Document from CIS Legislation database © 2003-2017 SojuzPravoInform LLC

LAW OF TURKMENISTAN

of November 4, 2017

About legal protection of inventions

This Law governs the relations arising in connection with legal protection and use of inventions.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) Parisian convention – The Parisian convention on protection of industrial property of March 20, 1883 reviewed in Stockholm on July 14, 1967 and corrected on October 2, 1979;

2) Agreement on patent cooperation (RUTI) – The agreement on patent cooperation of June 19, 1970 (RUTI – Patent Cooperation Treaty) corrected on October 2, 1979 and changed on February 3, 1984;

3) body of the international preliminary expert examination – department which based on the Agreement with the International bureau of the World Intellectual Property Organization (WIPO) performs functions of the international preliminary expert examination according to the Agreement on patent cooperation (RUTI);

4) Euroasian patent convention – The Euroasian patent convention on protection of inventions which became effective on August 12, 1995;

5) objects of industrial property – in relation to this Law – inventions;

6) the invention – the technical solution of task which is new, having the inventive level and industrial applicability;

7) Turkmenpatent – Public service of intellectual property of the Ministry of Finance and Economy of Turkmenistan;

8) person – physical person or legal entity;

9) the applicant – the person who submitted the application and applying for receipt of the patent or limited patent;

10) the request – set of the documents necessary for receipt of the patent or the limited patent;

11) the selected request – the request repeating part of the early application of the same applicant submitted to Turkmenpatent on own initiative of the applicant or upon the demand of examination in view of violation in the early request of the requirement of unity of the invention;

12) the first request – the application submitted to relevant organ of the State Party of the Parisian convention by which date of giving the conventional priority is established;

13) the conventional request – the request with purchase of conventional priority;

14) the international request – the application submitted according to the Agreement on patent cooperation (RUTI);

15) the Euroasian request – the application submitted according to the Euroasian patent convention;

16) invention priority – superiority in time in application implementation;

17) conventional priority – the invention priority established by date of submission of the first request in relevant organ of the State Party of the Parisian convention;

18) invention formula – set of the signs of the invention expressing its essence and determining amount of its legal protection. The formula of the invention can consist of the independent Items describing independent subjects to patenting, and dependent Items containing development and (or) refining of set of the signs of the invention given in independent Items;

19) the patent or the limited patent – the security document of Turkmenistan certifying priority, authorship and exclusive right of the patentee to the invention;

20) the patentee – the owner of the patent or limited patent having exclusive right on the patented invention;

21) the employee invention – the invention created by the worker in connection with accomplishment by it of the service duties or specific task of the employer;

22) concession of the patent or limited patent – assignment of rights on the invention its owner to other person based on the agreement;

23) the license for the invention (further – the license) – permission to use of the invention issued by the patentee to other person according to the license agreement;

24) the Bulletin – the official periodicals of Turkmenpatent intended for the publication of data on the inventions registered in Turkyomenistan and the submitted applications for receipt of patents and limited patents for inventions;

25) counterfeit goods – goods in which the patented invention is illegally worked;

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