LAW OF THE REPUBLIC OF TAJIKISTAN

of July 3, 2012 No. 840

About introduction change and amendment and part third of the Civil code of the Republic of Tajikistan

Article 1. Bring in the part third of the Civil code of the Republic of Tajikistan accepted by the Law of the Republic of Tajikistan of March 1, 2005 (Akhbori of Majlisi Oli of the Republic of Tajikistan, 2005, No. 3, the Art. 123), the following changes and amendments:

1. To exclude part 2 of Article 1133, 3, 4 and 5 respectively to consider parts parts 2, of 3, and 4.

2. State Article 1137 in the following edition:

"Article 1137. Protection of the intellectual property right

1. Protection of the intellectual property right is performed by the methods provided by this Code taking into account essence of the infringed rights and effects of violation of these rights.

2. The protection methods provided in this Code are applied upon the demand of the owner, the organization of collective management of property rights, and also in stipulated by the legislation cases of the Republic of Tajikistan - other persons.

3. Lack of fault of the violator does not exempt it from the obligation of the termination of violation of the intellectual property right, and in its relation measures which are directed to protection of such rights are applied. The publication of the court order about committed violation and suppression of the actions violating the right or creating threat of its violation is performed also irrespective of fault and at the expense of the violator.".

3. Add the code with Article 1137 (1) the following content:

"Article 1137 (1). Methods of protection of the intellectual property right

1. In case of violation of the personal non-property rights of the author, their protection is performed by methods of recognition of the right, recovery of the provision existing before violation of the right, and suppression of the actions violating the right or creating threat of its violation, compensation of moral harm and publication of the judgment about the allowed violation.

2. Protection of honor, advantage and goodwill of the author is performed according to rules of Article 174 of this Code.

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