IP experiences and challenges of SMEs of the Republic of Tajikistan

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Presentation transcript:

IP experiences and challenges of SMEs of the Republic of Tajikistan STATE INSTITUTION NATIONAL CENTER FOR PATENTS AND INFORMATION OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF THE REPUBLIC OF TAJIKISTAN IP experiences and challenges of SMEs of the Republic of Tajikistan

IP in Tajikistan Industrial property (Invention, design, trademark, geographical indication, topologies of integrated circuits) Copyright Selection Achievements State institution “National center for patent and information” of the Ministry of Economic Development and Trade of the Republic of Tajikistan Ministry of culture of the Republic of Tajikistan Ministry of Agriculture of the Republic of Tajikistan NATIONAL CENTER FOR PATENTS AND INFORMATION

Normative legal instruments regulating operation of IP in Tajikistan The Constitution of the Republic of Tajikistan, the Codes and Laws currently in force in the Republic of Tajikistan as well as branch laws : Civil Code of the Republic of Tajikistan (Part I, II, III) Law of the Republic of Tajikistan “On inventions” of 28 February 2004 Law of the Republic of Tajikistan “On industrial designs” of 28 February 2004 Law of the Republic of Tajikistan “On protection of the topologies of integrated circuits” of 22 December 2006 Law of the Republic of Tajikistan “On geographical indications” of 5 March 2007 Law of the Republic of Tajikistan “On trademarks and service marks” of 5 March 2007 NATIONAL CENTER FOR PATENTS AND INFORMATION

Normative legal instruments regulating operation of IP in Tajikistan Law of the Republic of Tajikistan “On Copyright and Related Rights” of 5 March 2005 Law of the Republic of Tajikistan "On selection achievements crops“ of 22 April 1995 NATIONAL CENTER FOR PATENTS AND INFORMATION

International Treaty on IP in Tajikistan Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (December 25, 1991) Convention Establishing the World Intellectual Property Organization December 25, 1991) Locarno Agreement Establishing an International Classification for Industrial Designs (December 25, 1991) Madrid Agreement Concerning the International Registration of Marks (December 25, 1991) Nairobi Treaty on the Protection of the Olympic Symbol (December 25, 1991) Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (December 25, 1991) Paris Convention for the Protection of Industrial Property (December 25, 1991) Patent Cooperation Treaty (December 25, 1991) Strasbourg Agreement Concerning the International Patent Classification NATIONAL CENTER FOR PATENTS AND INFORMATION

International Treaty on IP in Tajikistan Bern Convention for the Protection of Literary and Artistic Works (March 9, 2000) Roma Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (May 19, 2008) WIPO Copyright Treaty (April 5, 2009) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (June 30, 2011) Hague Agreement Concerning the International Registration of Industrial Designs (March 21, 2012) WIPO Performances and Phonograms Treaty (August 24, 2011) Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (February 26, 2013) Singapore Treaty on the Low of Trademarks (December 26, 2014)  Agreement on Trade-Related Aspects of Intellectual Property Rights “TRIPS” (when Tajikistan become a member of WTO march 2, 2013) NATIONAL CENTER FOR PATENTS AND INFORMATION

NATIONAL CENTER FOR PATENTS AND INFORMATION INVENTIONS Registration of the applications for grant of patents and petty patents for inventions, preparation of applications for forwarding them to Federal Service of Industrial Property of the Russian Federation and receiving reports on them. NATIONAL CENTER FOR PATENTS AND INFORMATION

PROCEDURES FOR APPLICATION Grant of a patent A request Description of the invention Drawings Entering data on the patent in the State Registry Search in Federal Service for Intellectual Property (Rospatent) A request for examination , up to three years Decision to grant a patent Publication of the patent specification Filing of application Formal examination Publication of the application Substantive examination Decision to refuse Decision to refuse Appeal against the decision of refusal Consideration of the appeal Consideration of the appeal Appeal against the decision of refusal

INTERNATIONAL REGISTRATION OF INVENTIONS PCT system in Tajikistan Eurasian system (EAPO) (state members of EAPO - Turkmenistan, Republic of Belarus, Republic of Tajikistan, Russian Federation, Republic of Kazakhstan, Azerbaijan Republic, Kyrgyz Republic, Republic of Armenia) NATIONAL CENTER FOR PATENTS AND INFORMATION

INDUSTRIAL DESIGN AND TRADEMARKS Examination of applications for Designs and trademarks International registration by Hague system International registration of the trademarks by Madrid system NATIONAL CENTER FOR PATENTS AND INFORMATION

PROCEDURES FOR DESIGN and TRADEMARK REGISTRATION APPLICATIONS Grant of a certificate A request The designation claimed and the description thereof A list of goods and services Entering data on registration in the State Registry Decision to register Publication of the registration specification Filing an application Formal examination Substantive examination Decision to refuse Request for re-examination Decision to refuse Consideration of the appeal Appeal against the decision of refusal Consideration of the appeal Appeal against the decision of refusal

NATIONAL CENTER FOR PATENTS AND INFORMATION GEOGRAPHICAL INDICATION AND TOPOLOGIES OF INTEGRATED CIRCUITS 9 applications on geographical indication was registered Topologies of integrated circuits NATIONAL CENTER FOR PATENTS AND INFORMATION

SELECTION ACHIEVEMENTS NATIONAL CENTER FOR PATENTS AND INFORMATION COPYRIGHT AND SELECTION ACHIEVEMENTS Copyright - does not require registration of the object of copyright and department of copyright in Tajikistan gives opinion on rights violations Selection achievements - plant varieties and animal breeds. NATIONAL CENTER FOR PATENTS AND INFORMATION

NATIONAL CENTER FOR PATENTS AND INFORMATION IP of SMEs in Tajikistan Application for inventions of the SMEs – 1% of the 100% Application for designs of the SMEs – 0% of the 100% Application for trademarks of the SMEs – 50% of the 100% NATIONAL CENTER FOR PATENTS AND INFORMATION

NATIONAL CENTER FOR PATENTS AND INFORMATION Challenges of SMEs in Tajikistan SMEs haven't more information about: - IP - a necessity registration of the IP - transfer of rights and the right to use (license ) of IP - Evaluation IP - and etc. NATIONAL CENTER FOR PATENTS AND INFORMATION

NATIONAL CENTER FOR PATENTS AND INFORMATION The national strategy for the development of intellectual property of the repeblic of tajikistan for 2014-2020 The Strategy aims at providing realization of the main priorities of social and economic policy and determines further goals of and direction for the state policy and respective tasks in the field of intellectual property. This strategy is intended to facilitate the development of creativity, inventive activity, entrepreneurship and establishment of the country as an equal partner in the international arena, creation of a socio-economic, cultural organizational, and legal basis for the integration of the national intellectual potential into regional and international potentials. NATIONAL CENTER FOR PATENTS AND INFORMATION

NATIONAL CENTER FOR PATENTS AND INFORMATION The national strategy for the development of intellectual property of the repeblic of tajikistan for 2014-2020 Plan of the Strategy: - Establishing a subject of IP in universities (creating a book on IP for students) - changing normative legal instruments (law and regulations) - Creation of infrastructure (technology parks, innovation centers, Institute of commercialization and etc.) NATIONAL CENTER FOR PATENTS AND INFORMATION

THANK YOU FOR YOUR ATTENTION! Mirzobek Ismailov Head of Department of national registration of trademarks, services and consultation  Tel: (+992 37) 222 21 36 Fax: (+992 37) 222 21 37 Email: mirzobekismailov@gmail.com NATIONAL CENTER FOR PATENTS AND INFORMATION