Turkmenistan Amends IP Legislation

Turkmenistan Amends IP Legislation

The law amending the Civil Code’s Part 4 entered into force in Turkmenistan on January 19, 2012.

The previous version of Part 4, titled “Author’s Rights”, was the main legal act on copyright and related rights in Turkmenistan, while the issues related to trademarks, patents and industrial designs were regulated by separate legal acts, which still remain in force.

The new Part 4 is titled “Legislation on Intellectual Property” and it outlines the legislative basics for the entire IP area, including copyright and related rights, database rights, patents, industrial designs, semiconductor topographies, selection achievements, trademarks and commercial names.

The new Part 4 also outlines the basics for IP licensing and assignment agreements, including the provisions on compulsory licensing and collective management of IP rights.

Finally, the new Part 4 provides legal remedies related to IP rights infringement. In particular, the new legislation clearly indicates the types of claims that the IP rights owner can file before the court.

In view of the replacement of the old Part 4 of the Civil Code, the Turkmenistan parliament adopted a separate copyright and related rights law, which entered into force on January 20, 2012.