Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF TAJIKISTAN

of February 28, 2004 No. 16

About industrial designs

(as amended on 02-01-2019)

This Law regulates the property and related personal non-property relations arising in connection with creation, legal protection and use of industrial designs in the territory of the Republic of Tajikistan.

Section 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- The Parisian Convention - the Parisian Convention on protection of industrial property, of March 20, 1883 with subsequent changes and amendments;

- the ergonomic scheme - the scheme reflecting ratio of the sizes of object of industrial design in the "person-the machine" system;

- the konfektsionny card - samples of textile and knitted fabrics, skin, accessories, the finishings, etc. recommended for production of product (it is constituted in case of filing of application on the industrial design relating to light industry);

- the statement - the official periodical of state body on protection of objects of industrial property:

- patentability conditions - the conditions of provision of legal protection determined by this Law to industrial design.

Article 2. Legislation of the Republic of Tajikistan on industrial designs

The legislation of the Republic of Tajikistan on industrial designs is based on the Constitution of the Republic of Tajikistan and consists of the Civil code of the Republic of Tajikistan, this Law and other regulatory legal acts of the Republic of Tajikistan, and also international legal acts recognized by the Republic of Tajikistan.

Article 3. State body on protection of objects of industrial property

The state body on protection of objects of industrial property (further - Patent authority) provides realization of single state policy in the field of legal protection of objects of industrial property, in particular industrial designs, adopts the statement on industrial designs, carries out on them expertize, performs state registration and the official publication of data on industrial designs, grants patents for industrial designs, and also performs other functions assigned to it.

Under Patent authority Appeal council which is obligatory primary administrative authority on permission of the matters of argument relating to legal protection of objects of industrial property is effective. Appeal council performs the powers on the basis of the current legislation and Regulations on Appeal council approved by the head of Patent authority.

Article 4. Representation

The physical persons who are constantly living outside the Republic of Tajikistan, either foreign legal entities, or their representatives run business with Patent authority through the patent agents registered in Patent authority and authorized by the power of attorney. The citizen of the Republic of Tajikistan who is constantly living in its territory whose qualification level conforms to qualifying standards can be the patent agent.

As the patent agent there can be citizen of the Republic of Tajikistan who is constantly living in the territory of the Republic of Tajikistan whose qualification level conforms to the established requirements.

Section 2. Industrial design and its legal protection

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