Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 5, 2007 No. 236

About geographical instructions

(as amended on 02-01-2019)

This Law governs the relations arising in connection with legal protection and use of geographical indications of origin of goods in the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Basic concepts

The basic concepts used in this Law:

- geographical object - any territory with officially determined to borders, in particular the country, the region as part of the country, the settlement, the area;

- geographical specifying - designation which identifies goods as coming from the territory of the country or from the region or the area in this territory where certain quality, the reputation and other characteristics of goods substantially contact its geographical origin. The concept of geographical specifying includes concepts the name of the place of goods origin and indication of origin of goods;

- the request - set of the documents necessary for registration and provision of right to use by the name of the place of goods origin or for right to use provision by already registered name of the place of goods origin;

- the applicant - the physical person or legal entity which submitted the application to authorized body for registration and provision of right to use by the name of the place of goods origin;

- the competent organgosudarstvenny authority allocated with competence to establish borders of geographical object where the goods which special characteristics are determined by environment or other factors, characteristic of this geographical object (or combination of environment and these factors) with which any properties of goods are connected are made;

- the name of the place of goods origin - the country name, the settlement, the area or other geographical object used for designation of the goods occurring from there which special characteristics only or are mainly determined by environment or other factors or combination of environment and these factors, characteristic of this geographical object. The historical name of geographical object can be the name of the place of goods origin;

- goods indication of origin - the designation directly or indirectly specifying the place of the valid origin or production of goods. The indication of origin of goods can be presented in the form of the name of geographical object or the image.


 

Article 2. Legislation of the Republic of Tajikistan on geographical instructions

The legislation of the Republic of Tajikistan on geographical instructions is based on the Constitution of the Republic of Tajikistan and consists of This Law and other regulatory legal acts of the Republic of Tajikistan, and also international legal acts recognized by Tajikistan.

Article 3. Authorized state body and its competences

Implementation of state policy and the functions provided by this Law in the sphere of legal protection of geographical instructions is assigned to authorized state body. The authorized state body is determined by the Government of the Republic of Tajikistan,

The authorized state body in the cases provided by this Law accepts according to the competence regulating documents about application of this Law.

The authorized state body creates Appeal council which according to the Provision considers the questions carried to its competence by this Law.

Chapter 2. Geographical instructions and their legal protection

Article 4. The designations which are not called by the name of the place of goods origin

The designation though which is representing or containing the name of geographical object, but entered in the Republic of Tajikistan the general use 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.

Article 5. Goods indication of origin

The indication of origin of goods can be presented in the form of the verbal designation containing the name of geographical object or in the form of the image.

Article 6. Legal protection of the name of the place of goods origins

Legal protection of the name of the place of goods origin in the Republic of Tajikistan arises based on its state registration according to the procedure, established by this Law, or owing to the international legal acts recognized by Tajikistan.

The name of the place of goods origin can be registered by one or several physical persons or legal entity. Person which registered the name of the place of goods origin acquires right to use it if the made goods meet the requirements established this by the Law.

Right to use the same name of the place of goods origin can be granted to any physical person or legal entity which in borders of the same geographical object makes the goods having the same main properties. Registration of the name of the place of goods origin is effective is termless.

Article 7. Legal protection of indication of origin of goods

Legal protection of indication of origin of goods is performed based on use of this specifying.

Legal protection of indication of origin of goods consists of non-admission of use of false indications of origin of goods, and also instructions misleading the consumer of rather valid place of goods origin.

The indication of origin of goods is not subject to state registration.

Chapter 3. Registration and provision of right to use by the name of the place of goods origin

Article 8. Statement and procedure for its representation

The application is submitted to authorized body by the physical and (or) legal entity (persons) independently or through the patent agent.

The physical persons who are constantly living outside the Republic of Tajikistan and foreign legal entities, or their representatives run business with authorized body through the patent agents authorized by the power of attorney who acquired the right to conducting activities of the patent agent according to the legislation of the Republic of Tajikistan.

The statement shall belong to one name of the place of goods origin.

The statement shall contain:

- the petition for registration and provision of right to use by the name of the place of goods origin or about right to use provision by already registered name of the place of goods origin with indication of the applicant (applicants), and also its location or the residence;

- the declared designation;

- specifying of goods concerning which registration and provision of right to use by the name of the place of goods origin or right to use provision by already registered name of the place of goods origin are asked;

- specifying of the place of goods origin (borders of geographical object);

- description of special characteristics of goods.

The application is submitted in state language.

The application is signed by the applicant, in case of application through the patent agent - the applicant or the patent agent.

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