASHGABAT 258 
 
¶1.  In a diplomatic note received on March 2, the Turkmenistan 
Ministry of Foreign Affairs conveyed to post an overview of 
intellectual property protection in Turkmenistan.  A summary of the 
Russian language text is provided below. 
 
PATENT SYSTEM OF TURKMENISTAN 
 
¶2.  Since its independence, Turkmenistan has established a national 
patent system that provides legal protection for items of industrial 
property, meaning inventions and industrial designs, as well as 
trademarks and service marks.  The national patent system is based 
on the Patent Law adopted in October 1993 and international treaties 
to which Turkmenistan has acceded.  The responsibility for operating 
the national patent system was initially given to the Patent Service 
of Turkmenistan established on June 25, 1993.  At present, the 
Patent Department of the Ministry of Economy and Development 
implements state regulation in the area of the protection of items 
of industrial property.  Specialists of the Patent Department carry 
out all tasks related to the legal protection of items of industrial 
property such as receiving and examining requests, issuing decisions 
and title documents, registration of items of protected industrial 
property in the state registry, license agreements, agreements on 
transfer of rights for patents and trademarks, and changes of names 
and addresses of their owners.  The Patent Service maintains an 
up-to-date website that provides all normative acts of Turkmenistan 
in the areas of protection of items of industrial property, full 
information about the Patent Department, and a list of patent 
attorneys. 
 
CAPACITY BUILDING ACTIVITIES 
 
¶3.  In cooperation with the World Intellectual Property Organization 
(WIPO), specialized seminars are conducted for the interested 
parties and ministries.  In 2007-2008, the Patent Department started 
releasing official bulletins in CD-ROM format to expand access to 
the data on protected inventions, industrial designs and trademarks. 
 In 2008, Turkmenistan adopted new Laws on Inventions and Industrial 
Designs and on Trademarks, Service Marks and the Name of the Place 
of Origin of Goods.  Turkmenistan ratified the Eurasian Patent 
Convention as of September 1994.  In 1995, Turkmenistan signed 
declarations to continue membership in three international 
treaties: 
 
-- the Convention establishing WIPO as of July 14, 
   1967; 
-- the Paris Convention on Protection of Industrial 
   Property; and 
-- the Agreement on Patent Cooperation dated June 19, 
   ¶1970. 
 
¶4.  In June 1999, Turkmenistan joined the Madrid Treaty Protocol on 
International Registration of Trademarks.  In 2006, Turkmenistan 
joined the following treaties which govern the main international 
classifications: 
 
-- the Strasburg Agreement on International Patent 
   Classification (1971); 
-- the Locarno Agreement on Establishing International 
   Classification of Industrial Samples (1968); 
-- the Nice Agreement on International Classification 
   of Goods and Services for Trademark Registration; 
-- the Vienna Agreement on International Classification 
   of Graphic Elements of Trademarks (1974). 
 
NATIONAL SYSTEM OF COPYRIGHT PROTECTION 
 
¶5.  The Civil Code of Turkmenistan regulates copyright and 
protection of related rights.  The Code consists of five chapters, 
the fourth of which is entirely devoted to intellectual property. 
According to established norms, copyright arises at the time of the 
creation of a work and remains in effect during the life of the 
author and 50 years after the author's death.  Related rights are 
 
ASHGABAT 00000372  002 OF 003 
 
 
valid for 50 years from the date of the first performance, whereas a 
performer's rights concerning his name and reputation are protected 
permanently. 
 
¶6.  The protection of algorithms, software programs, databases and 
integral microchip design is regulated by the Law on Legal 
Protection of Algorithms, Software, Databases and Integral Microchip 
Design, and by the Civil Code of Turkmenistan.  In the past, a 
series of licenses have been issued for software and database 
programs. 
 
THE STATUS OF PROTECTION OF INVENTIONS 
 
¶7.  The protection of inventions is regulated by the Law on 
Inventions and Industrial Designs, the Paris Convention, the Treaty 
on Patent Cooperation and the Eurasian Patent Convention.  In the 
past, a significant quantity of applications for inventions was 
received from domestic and foreign applicants.  After expert review, 
the majority of applicants were issued Turkmenistan patents.  Since 
Turkmenistan is a member of the Eurasian Patent Convention, a large 
number of regional patents issued by the Eurasian Patent Department 
are effective on the territory of Turkmenistan.  The 2008 Law on 
Inventions and Industrial Designs allows the protection of rights 
and the use of inventions and industrial designs in accordance with 
international norms.  Upon entering into force, it provided 
appellate and judicial protection of the rights of patent owners, 
broadening the possibility of the use of inventions and industrial 
designs, and increasing the term of patent protection. 
 
STATUS OF TRADEMARK PROTECTION 
 
¶8.  The protection of trademarks and service marks is regulated by 
the Law on Trademarks, Service Marks and the Name of the Place of 
Origin of Goods, the Paris Convention and the Protocol to the Madrid 
Treaty on International Trademark Registration.  In the past, the 
Patent Service has issued a significant quantity of licenses for 
trademarks and service marks to legal entities and entrepreneurs. 
In addition, as a member of the Madrid Convention, more than ten 
thousand trademarks registered through the international 
registration process are valid in Turkmenistan.  The Law on 
Trademarks, Service Marks and the Name of the Place of Origin of 
Goods strengthened the exclusive rights of trademark owners and 
provided legal protection for widely-known marks, introduced a new 
"place of origin of goods" aspect of industrial property, 
established concrete measures for the prevention of violations of 
exclusive rights, and provided the possibility for customs control 
of goods with the aim of intercepting the transport of contraband. 
 
STATUS OF RELEVANT IPR LEGISLATION 
 
¶9.  The Civil Code of Turkmenistan, the Law on Inventions And 
Industrial Processes, the Law on Trademarks, Service Marks And the 
Name of the Place Of Origin Of Goods, the Law On Legal Protection of 
Algorithms, Software, Databases and Integral Microchip Designs, and 
the Law on Scientific Intellectual Property, along with other State 
laws, form the legislative base for the protection of intellectual 
property in Turkmenistan. 
 
PLANNED MEASURES TO IMPROVE IPR LEGISLATION 
 
¶10.  To further improve the protection of intellectual property in 
Turkmenistan, the following laws have been drafted and are being 
reviewed by the Parliament for anticipated adoption during 2009: 
 
--Law on Author's Rights and Related Rights 
--Law on Protection of Selection Achievements 
--Law on Protection from Unfair Competition 
 
The government plans to develop and adopt the following laws: 
 
-- "Law on Legal Protection of Genetic Resources, Traditional 
Knowledge and National Art," which will facilitate the preservation 
and development of traditional crafts, songs, dances, folklore, 
traditional medicine, and biological diversity of the environment; 
 
ASHGABAT 00000372  003 OF 003 
 
 
-- "Law on Protection of Domains.' 
 
¶11.  The adoption of these laws will provide further improvement in 
the protection of intellectual property, broaden the sphere of 
protected items; harmonize current legislation with international 
norms; and, in coming years, allow Turkmenistan to join the 
corresponding international conventions in the areas of copyright 
and related rights. 
 
MILES