LAW OF TURKMENISTAN

of November 22, 2025

About scientific intellectual property

This Law governs the relations arising during creation and use of objects of scientific intellectual property and is aimed at providing protection of the property rights to objects of scientific intellectual property.

Article 1. Basic concepts

1. In this Law the following basic concepts are applied:

1) scientific intellectual property – property on the results of research, design and survey, developmental and experienced and technological activities (further – scientific works) which are types of intellectual property in the scientific direction;

2) objects of scientific intellectual property – monographs, theses, scientific reports, scientific articles, scientific reports, depending on the purposes of creation, characteristics, contents, forms of presentation, and also the scientific and methodical instructions following from objects of the specified scientific works, summaries, papers and other objects of conversion of scientific intellectual property;

3) the scientific work – the protected result of intellectual activities received during creative activity of physical person (group of persons) in the scientific sphere stated in certain form and containing the new scientific knowledge received by results of scientific activities;

4) the monograph – the scientific publication received as a result of the scientific research conducted on any subject or several interconnected subjects, the containing new scientific knowledge;

5) the thesis – the creative work of scientific degree on any subject containing the generalized results of researches in which evidence-based decisions which implementation will be important for the corresponding industry are stated or will make powerful contribution to development of the country;

6) the scientific report – the work provided for the public in which results of scientific research on any subject are stated;

7) the scientific article – the work on any subject published in the scientific publication containing theoretical and practical generalization;

8) the author – physical person which creative activity creates object of scientific intellectual property;

9) the coauthor – the physical person who created object of scientific intellectual property joint creative activity with the author;

10) employer – the physical person or legal entity which charged to the worker on office task to create object of scientific intellectual property;

11) office task – the order on development (creation) of object of scientific intellectual property connected with accomplishment of service duties or the assignment of the employer given to the worker or the legal entity;

12) the contractor – the physical person or legal entity performing within office activities work on creation of object of scientific intellectual property on the basis of the office order or the agreement;

13) the developer (creator) – the scientist, the engineer, the inventor and other expert or the legal entity who develops (creates) object of scientific intellectual property on the basis of the office order or the agreement.

Article 2. Legislation of Turkmenistan on scientific intellectual property

The legislation of Turkmenistan on scientific intellectual property is based on the Constitution of Turkmenistan and consists of the Civil code of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan governing the relations connected with scientific intellectual property.

Article 3. Coverage of this Law

1. This Law governs the relations arising in the sphere of scientific intellectual property, determines forms of copyright of objects of scientific intellectual property and is directed to protection of the rights when using these objects.

2. Operation of this Law does not extend to the relations connected with the creation of computer programs, information bases, inventions, useful models, industrial designs, achievements of selections, topology of integrated chips, the objects which are trade secrets which are result of scientific intellectual property which arose in the course of scientific activities.

Article 4. Purposes of this Law

The purposes of this Law are:

1) strengthening of bases of effective development of scientific intellectual and innovative activities;

2) providing conditions for creation of objects of scientific intellectual property;

3) ensuring protection of the rights to objects of scientific intellectual property.

Article 5. Forms of objects of scientific intellectual property

1. The objects of scientific intellectual property created or received in the course of carrying out scientific works on intermediate, final and to by-product belong to scientific intellectual property.

2. The objects provided by office task or the agreement, created or received in the course of carrying out scientific works, but which are not their result belong to the results having intermediate nature.

3. The objects provided by office task or the agreement, created or received following the results of the carried-out scientific works belong to the results having final nature.

4. The objects created or received in the course of the scientific works which are carried out on office task or the agreement, but not provided by office task or the agreement, and suitable for use only for the purpose of, differing from those which are subject of office task or the agreement belong to the results having collateral nature.

5. Objects of scientific intellectual property can be provided in any form, are applied on any carriers known now or which will be created in the future.

Article 6. Main legal signs of object of scientific intellectual property

1. The main legal signs of object of scientific intellectual property are creative nature, novelty and objective form of its expression.

2. Object of scientific intellectual property has creative nature if its creation is caused by intellectual creative activities of the author (coauthors).

Article 7. Right of scientific intellectual property and basis for its origin

1. The right of scientific intellectual property consists in the possibility of the owner acknowledged and protected by the law to own, use and dispose at discretion of objektivirovanny forms of results of scientific works. Nobody can use them without the permission of his author, the owner. Their limited use without the consent of the author in the scientific purposes (in the thesis, the monograph, the scientific article and other scientific work) in certain procedure is allowed on the bases established by the legislation with reference to the author.

2. Implementation of the right of scientific intellectual property shall serve the humane purposes, not violate the right, legitimate interests of physical persons and legal entities and not cause environmental damage.

3. The right of scientific intellectual property arises on the basis:

1) obtaining and uses of objektivirovanny intermediate and resulting effects of scientific works in various forms;

2) realization of the received results by the conclusion of the special agreement (agreement);

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info