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Ministry of Justice

Republic of Tajikistan 

 On August 5, 2014 No. 610

LAW OF THE REPUBLIC OF TAJIKISTAN

of July 26, 2014 No. 1123

About rationalization activities

This Law determines legal, organizational and economic basis of rationalization activities and governs the public relations connected with such activities.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- rationalization activities - the creative activities performed by physical person or group of persons, directed to enhancement of goods and products, the equipment and the production technology which use promotes economy of labor, material, financial resources and improvement of working conditions and ecology;

- improvement suggestion - the offer recognized by the legal entity which contains the technical or organizational solution in any field of activity;

- the author of improvement suggestion - physical person or group of persons, which creative activity developed improvement suggestion;

- the statement on improvement suggestion - the written statement of the offer constituted with observance of the established requirements of this Law;

- the certificate of the rationalizer - the document confirming priority of improvement suggestion, authorship to it and the right to award.

Article 2. Legislation of the Republic of Tajikistan on rationalization activities

The legislation of the Republic of Tajikistan on rationalization activities is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by Tajikistan.

Article 3. Improvement suggestion

1. Improvement suggestion is recognized:

- the technical solution providing the enhancement of design of goods and products, the used equipment, the production technology or structure of goods and products which is new and useful to the company to which it is given;

- the organizational decision new to the company and promoting economy of labor, material, financial, fuel and energy, raw material and other resources, and also improvement of working conditions and ecology.

2. Improvement suggestion can be individual or collective.

3. Individual improvement suggestion is the offer developed by one physical person, collective improvement suggestion is the offer developed by two or more physical persons.

4. The physical person or group of persons can possess unrestricted number of improvement suggestions.

Article 4. Legal protection of improvement suggestion

1. The right to improvement suggestion is recognized and protected by this Law and other legal acts of the Republic of Tajikistan, is effective within the company which recognized the submitted proposal rationalization and is confirmed by the certificate of the rationalizer.

2. The amount of legal protection of improvement suggestion is determined by its description, and also drawings if they are provided.

Article 5. Conditions of protectability of improvement suggestion

1. Improvement suggestion is recognized brevetable if it is new and useful: for the company the technical or organizational solution.

2. Offers are not recognized brevetable if:

- reduce reliability and durability of designs, safety of the population and the territory in emergency situations, do not conform to requirements for sanitary providing workers, environment protection, fire safety, labor safety, and also other indicators of national and international standards;

- are symbols, rules, Normative and methodical materials;

- only set the task or determine possible effect of application without specifying of the specific decision;

- procedures and morals contradict requirements public;

- are developed technical or scientists of the research, project, design, technology companies or divisions of similar profile of other companies in the course of accomplishment of office tasks or the related contract works.

3. The procedure for reference of offers to number developed in the course of accomplishment of office task is established by the company.

Article 6. Copyright on improvement suggestion

1. The copyright on improvement suggestion is inaliennable law of persons and is protected is termless.

2. If improvement suggestion is developed two or more physical persons, each of them is his coauthor and the copyright on this offer belongs to each of them.

3. The list of coauthors of improvement suggestion is determined on the basis of the mutual agreement of all faces included in the submitted application. Change of list of coauthors after filing of application is not allowed. In exceptional cases, if there is no dispute on copyright and the decision according to the offer is not made yet, the question of change of list of coauthors can be considered by the company.

4. The procedure for use of copyright on improvement suggestion is established by coauthors in the agreement between them.

5. The physical person which rendered to the author only technical, organizational or financial support in development of this offer or to registration of the rights to this offer only promoting or its use is not recognized production by the coauthor of improvement suggestion.

6. Assignment of copyright or coercion to co-authorship is forbidden.

7. If improvement suggestion was developed by several physical persons separately from each other, then the copyright belongs to that from them which statement has earlier receipt date.

8. The rights of the author of improvement suggestion concerning which the legal succession is allowed pass to his beneficiaries under a will or according to the legislation of the Republic of Tajikistan.

Article 7. Use of improvement suggestion

1. The improvement suggestion relating to design of goods and products, the used equipment, the production technology or structure of goods and products is recognized used from the date of production or application in the form of to the made (operated) products.

2. Improvement suggestion which promotes economy of labor, material, financial, fuel and energy, raw material and other resources, and also improvement working condition and ecology is recognized used from the date of the beginning of its application.

3. Use of improvement suggestion is confirmed by the relevant statement which is drawn up not later than after month since the beginning of use of this offer.

Chapter 2. Registration of copyright on improvement suggestion

Article 8. Filing of application

1. For recognition of the offer rationalization the author submits the application of the established sample to management of the company to which activities the offer belongs.

2. The statement is constituted separately according to each technical or organizational solution.

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