of October 23, 2008 No. 220-III
About inventions and industrial designs
This Law governs the relations arising in connection with legal protection and use of inventions and industrial designs.
In this Law the following basic concepts are used:
Parisian convention - The Parisian convention on protection of industrial property of March 20, 1883.
Agreement on patent cooperation (RUTI) - The agreement on patent cooperation of June 19, 1970 (RUTI - Patent Cooperation Treaty).
Eurasian patent convention - The Eurasian patent convention on protection of inventions which became effective on August 12, 1995.
Objects of industrial property - in relation to this Law of the invention and industrial designs.
The invention - the technical solution of task which is new, having the inventive level and industrial applicability.
Industrial design - the art and design decision determining appearance of industrial product.
Person - physical person or legal entity.
The applicant - the person who submitted the application for the invention, industrial design and applying for receipt of the patent (the limited patent).
The request for the invention, industrial design - set of the documents necessary for receipt of the patent (the limited patent) for the invention, industrial design.
The selected request - the request for the invention, industrial design repeating part of earlier submitted application of the same applicant, provided to Public service on intellectual property of the Ministry of Economics and development of Turkmenistan (further - Turkmenpatent) on own initiative the applicant or upon the demand of examination in view of violation in the initial request of the requirement of unity of the invention, industrial design.
The first request - the application for object of industrial property submitted to relevant organ of the State Party of the Parisian convention by which date of giving the conventional priority is established.
The conventional request - the request for object of industrial property with purchase of conventional priority.
The international request - the application for the invention submitted according to the Agreement on patent cooperation (RUTI).
The Eurasian request - the application for the invention submitted according to the Eurasian patent convention.
Priority of the invention, industrial design - superiority in time in implementation of application for the invention, industrial design.
Conventional priority - the priority of the invention or industrial design established by date of submission of the first request in relevant organ of the State Party of the Parisian convention.
Invention formula - set of the signs of the invention expressing its essence and determining amount of legal protection.
Competent authority of examination - the department having the status of Competent authority of the international preliminary expert examination.
The patent (the limited patent) for the invention, industrial design - the security document of Turkmenistan certifying priority, authorship and exclusive right of the patentee to the invention, industrial design.
The patentee - person having exclusive right on the patented invention, industrial design.
The employee invention, office industrial sample invention, industrial design created by the worker in connection with accomplishment by it of the service duties or specific task of the employer.
Patent concession (the limited patent) - assignment of rights on the invention, industrial design its owner to other person based on the agreement.
The license for the invention, industrial design - permission to use of the invention, industrial design issued by the owner to other person according to the license agreement.
Counterfeit goods - goods in which the patented invention, industrial design is illegally worked.
The patent agent - the citizen of Turkmenistan who is constantly living in its territory, certified and registered in Turkmenpatenta and representing on professional basis the interests of physical persons and legal entities in acquisition of rights and protection of the rights to objects of industrial property.
1. State regulation in the field of protection of objects of industrial property is performed by Public service on intellectual property of the Ministry of Economics and development of Turkmenistan (further - Turkmenpatent).
Туркменпатент according to the competence:
- takes cognizance of requests for inventions, industrial designs, carries out on them expertize and performs registration of inventions and industrial designs;
- issues security documents of Turkmenistan and keeps the state registers;
- registers license agreements and agreements on concession of inventions and industrial designs;
- makes changes to registration of inventions and industrial designs;
- performs the edition of the bulletin intended for publication of data on the objects of industrial property protected in Turkmenistan;
- considers objections of interested persons about the violated or disputed rights in the field of protection of industrial property;
- develops suggestions for improvement of the legislation of Turkmenistan and to the conclusion of international treaties in the field of industrial property;
- carries out certification and registration of patent agents.
2. The Ministry of Economics and developments of Turkmenistan within the powers conferred to Turkmenpatent by this Law, other regulatory legal acts of Turkmenistan provides accomplishment of the obligations undertaken by Turkmenistan according to international treaties concerning legal protection of objects of industrial property.
1. The right to the invention, industrial design is protected by the legislation of Turkmenistan and is confirmed by the patent (the limited patent).
The patent (the limited patent) for the invention, industrial design is issued after conducting patent examination (limited examination) and registration in the register of the invention, industrial design.
The exclusive right on the invention, industrial design arises after registration in the register of the invention, industrial design and patent grant (the limited patent).
2. The amount of legal protection provided by the patent (the limited patent) for the invention is determined by invention formula. The description and drawings are worked for interpretation of formula inventions.
The amount of legal protection provided by the patent (the limited patent) for industrial design is determined by set of the essential signs displayed on images of product and given in the list of essential signs of industrial design. The description of industrial design is used for interpretation of the list of essential signs of industrial design.
3. Legal protection of inventions, the industrial designs recognized as confidential is regulated according to the procedure, established by the legislation of Turkmenistan.
4. Temporary legal protection is provided to the declared invention, industrial design from the date of the publication of data on the request for the invention, industrial design before registration date in the register.
Person working the declared invention, industrial design during action of their temporary legal protection pays to the owner of the patent (the limited patent) after receipt of the patent (the limited patent) monetary compensation which size is determined by agreement of the parties.
Temporary legal protection is considered not come if the decision on patent refusal (the limited patent) is made.
5. After term or early termination of action of the patent (the limited patent) the invention or industrial design turns into public property.
The invention, industrial design which turned into public property can freely be used by any person without someone's consent or permission and without payment of remuneration for use.
1. The limited patent for the invention is effective within ten years from the date of submission in Turkmenpatent of the request for the invention.
The patent for the invention is effective within twenty years from the date of submission in Turkmenpatent of the request for the invention.
2. The patent for the invention relating to medicine, pesticide or agrochemical which use requires receipt of permission in the procedure established by the law can be extended by Turkmenpatent according to the petition of the patentee for a period of up to five years.
Rules of prolongation of effective period of the patent are established by Turkmenpatent.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since November 13, 2017 according to part I of the Law of Turkmenistan of November 4, 2017