Industrial Designs Law in Tajikistan
Tajikistan's legal framework for industrial designs is primarily governed by the Law of the Republic of Tajikistan No. 16 of February 28, 2004, which outlines the conditions for the protection of industrial designs within the country. This law, as amended by Law No. 856 of July 3, 2012, establishes the criteria for patentability, the procedures for filing and examination, and the rights and obligations of applicants and holders of industrial design patents
Key Provisions of the Industrial Designs Law in Tajikistan
Patentability Criteria: An industrial design is eligible for protection if it is both new and original. Novelty is assessed by comparing the design to all publicly available information worldwide before the filing date. Originality requires that the design has a creative character that distinguishes it aesthetically
Grace Period: A six-month grace period is provided for disclosures made by the designer, applicant, or any party receiving information from them, during which such disclosures do not affect the novelty of the design
Exclusions from Protection: The law excludes from protection designs that are dictated solely by the technical function of a product, those that contradict public interest, principles of humanity and morality, architectural objects (except for small architectural forms), printed products, and objects of unstable form from liquid, gaseous, powdery, or similar substances .
Application Requirements: Applicants must submit representations of the design, a description of its essential features, and a Power of Attorney. Foreign applicants are required to be represented by a registered Tajik patent attorney .
Examination Process: The application undergoes a formal examination within three months of filing. A substantive examination must be requested within 12 months from the filing date and cannot be extended or restored .
Duration and Renewal: The initial term of protection is 10 years from the filing date, with the possibility of a 5-year extension, totaling a maximum of 15 years .
Representation: Foreign applicants must appoint a registered Tajik patent attorney to represent them before the Patent Office
International Cooperation
Tajikistan is a member of the Eurasian Patent Organization (EAPO) and has acceded to the Protocol on the Protection of Industrial Designs under the Eurasian Patent Convention. This accession, effective from November 30, 2021, allows applicants to file a single industrial design application in the Russian language, covering all contracting states, including Tajikistan .
Additionally, Tajikistan has made declarations under the Hague Agreement Concerning the International Registration of Industrial Designs, specifying that the maximum duration of protection is 15 years and that applications may include variants of a design .
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