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Ministry of Justice

Republic of Tajikistan 

 On June 12, 2014 No. 480


of June 3, 2014 No. 371

About the National strategy of development for intellectual property of the Republic of Tajikistan for 2014-2020

According to article 6 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" the Government of the Republic of Tajikistan decides:

1. Approve the National strategy of development for intellectual property of the Republic of Tajikistan for 2014-2020 it (is applied).

2. To the Ministry of economic development and trade of the Republic of Tajikistan together with other relevant ministries and departments to take necessary measures for implementation of the National strategy of development for intellectual property of the Republic of Tajikistan.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of June 3, 2014 No. 371

The national strategy of development for intellectual property of the Republic of Tajikistan for 2014-2020

1. Introduction

The national strategy of development for intellectual property for 2014 - 2020 (further - Strategy) determines current status and further development of national system of intellectual property, the purpose, task and specific measures in this area.

This Strategy is aimed at providing realization of the main priorities of social and economic policy and determines the further purposes and the directions of state policy and tasks corresponding to them in the field of intellectual property.

This Strategy is intended to promote development of creativity, invention, entrepreneurship and approval of the country as the equal partner on the international scene, to creation of the social and economic, cultural, organizational and legal basis for integration of national intellectual potential into regional and international potentials.

Special attention is paid to measures for further development of national system of intellectual property in the field of training, training, and also on informing civil society on role of intellectual property, stimulation and protection of achievements of scientific research and protection of intellectual property rights.

Along with certain achievements, the Republic of Tajikistan continues to face number of problems in the field of intellectual property which number treat:

- insufficient use of results of intellectual creativity and innovative activities which constitute fundamentals of the competitive economy based on knowledge;

- violation of copyright and related rights and turnover of counterfeit goods that poses threat for economic safety of the country and to health of the domestic consumer and violates the international obligations of the Republic of Tajikistan;

- insufficient efforts of owners of intellectual property items on protection of the rights that considerably reduces efficiency of application of measures for protection of intellectual property rights;

- insufficient use of intellectual property items by small and medium scale enterprises as the instrument of development of the business;

- large number of cases of unfair competition;

- low level of awareness in the field of intellectual property among various national groups;

- divergence of the organizations of collective management of property rights.

Need of ensuring reliable protection and protection of intellectual property is caused by negative political and economic consequences of trade in counterfeit products for the countries both on international, and at the national level as, eventually, not receipt of taxes in the budget, blasting the legal industry, delay and decrease in processes of creation of intellectual property items and their drawing into economic circulation, reducing workplaces, undermining authority of the state, and also decrease in level of investments of the foreign companies and states, both in separate industries, and in national economy in general is consequence of it.

In general, now the intellectual property is not major factor of economic, social and cultural development of the country.

Now, the task of strengthening of role of the state concerning intellectual property as source of the national wealth belonging to individuals and which directly provides national interests in case of introduction in economic circulation is particularly acute.

The role of the state in development of innovative activities does not come down only to direct support (financing). The main state regulation machineries are methods of stimulation of the market of the knowledge-intensive products, innovative entrepreneurship, activization of updating of fixed assets and implementation of new technologies in the industries, creation of infrastructure of support, the financial mechanism of functioning of venture capital and the stock market of the high-technology companies.

The lack of incentives for closer contacts between the state scientific organizations, the industry and business for the purpose of knowledge sharing continues to remain problem for Tajikistan. Interaction of private sector, the industry and science should be encouraged actively by means of the legislative reforms and actions promoting mobility of scientists and partnership of the state and private enterprises.

Experience of the countries which made great progress in sciences/innovations (the USA, Israel, Finland, Japan, Singapore, the Republic of Korea, etc.) shows that not only state investments, but also attraction of private equity into scientific infrastructure and basic and applied researches became one of the major factors.

At the same time, it is necessary to allocate the following functions of the state in this direction:

- stimulation of inventive activities, insurance of innovative risks, introduction of the state sanctions for release of obsolete products;

- creation of the legal base of commercialization of intellectual property and innovative processes;

- staffing;

- forming of scientific and innovative infrastructure. At the same time in the field can be forms of the state support:

- provision to individual inventors and small implementation enterprises of non-interest bank loans;

- creation of the venture innovative funds using considerable tax benefits;

- realization of the rights to accelerated depreciation of the equipment;

- creation of network of technopolises, science and technology parks, etc.

Public financing needs to be directed on support of scientific research, first-priority, priority for Tajikistan, which shall be selected on competitive basis taking into account resulting effect.

The research organizations for the purpose of commercialization of the developments should involve experience and knowledge of the leading developed countries through joint projects to achievement of success and receipt of real results.

Proceeding from the aforesaid, the purpose of Strategy in intellectual property is creation of necessary conditions for development of protection, protection, management of use of capacity of intellectual property that, in turn, will promote development of the national competitive economy based on knowledge and innovations.

In case of development of this Strategy the relevant documents concerning intellectual property including the Management of the World Intellectual Property Organization (WIPO) on development of national strategy of intellectual property for countries with economies in transition are analysed and considered.

2. Purposes and tasks of strategy

1. Main objectives of Strategy are:

- in the short-term and medium term (2014-2016) - completion of forming of national system of the intellectual property promoting development of economy, culture and society;

- in the long term (2017-2019) - integration of system of intellectual property in socially - economic policy of the state, and on this basis increase in competitiveness of economy of the Republic of Tajikistan.

2. Taking into account short-term, medium-term and long-term goals within strategy implementation the solution of the following main objectives is necessary:

- enhancement of the legislation in the field of intellectual property;

- development of infrastructure in the field of intellectual property;

- development of the functional directions in the field of management of intellectual property (ensuring protection, assessment, etc.);

- enhancement of work in the field of management of intellectual property at the departmental (industry) level, in scientific and educational institutions, creative, commercial and industrial bodies;

- educational development in the field of intellectual property at all levels (except for initial), including preparation and retraining of personnel;

- development of national branding;

- development of mechanisms of access of society to world achievements in science, literature and art for the purpose of ensuring strong social economic rise;

- enhancement of mechanisms of fight against offenses in the field of intellectual property, increase in level of legal knowledge of the population in the field, and also strengthening of activities of relevant organs for fight against illegal production and distribution of counterfeit goods and piracy works.

- development of the international, regional and bilateral cooperation in the field of intellectual property.

3. The current state of intellectual property in the Republic of Tajikistan

3. The market economy cannot be provided without effective system of protection and protection of intellectual property. The fact that the Republic of Tajikistan attaches importance to question of protection of intellectual property is obvious. Confirmation to that is the provision of article 40 of the Constitution of the Republic of Tajikistan where it is noted that "the intellectual property is under protection of the law".

4. In spite of the fact that the Republic of Tajikistan achieved certain results in this direction in recent years, there is number of difficulties and problems which interfere with development and further integration of intellectual property into national economy.

5. Lack of coordination between the bodies concerning this sphere, lack of knowledge and understanding of the most part of the population of this sphere are examples of such difficulties and problems.

6. One of factors of development of industry first of all is stimulation of creativity, invention, innovation and explanation of essence of use of intellectual property items among various national groups. Unfortunately, this important factor did not gain still due development.


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