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LAW OF TURKMENISTAN

of November 4, 2017 No. 630-V

About legal protection of industrial designs

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

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) Turkmenpatent – Public service of intellectual property of the Ministry of Finance and Economy of Turkyomenistan;

2) 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;

3) industrial design – the art and design decision determining appearance of industrial product which is new, original and industrially applicable;

4) Geneva Act (1999) – The Hague agreement on the international registration of industrial designs which is drawn up by this Act;

5) the International bureau – division of the World Intellectual Property Organization (WIPO) to which the application for the international registration of industrial design is submitted and which keeps the International register containing official data on the international registration of industrial designs;

6) the international registration of industrial design (further – the international registration) – the registration of industrial design according to the submitted international application for registration of industrial design performed according to the Geneva Act (1999) and which received protection in Turkmenistan;

7) the international request for registration of industrial design (further – the international request) – the application for the international registration submitted according to the Geneva Act (1999);

8) person – physical person or legal entity;

9) the applicant – the person who submitted the application for industrial design and applying for receipt of the patent for industrial design or the international registration;

10) the request for industrial design (further – the request) – set of the documents necessary for receipt of the patent for industrial design or the international registration;

11) the selected request for industrial design (further – the selected request) – the request repeating part of earlier submitted application of the same applicant, submitted to Turkmenpatent on own initiative of the applicant or upon the demand of examination in view of violation of the requirement of unity of industrial design in the early request;

12) the first request for industrial design (further – 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 for industrial design (further – the conventional request) – the request with purchase of conventional priority;

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

15) priority of industrial design – superiority in application implementation time;

16) the patent for industrial design (further – the patent) – the security document of Turkyomenistan certifying priority, authorship and exclusive right of the owner to industrial design;

17) the owner – person having exclusive right on the industrial design patented in Turkmenistan or the international registration of the industrial design which received protection in Turkmenistan;

18) office industrial design – the industrial design created by the worker in connection with accomplishment by it of the service duties or specific task of the employer;

19) concession of the rights to industrial design – assignment of rights on industrial design his owner to other person based on the agreement;

20) the license for industrial design (further – the license) – permission to use of industrial design issued by the owner to other person according to the license agreement;

21) the Bulletin – the official periodicals of Turkmenpatent intended for the publication of data on the industrial designs and the submitted applications for receipt of patents registered in Turkmenistan;

22) counterfeit goods – goods in which the protected industrial design is illegally used;

23) the patent agent – the citizen of Turkmenistan who is constantly living in its territory, certified and registered in Turkmenpatenta and representing on professional basis the interests of physical persons and legal entities in acquisition of rights and protection of the rights to industrial designs;

24) the Appeal commission – the commission created in case of Turkmenpatenta for consideration of the applications about the violated or disputed rights, including pre-judicial consideration of the disputes connected with protection of the rights of authors, applicants and owners, and also other questions entering competence of this commission.

Article 2. Legislation of Turkmenistan on legal protection of industrial designs

 The legislation of Turkmenistan on legal protection of industrial designs is based on the Constitution of Turkmenistan and consists of the Civil code of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan.

Article 3. State regulation in the field of legal protection of industrial designs

1. State regulation in the field of legal protection of industrial designs performs Turkmenpatent.

2. Turkmenpatent according to the competence:

1) takes cognizance of requests for industrial designs, carries out on them expertize;

2) is conducted by the State register of industrial designs;

3) grants patents of Turkmenistan for industrial designs;

4) registers agreements on concession and license agreements concerning industrial designs;

5) makes changes to registration of industrial designs;

6) is performed by the Bulletin edition;

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