Geographical Indications Law in Turkmenistan
Here’s a detailed overview of Geographical Indications (GI) Law in Turkmenistan:
🇹🇲 Geographical Indications Law in Turkmenistan
1. Legal Framework
Turkmenistan’s IP system includes protection for Geographical Indications under its Law on Protection of Intellectual Property and related regulations.
The legal framework aligns with international standards such as the TRIPS Agreement, which Turkmenistan is a member of.
GIs are recognized as a distinct category of intellectual property rights.
2. Relevant Legislation
| Law / Regulation | Description |
|---|---|
| Law on Protection of Intellectual Property (2013) | Main law covering trademarks, patents, GIs, and other IP rights. |
| Civil Code | Contains provisions related to unfair competition and protection of business reputation, which support GI enforcement. |
| Turkmenistan Customs Law | Allows customs enforcement against counterfeit goods, including GI infringements. |
3. Definition and Scope
A Geographical Indication is defined as a sign used to identify a product as originating from a specific territory, where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin.
Protection applies primarily to agricultural products, foodstuffs, and handicrafts.
4. Registration Process
Applications for GI registration are submitted to the State Service for Intellectual Property (Turkmenpatent).
The applicant must provide:
The name and address of the applicant
The geographical area and the product description
Evidence linking the product’s qualities or reputation to the geographic origin
The application is reviewed, published, and subject to opposition.
Upon approval, the GI is registered and protected domestically.
5. Duration and Renewal
GI protection is granted for 10 years.
The protection can be renewed indefinitely for additional 10-year periods.
6. Rights Conferred
The registered GI owner has the exclusive right to prevent unauthorized use, imitation, or misleading use of the GI.
Protection extends to preventing use of any sign that misleads consumers about the product’s geographical origin.
7. International Treaties and Cooperation
| Treaty / Agreement | Status |
|---|---|
| WTO/TRIPS Agreement | Member since 2020 |
| Paris Convention | Member |
| WIPO Membership | Member |
| Eurasian Patent Organization (EAPO) | Turkmenistan is an observer but not a full member |
8. Enforcement
GI rights enforcement is through civil courts.
Remedies include injunctions, damages, and confiscation of counterfeit goods.
Customs authorities are involved in controlling imports/exports of goods infringing on GIs.
9. Summary Table
| Aspect | Details |
|---|---|
| Legal basis | Law on Protection of Intellectual Property (2013) |
| Administered by | Turkmenpatent (State Service for Intellectual Property) |
| Registration process | Formal application, examination, publication, opposition |
| Duration | 10 years, renewable indefinitely |
| International law | TRIPS, Paris Convention, WIPO |
| Enforcement | Civil courts, customs enforcement |
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