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Ministry of Justice

Republic of Tajikistan

On December 10, 2012 No. 849

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 3, 2012 No. 687

About the Development program of potential and intellectual property of the person for the period till 2020

According to Article 7 of the Law of the Republic of Tajikistan "About the state forecasts, concepts, strategy and programs of social and economic development of the Republic of Tajikistan" and for the purpose of enhancement of national system of support, development of protection and protection of intellectual property and management of it, creating favorable conditions for use and commercialization of intellectual property items, the Government of the Republic of Tajikistan DECIDES: stimulations of innovative and inventive and creative activities, fixing of priority of scientific and technical achievements of domestic scientists, prevention of turnover of counterfeit and counterfeited products

1. Approve the Development program of potential and intellectual property of the person for the period till 2020 it (is applied).

2. To the ministries and departments of the Republic of Tajikistan, executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and regions of the Republic of Tajikistan to take necessary measures for implementation of this Program within the annual financial resources provided by them in the Government budget.

3. To the Ministry of economic development and trade of the Republic of Tajikistan together with the relevant ministries and departments annually till March 1 to submit to the Government of the Republic of Tajikistan the report on the course of accomplishment of this Program.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

 

Approved by the Order of the Government of the Republic of Tajikistan of December 3, 2012 No. 687

The development program of potential and intellectual property of the person for the period till 2020

Introduction

1. The basis for development of the Development program of potential and intellectual property of the person for the period till 2020 (further - the Program) is Item 22 of the order of the Government of the Republic of Tajikistan of January 24, 2012, No. 34 "About results of social and economic development of the Republic of Tajikistan in 2011 and tasks for 2012", and Item 16 of the Actions plan on accomplishment of the instructions and orders of the President of the Republic of Tajikistan dear Emomalii Rahmon expressed at meeting with teachers and students of higher educational institutions devoted Knowledge Day at Technological university of Tajikistan on September 1, 2011.

2. The program represents set of the legislative, structural, organizational and functional Sections providing support and development of intellectual activities, effective protection of intellectual property.

1. Reasons for need of adoption of the Development program of potential and intellectual property of the person for the period till 2020

3. After declaration of the State independence in the Republic of Tajikistan the new stage of development of the Tajik society began. The state needs to pay special attention to questions of development of intellectual potential and intellectual property. In the modern world when the science and technologies intensively develop, development of intellectual potential and intellectual property in each country is guarantor of ensuring its economic safety and development of innovative economy. Strategic task of the Republic of Tajikistan is gradual transition of economy to innovative way of development. State policy of the Republic of Tajikistan is directed to stimulation of development of potential of the person and intellectual creativity.

For years of the State independence of the Republic of Tajikistan the Government of the country took measures for maintenance of intellectual potential, development of intellectual and innovative activity and creativity, protection of intellectual property. The determining document in this sphere is the Constitution of the Republic of Tajikistan (2003). Affirms as article 40 of the Constitution: "Everyone has the right to free participation in cultural life of society, art, scientific and technical creativity and to use their achievements. Cultural and cultural wealth is protected by the state. The intellectual property is under protection of the law".

4. In the Republic of Tajikistan it is created and the National system of protection of intellectual property functions. According to the order of the Government of the Republic of Tajikistan of May 29, 1993, No. 242 for the purpose of protection of state interests in the field of inventions, industrial designs, trademarks and service marks, coordination of inventive work in the republic under the Ministry of Economics of the Republic of Tajikistan formed Public institution National patent information center. And also, the resolution Government of the Republic of Tajikistan of December 28, 2006, No. 604 for the purpose of protection of the rights and legitimate interests of authors in the Republic of Tajikistan and uses of works of citizens of the republic abroad under the Ministry of Culture of the Republic of Tajikistan was founded Department of the right, protection of the rights of authors and related rights.

In this direction more than 18 laws and 9 orders of the Government of the Republic of Tajikistan meeting standards of codes - civil, criminal, customs and are adopted about the administrative responsibility. Tens of subordinate legislations in the form of various provisions, rules specifying the relations on separate intellectual property items determining the state policy in the field of science directed to support of scientific potential and priority scientific research, intellectual and innovative activities on taking measures to protection of intellectual property are also accepted including:

- The law of the Republic of Tajikistan "About science and the state scientific and technical policy";

- The law of the Republic of Tajikistan "About Academy of Sciences of the Republic of Tajikistan";

- The law of the Republic of Tajikistan "About innovative activities";

- the order of the Government of the Republic of Tajikistan "About approval of Strategy of the Republic of Tajikistan in the field of science and technologies for 2007-2015";

- the order of the Government of the Republic of Tajikistan "About approval of the Program of integration of science and the higher education of the Republic of Tajikistan for 2010-2015";

- the order of the Government of the Republic of Tajikistan "About approval of Strategy of the Republic of Tajikistan in the field of science and technologies for 2011-2015";

- the order of the Government of the Republic of Tajikistan "About approval of the Program of innovative development of the Republic of Tajikistan for 2011-2020".

The aspects having a direct bearing on problems of innovative development in the country, stimulations of inventive activity and protection of intellectual property are reflected in the listed documents in certain measure.

So, in the Program of innovative development of the Republic of Tajikistan for 2011-2020, in the Section 5 "Involvement of Scientific Potential in Innovative Processes" the attention to need of taking measures to improvement of all system of inventive activities for the country is especially focused: "It is necessary to make a lot of things for improvement of the organization of patent researches, patent and legal and licensed work and support of the scientific, scientific and technical workers who are engaged in inventive activities, considering that inventive activities and practical use of inventions are one of the important factors causing the level of innovative activity".

In the Republic of Tajikistan number of the laws regulating some types of intellectual and innovative activities is accepted:

- "About copyright and the related rights";

- "About industrial designs";

- "About inventions";

- "About legal protection of topology of integrated chips";

- "About the competition and restriction of exclusive activities in the goods markets";

- "About geographical instructions";

- "About trademarks and signs of rendering services";

- "About seed farming";

- "About protection of grades".

In the Part third of the Civil code of the Republic of Tajikistan (2005) the Section "Intellectual property" is included.

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