Industrial Designs Law in Turkmenistan
In Turkmenistan, industrial design protection is governed by the Law on the Legal Protection of Industrial Designs, which came into effect on November 13, 2017. This law replaced the previous legislation and aligns Turkmenistan's industrial design framework with international standards, particularly the Geneva Act of the Hague Agreement on the international registration of industrial designs. As of March 16, 2016, Turkmenistan is a contracting party to this agreement, facilitating international protection of designs
📝 Eligibility and Requirements
To qualify for industrial design protection in Turkmenistan, the design must be:
Novel: The total combination of its essential features must not be known from data that has been generally available worldwide up to the filing date.
Original: The design should have a creative character, distinguishing it from existing designs.
Industrially Applicable: It must be capable of being reproduced in the industrial production of the article.
Designs that are exclusively dictated by technical function, related to architecture (except small architectural forms), or contrary to public order or morality are not eligible for protection.
⏳ Duration and Renewal
Initial Protection: The design patent is granted for an initial period of 5 years from the filing date.
Renewal: The protection can be renewed for two consecutive periods of 5 years each, totaling a maximum of 15 years.
Maintenance Fees: A single renewal fee is payable every five years, streamlining the maintenance process.
📄 Application Process
Examination: The application undergoes a formal examination within 3 months and a substantive examination within 6 months after filing.
Novelty Grace Period: A 6-month grace period is provided for disclosures made before the filing date, allowing applicants to file without losing novelty.
Opposition: Oppositions can be filed during the entire term of protection through the Patent Office Appeal Board.
🌍 International Protection
Turkmenistan's accession to the Geneva Act of the Hague Agreement enables designers to seek international protection for their designs through a single application, covering multiple countries. This facilitates broader protection and simplifies the registration process for Turkmen designers seeking to expand their market reach.
⚖️ Rights and Enforcement
The holder of a registered industrial design has the exclusive right to use the design and to prevent unauthorized use by third parties. Legal action can be taken against infringement through the Patent Office Appeal Board and the courts.
📌 Summary
Legislation: Law on the Legal Protection of Industrial Designs (effective November 13, 2017).
Duration: 5 years, renewable up to 15 years.
Examinations: Formal and substantive examinations within specified timeframes.
International Protection: Available through the Geneva Act of the Hague Agreement.(
Enforcement: Rights protected through national legal mechanisms.
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