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RR RUEHDBU
DE RUEHDBU #0341/01 0781055
ZNR UUUUU ZZH
R 191055Z MAR 09
FM AMEMBASSY DUSHANBE
TO RUEHC/SECSTATE WASHDC 0156
INFO RUEHDBU/AMEMBASSY DUSHANBE 0273

UNCLAS SECTION 01 OF 02 DUSHANBE 000341 
 
SIPDIS 
 
STATE FOR EB/TPP/IPE AND SCA/CEN 
PASS USTR 
 
E.O. 12958: N/A 
TAGS: ECIN ETTC ECON ETRD PGOV EAID TI
SUBJECT: TAJIKISTAN - SPECIAL 301 REVIEW 
 
REF: STATE 8410 
 
¶1. Summary: Post recommends that Tajikistan remain on the 
Special 301 Watch List in 2009.  While Tajikistan has made 
slight progress in improving IPR legislation, it has far to go 
in devoting resources and political will to stopping the 
widespread importation and selling of pirated goods in the 
country.  End Summary. 
 
¶2. Overall assessment of the IPR climate: Tajikistan is a small 
and isolated market, distinguished by corruption at all levels 
of government, bureaucratic resistance to private enterprise, 
declining economic circumstances, and general poverty.  In this 
situation, IPR enforcement gets little attention.  It is usually 
cheaper to use pirated software and other products, as genuine 
products are difficult to find.  Violators of IPR protection 
laws know there is little chance they will be punished.  Pirated 
software, music, and films are the norm in Tajikistan's markets. 
 As in many other areas of regulation and law enforcement, the 
Tajik authorities lack the resources, training, or will to 
pursue IPR violations. 
 
¶3. The USG is assisting Tajikistan to improve IPR protection 
through the USAID-funded Regional Trade Liberalization and 
Customs Project (RTLC) in Tajikistan, which helps the Government 
of Tajikistan on World Trade Organization accession.  The 
Agreement on Trade related aspects of Intellectual Property is 
one of the 15 agreements Tajikistan has to sign to be a member 
of the WTO.  RTLC works with the copyright department of the 
Ministry of Culture and the Patent Center of Tajikistan, as well 
as with the Ministry of Economic Development and Trade on 
introduction of reforms in intellectual property and copyrights 
related laws and normative documents.  In March of 2008 RTLC 
developed an action plan to bring local legislation into 
compliance with WTO requirements by the end of 2009. 
 
¶4. TRIPS Implementation, FTA Implementation, and Other IP- 
Related Issues: Tajikistan is a signatory to the Bern 
Convention, but Tajikistan's copyright law does not provide 
protection for sound recordings or pre-existing works as 
required by the Bern Convention. 
 
¶5. In 1994 Tajikistan joined the World Intellectual Property 
Organization, and according to the Government of Tajikistan 
accepts as law the following agreements: 
 
- Rome Convention for the Protection of Performers, Producers of 
Phonograms and Broadcasting Organisations 
- Convention on establishment of the World Intellectual Property 
Organization (WIPO) 
- Paris Convention on Protection of the Industrial Property 
Madrid Agreement on International Registration of Marks 
- Nice Agreement of June 15, 1957, Concerning the International 
Classification of Goods and Services for the Purposes of the 
Registration of Marks 
- Locarno Agreement Establishing an International Classification 
for Industrial Designs 
- Agreement on Patent Cooperation 
Strasbourg agreement on International Patent Classification 
- The Budapest Treaty on the International Recognition of the 
Deposit of Microorganisms for the Purposes of Patent Procedure 
Nairobi agreement on protection of the Olympic Symbol 
 
¶6. Data Protection: The Government of Tajikistan maintains a 
state pharmaceutical oversight organization to verify the safety 
of drugs introduced to the Tajik market.  The agency is 
responsible for monitoring and testing all pharmaceuticals 
imported and produced in Tajikistan.  Annually they report that 
they find 10-15 types of counterfeited pharmaceuticals sold in 
Tajikistan.  In these cases they seize and destroy the medicine. 
 Post inquired of this office about data protection; they said 
they did not release data from their tests. 
 
¶7. Enforcement: The Ministry of Interior has an office to combat 
Intellectual Property Rights violations.  The office, 
established in 2006, has 15 staff and lacks training and 
resources.  The office is known to have conducted at least one 
enforcement action since 2006.  In 2008, only one seizure of 
pirated media was reported in the Tajik news media, and the 
sellers involved quickly resumed operations.  No court cases on 
IPR have been registered in the court system.  The department of 
authors' rights and related rights at the Ministry of Culture of 
Tajikistan conducted one seminar in 2008 to explain basic IPR 
concepts. 
 
¶8. Notorious Markets: Post does not believe that Tajikistan has 
markets which merit inclusion in this category. 
 
¶9. Internet Piracy: There is little awareness of this issue in 
Tajikistan, and probably little internet piracy taking place. 
Tajikistan has little internet access; internet penetration of 
Tajik society is less than one percent. 
 
DUSHANBE 00000341  002 OF 002 
 
 
 
¶10. Production, Import, and Export of Counterfeit Goods: 
Counterfeit goods in the form of DVDs and CDs enter Tajikistan 
from a variety of countries.  There is apparently little effort 
by the Government to stop such imports.  Upon the request of the 
trademark or service mark holder, Tajik Customs officials can 
check the imported/exported goods to check the origin of goods. 
Tajikistan produces small quantities of simple medical supplies 
(novocaine solution, alcohol), and does not export them. 
 
¶11. Optical Media Piracy (CDs, VCDs, DVDs): Marketing of pirated 
media is widespread in Tajikistan.  Almost all available CDs, 
DVDs, and VCDs are pirated or counterfeit.  It is difficult to 
find genuine DVDs, CDs, or VCDs in Tajikistan. 
 
¶12. Use/Procurement of Government Software: Officially the 
Government of Tajikistan uses only licensed software.  How 
completely this rule is observed throughout the country is 
difficult to assess.  According to the survey conducted by the 
Civil Initiative on Internet in Tajikistan in 2007-2008, 90% of 
software in Tajikistan's Government and official state agencies 
is counterfeited or pirated.  The State Budget does include 
provisions for legal software purchases.  Virtually all software 
in the secondary education sector is pirated.  Soft Line Company 
in Tajikistan, an affiliate of Russian Soft Line Company which 
is the licensed dealer of Microsoft, Oracle, and Casperski 
Anti-Virus and other software, reports that virtually all 
software sold by private businesses in Tajikistan is pirated. 
Western diplomatic missions and international organizations 
usually use licesned software. 
 
¶13. Tajikistan deposited its instrument of accession to the 1996 
WIPO Copyright Treaty on January 5, 2009.  The Treaty will enter 
into force with respect to Tajikistan on April 5, 2009. 
However, Tajikistan has still not jointed the WIPO Performances 
and Phonograms Treaty (WPPT). 
JACOBSON