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LAW OF TURKMENISTAN

of June 8, 2019 No. 142-VI

About names of places of goods origin

This Law governs the relations arising in the sphere of legal protection and use of names of places of goods origin.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) counterfeit goods – goods, their labels and packaging on which the registered name of the place of goods origin or similar to it to extent of mixture designation is illegally used;

2) examination – the procedure of consideration by authorized body in the field of legal protection of names of places of goods origin – Public service on intellectual property of the Ministry of Finance and Economy of Turkmenistan of the request, and also other documents relating to state registration of the name of the place of goods origin and right to use by the specified name or rights to use by earlier registered name of the place of goods origin;

3) the name of the place of goods origin – the designation representing or containing modern or historical, the official or unofficial, complete or reduced name of geographical object, and also the designation derivative of this name and which became known as a result of its use concerning goods which special characteristics only or are mainly determined by environment and (or) ethnographic factors, characteristic of this geographical object. The name of geographical object which entered the general use in Turkmenistan as the designation of goods of certain type which is not connected with the place of its production is not recognized the name of the place of goods origin;

4) the certificate on right to use by the name of the place of goods origin (further – the certificate) – the document certifying right to use by the name of the place of goods origin;

5) the State register of names of places of goods origin (further – the State register) – the document containing data on names of places of goods origin and rights to use by them, information on special characteristics of goods for which the name of the place of goods origin, and also other data relating to state registration of names of places of goods origin is registered;

6) the Statement of names of places of goods origin (further – the Statement) – the periodical of authorized body in the field of legal protection of names of places of goods origin intended for the publication of data on taken cognizance requests and about the state registration of names of places of goods origin and rights to use by them entered in the State register;

7) the request – set of the documents necessary for state registration of the name of the place of goods origin and right to use by the specified name or rights to use by earlier registered name of the place of goods origin;

8) the applicant – the physical person who submitted the application engaged in business activity without formation of legal entity or the legal entity performing business activity;

9) the patent agent – the citizen of Turkmenistan who is constantly living in Turkmenistan, certified and registered in authorized body in the field of legal protection of names of places of goods origin and representing on professional basis the interests of physical persons and legal entities in receipt of the right to use of the name of the place of goods origin.

Article 2. Legislation of Turkmenistan on names of places of goods origin

The legislation of Turkmenistan on names of places of goods origin is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. Right to use by the name of the place of goods origin

1. Right to use by the name of the place of goods origin is protected by this Law or based on international treaties of Turkmenistan and makes sure the certificate.

2. Right to use the same name of the place of goods origin can be granted to any person who in borders of the same geographical object makes the goods having the same main properties.

3. Nobody has the right to use the name of the place of goods origin registered in Turkmenistan without state registration of the right to use of the specified name.

Article 4. Representation

1. The physical persons who are engaged in business activity without formation of legal entity and legal entities of Turkmenistan have the right to run business with authorized body in the field of legal protection of the name of the place of goods origin as it is direct, and through representatives or patent agents.

2. Powers of the representative or the patent agent make sure the relevant power of attorney.

Article 5. Rights of foreign physical persons and legal entities

1. Foreign physical persons and legal entities have the rights provided by this Law on an equal basis with physical persons and legal entities of Turkmenistan according to international treaties of Turkmenistan.

2. The right to state registration in Turkmenistan of names of places of goods origin is granted to physical persons and legal entities of the states granting the similar right to physical persons and legal entities of Turkmenistan.

3. Foreign physical persons and legal entities exercise the rights in the relations with authorized body in the field of legal protection of the name of the place of goods origin through patent agents.

Chapter II. State regulation and control in the sphere of legal protection and use of names of places of goods origin

Article 6. The bodies exercising state regulation and control in the sphere of legal protection and use of names of places of goods origin

The bodies exercising state regulation and control in the sphere of legal protection and use of names of places of goods origin are the Cabinet of Ministers of Turkmenistan, the Ministry of Finance and Economy of Turkmenistan, authorized body in the field of legal protection of names of places of goods origin – Public service on intellectual property of the Ministry of Finance and Economy of Turkmenistan (further – Turkmenpatent).

Article 7. Competence of the Cabinet of Ministers of Turkmenistan

The Cabinet of Ministers of Turkmenistan in the sphere of legal protection of names of places of goods origin:

1) determines single state policy;

2) publishes regulatory legal acts;

3) is coordinated by activities of public authorities;

4) is approved by the list of state bodies, authorized to issue the document, confirmatory that in borders of the geographical object which is in the territory of Turkmenistan the applicant makes goods which special characteristics are determined by environment and (or) ethnographic factors, characteristic of this geographical object;

5) performs other functions referred to its competence by the legislation of Turkmenistan.

Article 8. Competence of the Ministry of Finance and Economy of Turkmenistan

The Ministry of Finance and Economy of Turkmenistan in the sphere of legal protection of names of places of goods origin:

1) realizes single state policy;

2) adopts regulatory legal acts;

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