of February 28, 2004 No. 17
About inventions
This Law regulates the property and related personal non-property relations arising in connection with creation, legal protection and use of inventions in the territory of the Republic of Tajikistan.
The concepts used in this Law make the following sense:
- the statement - set of the documents determined by this Law, represented to Patent authority for receipt of the security document;
- the patentee - physical person or legal entity addressed to which the security document is issued;
- the invention - the new technical solution allowing to solve specific problems in the industry and other fields of activity of the person;
- the license - provision by the patentee to other legal entity or physical person of the right to work the inventions protected by patents;
- the patent agent - the citizen of the Republic of Tajikistan who according to the legislation is granted the right to representation of physical persons and legal entities before Patent authority;
- objects of industrial property - the invention, industrial designs and useful models which are product of intellectual activities of the person;
- invention prototype - invention analog, the closest to it on set of essential signs;
- The Parisian Convention - the Parisian Convention on protection of industrial property of March 20, 1883 with subsequent changes and amendments;
- the description of the invention - the document of the statement in which the invention reveals;
- invention formula - the document of the statement constituted on the basis of the description of the invention and containing set of essential signs of the invention:
- patentability conditions - the conditions of provision of legal protection provided by this Law to the invention;
- invention analog - the means of the same appointment characterized by the set of signs similar to set of essential signs of the invention;
- security documents - the patents and small patents granted according to this Law.
The legislation of the Republic of Tajikistan on inventions 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.
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, adopts statements on objects of industrial property, carries out on them expertize, performs state registration and the official publication of data on objects of industrial property, issues security documents, and also performs other functions according to constituent documents of Patent authority.
Under Patent authority Appeal council which is obligatory primary body for 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 legislation of the Republic of Tajikistan and Regulations on Appeal council.
Financing of Patent authority is performed at the expense of means of the Government budget, procedural payment, and also means received from rendering patent and information services.
The right to the invention is protected by the state and makes sure the patent or the small patent for the invention (further - security documents).
The patent for the invention is granted after conducting examination in essence according to the application for the grant of a patent and affects within twenty years, since date of filing of application the invention in Patent authority.
The small patent for the invention is granted after conducting preliminary expert examination according to the statement on issue of the small patent and affects within ten years from the date of filing of application the invention in Patent authority.
The security document for the invention certifies priority, authorship and exclusive right to use of the invention.
Effective period of the security document for the invention relating to medicines, pesticides and agrochemicals which use in the procedure established by the legislation of the Republic of Tajikistan requires the registration certificate of medicine of relevant organ is prolonged according to the petition of the owner of the security document by Patent authority if from the date of filing of application on receipt of the security document for the invention before receipt of this certificate there passed more than four years.
The specified term is prolonged for time which passed from the date of filing of application on issue of the security document for the invention about day of receipt of the registration certificate of medicine on application of product less four years, but no more than for five years.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.