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The document ceased to be valid since July 1, 2023 according to Article 1350 of the Civil code of the Republic of Tajikistan of December 24, 2022 No. 1918

CIVIL CODE OF THE REPUBLIC OF TAJIKISTAN

of March 1, 2005

Part three

(as amended of the Law of the Republic of Tajikistan of 03.07.2012 No. 840)

Section V. Intellectual property

Chapter 57. General provisions about intellectual property

Article 1125. Concept of intellectual property

1. Intellectual property are the property and (or) personal non-property rights concerning results of intellectual activities, means of individualization of participants of civil circulation, individualization of products, the performed works or services (means of individualization), and also other objects equated to them.

Content, the origin bases, procedure and the terminations of the property and personal non-property rights concerning separate intellectual property items are determined by this Code and other laws.

2. This Code establishes main types of intellectual property items and determines the general beginnings of regulation of the related property and personal non-property relations.

3. Regulations of this Code, in particular regulations on obligations and agreements are applied to the relations of intellectual property if other is not provided by the laws and does not follow from being of the regulated relations.

Article 1126. Objects of intellectual property right

Treat objects of intellectual property right:

1) results of intellectual creative activities:

- works of science, art and literature, including programs for electronic computers, computers and the database;

- execution, soundtracks, organization of transfers of on-air or cable broadcasting;

- inventions, useful models, industrial designs;

- selection achievements;

- topology of integrated chips;

- the data which are official or trade secret.

2) means of individualization of participants of civil circulation, goods, works or services:

- trade names;

- trademarks and service marks;

- names of places of goods origin and indication of origin.

3) other results of intellectual activities and means of individualization equated to them protected according to the laws and international legal the acts recognized by the Republic of Tajikistan.

Article 1127. Emergence of intellectual property right

The intellectual property right on the corresponding objects results from their creation either the beginning of use, or state registration, and also on other bases provided by the laws or international legal acts recognized by the Republic of Tajikistan.

Article 1128. Content of intellectual property right

1. The owner of intellectual property right possesses exclusive rights concerning result of intellectual activities or means of individualization which are protected in the relation of all and everyone.

2. Exclusive rights on result of intellectual activities or means of individualization include personal non-property and property competences which structure in relation to specific intellectual property items is determined by the law taking into account provisions of this Code.

3. The rights of owners of intellectual property rights can be limited to the law. Such restrictions shall not cause damage to normal use of intellectual property items and violate the personal non-property rights of the author.

Article 1129. Intellectual property right and property right to the material carrier

1. Intellectual property rights do not depend on the property right or other corporeal rights to the material carrier in which the intellectual property item is expressed.

2. Transition of the property right to the material carrier of result of intellectual activities or means of individualization in itself does not attract transfer or provision of any rights to use the corresponding intellectual property item expressed in this carrier if other is not established by the law.

3. Implementation by the owner or any other person of the rights concerning the material carrier in which the intellectual property item is expressed shall not violate the rights and interests of owners of the property and personal non-property rights protected by the law to such object.

Article 1130. Personal non-property rights

1. The copyright, the right addressed to and other personal non-property intellectual property rights are performed and protected according to this Code and other laws.

2. The personal non-property rights entering intellectual property right and provided by the relevant laws do not depend on property rights, cannot be transferred to other persons and are protected is termless.

3. The complete or partial refusal of the creator (the author, the contractor) of result of creative activities of the personal non-property rights to such result belonging to it is insignificant.

4. In the cases provided by the law, separate personal non-property intellectual property rights can be recognized for legal entities.

Article 1131. Property rights of intellectual property

1. The owner of property rights of intellectual property has the right to perform, permit and forbid at discretion use of the corresponding intellectual property item in any manner and in any form if it is not forbidden by this Code or other laws.

2. Property rights concerning intellectual property item can belong to one person or several persons jointly. In the cases provided by the law, property rights concerning the same intellectual property item can belong to different persons and be performed by them independently from each other.

3. Relations on use of intellectual property item, the rights to which belong to several persons jointly, are determined by the agreement between them. In the absence of such agreement the dispute on implementation of property rights of intellectual property is resolved judicially.

Article 1132. Effective periods of property rights

1. Effective periods of property rights concerning separate types of intellectual property items, procedure for their calculation, the basis and procedure for their prolongation or recovery, and also the basis and procedure for early termination of action of such rights are established by the law.

2. After effective period of property rights, and also in case of early termination of action of such rights the corresponding intellectual property item turns into public property.

3. The owner of property rights can make the decision on early termination of their action and transition of the corresponding intellectual property item to public property if other is not established by the law and if at the same time the rights and interests of other persons protected by the law are not violated.

Article 1133. Transition of property rights

1. Property rights on intellectual property items can be transferred to other persons under the agreement or pass to them based on the law.

2. The agreements connected with transfer of property rights on intellectual property items shall be made in the written or provided by the law other form.

3. The conditions of agreements worsening situation of owners of intellectual property right are recognized invalid.

4. By the law state registration of the certain agreement types connected with transfer of property rights on intellectual property items and also other cases of transition of the rights to such objects can be established.

Article 1134. Office intellectual property items

1. Property rights on the intellectual property item created by the worker in connection with accomplishment of service duties or office task of the employer (office intellectual property item) belong to the employer if other is not established by the law or it is not provided by the contract between the worker and the employer.

2. The worker who created office intellectual property item possesses the personal non-property rights to such object and the right to remuneration, the size which conditions and payment procedure are determined by the contract between the worker and the employer if other is not established by the law.

3. In the cases and procedure established by the legislation, the rights specified in Item 1 of this Article can pass to the worker who created office intellectual property item.

Article 1135. The rights to the intellectual property items created in case of accomplishment of public contracts (orders)

1. Property rights on the intellectual property item created according to the public contract (order) for the state needs belong to the Republic of Tajikistan if the public contract (order) does not provide other.

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