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The document ceased to be valid since June 8, 2023 according to article 20 of the Law of Turkmenistan of June 3, 2023

LAW OF TURKMENISTAN

of September 23, 1994 No. 964-XII

About legal protection of algorithms, programs for electronic computers, databases and topology of integrated chips

(as amended on 09-06-2018)

Chapter I. General provisions

Article 1. Basic concepts

1. The basic concepts applied in this Law:

the algorithm is unambiguous productive description of the sequence of actions for the solution of certain task;

the computer program is objective form of representation of data set and the teams intended for functioning of the electronic computers (EC) and other computer devices for the purpose of receipt of certain result. The computer program is implied as also preparatory materials received during its development, and the audiovisual displays generated by it;

the database is objective form of representation and the organization of data set (for example: Articles, calculations) systematized so that these data could be found and processed by means of EVM;

adaptation of the computer program or database is modification, performed only for the purpose of ensuring functioning of the computer program or the database on specific technical means of the user or under control of specific programs of the user;

modification (conversion) of the computer program or database are the any their changes which are not adaptation;

decompiling of the computer program is the technique including transformation of object code to the source text for the purpose of studying of structure and coding of the computer program;

reproduction of the computer program or database is production of one or more copies of the computer program or database in any material form, and also their record in computer memory;

distribution of the computer program or database is provision of access to the computer program reproduced in any material form or the database, including network and different ways, and also by sale, hire, letting, lending, including import, for any of these purposes;

appearance (publication) of the computer program or base dannykheto provision of copies of the computer program or database with the consent of the author to the uncertain group of people (including by record in computer memory and release of the printing text);

use of the computer program or database is appearance, reproduction, distribution and other actions for their introduction in economic circulation (including in the modified form);

commercial use is sale, letting or different way of commercial distribution, and also the offer to perform these actions. Further in the text of this Law use is understood as commercial use, unless otherwise specified;

the integrated chip is the microelectronic product of final or intermediate shape intended for accomplishment of functions of the electronic scheme, elements and which communications are unseparably created in amount and (or) on the surface of material on the basis of which the product is made;

the topology of integrated chip (topology) is the spatial and geometrical arrangement of set of elements of integrated chip and communications fixed on the material carrier between them.

2. The owner in this Law is understood as the author, his heir, and also any physical person or legal entity which has the exclusive property rights acquired by law or agreements.

Article 2. The relations regulated by this Law

1. This Law governs the relations connected with creation, legal protection and use of algorithms, the computer programs, databases and topology of integrated chips.

2. Algorithms, the computer programs, databases and topology of integrated chips belong this Law to copyright objects.

Legal protection as to works of scientific literature, and databases - as to scientific collections is provided to algorithms, the computer programs and topology of integrated chips.

Article 3. Object of legal protection

1. Copyright extends to any algorithms, the computer programs, databases and topology of integrated chips both issued, and not published, provided in objective form irrespective of their material carrier, appointment and advantage.

2. Copyright extends to algorithms, the computer programs, databases and topology of integrated chips which are result of creative activities of the author. Creative nature of activities of the author is supposed until proved otherwise.

3. The legal protection provided by this Law extends to all types of the computer programs (including to operating systems and program complexes) which can be expressed in any language and in any form.

4. The legal protection provided by this Law extends to the databases representing result of creative activity on matching and data structure. Databases are protected irrespective of whether data on which they are based or which they include, are copyright objects.

5. The legal protection provided by this Law extends also to the ideas and the principles which are the cornerstone of algorithm, the computer programs, the database or their any element including to the ideas and the principles of the organization of the interface, and also programming languages.

6. The legal protection provided by this Law does not extend to topology which set of elements is well-known to developers and manufacturers of integrated chips for date of its creation.

7. Copyright of algorithms, the computer programs, databases and topology of integrated chips is not connected with the property right to their material carrier. Any assignment of rights on the material carrier does not involve transfer of any rights to algorithms, the computer programs, databases and topology of integrated chips.

Article 4. Conditions of recognition of copyright. Copyright of algorithm, computer program, database, topology of integrated chip

1. Copyright of algorithm, the computer program, the database and topology of integrated chip arises owing to their creation.

Recognition and implementation of copyright of the computer program or the database do not require deposition or registration.

Copyright of the database consisting of the materials which are not copyright objects belongs to persons who created the database.

Copyright of the database is recognized on condition of observance of copyright of each of the works included in this database.

Copyright of each of the works included in the database remains. These works can be used irrespective of such database.

Copyright of the database does not interfere with other persons to perform independent matching and the organization of the works and materials entering this database.

2. The owner for the notification about the rights can, since the first appearance of algorithm, the computer program, the database or topology of integrated chip to use the sign of protection of copyright consisting of three elements:

letters C in circle or in parentheses;

name (name) of the owner;

years of the first release of the computer program or database to the public.

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