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Turkmenistan law «About appellations of origin»

Entered into force on June 20, 2019


This Law regulates relations arising in the field of legal protection and use of appellations of origin.


CHAPTER I. GENERAL PROVISIONS


Article 1. Basic concepts


The following basic concepts are used in this Law:

1) counterfeit goods - goods, their labels and packaging, on which a registered appellation of origin or a designation confusingly similar to it is illegally used;

2) examination - the procedure for consideration by the authorized body in the field of legal protection of appellations of origin of goods - the State Service for Intellectual Property of the Ministry of Finance and Economy of Turkmenistan of the application, as well as other documents related to the state registration of the appellation of origin of goods and the right to use the said appellation or the right to use previously registered appellation of origin;

3) appellation of origin of goods - a designation representing or containing a modern or historical, official or unofficial, full or abbreviated name of a geographical object, as well as a designation derived from this appellation and which became known as a result of its use in relation to a product whose special properties exclusively or mainly determined by the natural conditions and (or) ethnographic factors characteristic of a given geographical object. The name of a geographical object, which has entered into general use in Turkmenistan as a designation of a certain type of product, not related to the place of its manufacture, is not recognized as an appellation of origin;

4) certificate of the right to use the appellation of origin of goods (hereinafter - the certificate) - a document certifying the right to use the appellation of origin;

5) The State Register of Appellations of Origin of Goods (hereinafter - the State Register) - a document containing information about the appellations of origin of goods and the rights to use them, information on the special properties of the goods for which the appellation of origin is registered, as well as other information related to state registration of appellations of origin of goods;

6) Official Bulletin of Appellations of Origin of Goods (hereinafter referred to as the Official Bulletin) - a periodical publication of the authorized body in the field of legal protection of appellations of origin of goods intended for publication of information on applications accepted for consideration and on state registration of appellations of origin of goods and the rights to use them, entered in the State Register;

7) application - a set of documents required for state registration of an appellation of origin of goods and the right to use this appellation or the right to use a previously registered appellation of origin;

8) applicant - an individual who has submitted an application, engaged in entrepreneurial activity without forming a legal entity, or a legal entity engaged in entrepreneurial activity;

9) patent attorney - a citizen of Turkmenistan permanently residing in Turkmenistan, certified and registered with an authorized body in the field of legal protection of appellations of origin of goods and representing on a professional basis the interests of individuals and legal entities in obtaining the right to use an appellation of origin.


Article 2. Legislation of Turkmenistan on appellations of origin of goods


The legislation of Turkmenistan on appellations of origin of goods is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.


Article 3. Right to use an appellation of origin


1. The right to use the appellation of origin of goods is protected by this Law or on the basis of international treaties of Turkmenistan and is certified by a certificate.


2. The right to use one and the same appellation of origin of goods may be granted to any person who, within the boundaries of the same geographic object, produces goods with the same basic properties.


3. No one has the right to use an appellation of origin registered in Turkmenistan without state registration of the right to use the said appellation.


Article 4. Representation

1. Individuals engaged in entrepreneurial activities without forming a legal entity and legal entities of Turkmenistan have the right to conduct business with the authorized body in the field of legal protection of the appellation of origin of goods both directly and through representatives or patent attorneys.

2. The powers of the representative or patent attorney are certified by a corresponding power of attorney.

Article 5. Rights of foreign individuals and legal entities

1. Foreign individuals and legal entities enjoy the rights provided for by this Law, on an equal basis with individuals and legal entities of Turkmenistan in accordance with international treaties of Turkmenistan.

2. The right to state registration in Turkmenistan of appellations of origin of goods is granted to individuals and legal entities of states granting a similar right to individuals and legal entities of Turkmenistan.

3. Foreign individuals and legal entities exercise their rights in relations with the authorized body in the field of legal protection of the appellation of origin through patent attorneys.

CHAPTER II. STATE REGULATION AND CONTROL IN THE FIELD OF LEGAL PROTECTION AND USE OF NAMES OF ORIGIN OF GOODS

Article 6. Bodies exercising state regulation and control in the field of legal protection and use of appellations of origin

The bodies exercising state regulation and control in the field of legal protection and use of appellations of origin of goods are the Cabinet of Ministers of Turkmenistan, the Ministry of Finance and Economy of Turkmenistan, the authorized body in the field of legal protection of appellations of origin - the State Service for Intellectual Property of the Ministry of Finance and Economy of Turkmenistan. (hereinafter - Turkmenpatent).

Article 7. Competence of the Cabinet of Ministers of Turkmenistan The Cabinet of Ministers of Turkmenistan in the field of legal protection of appellations of origin of goods:

1) determines the unified state policy;

2) issues normative legal acts;

3) coordinates the activities of public authorities;

4) approves the list of state bodies authorized to issue a document confirming that within the boundaries of a geographic object located in the territory of Turkmenistan, the applicant produces goods, the special properties of which are determined by natural conditions and (or) ethnographic factors characteristic of this geographic object;

5) performs other functions attributed to its competence by the legislation of Turkmenistan.

Article 8. Competence of the Ministry of Finance and Economy of Turkmenistan

The Ministry of Finance and Economy of Turkmenistan in the field of legal protection of appellations of origin of goods:

1) implements a unified state policy;

2) adopts regulatory legal acts;

3) ensures the fulfillment of the obligations assumed by Turkmenistan in accordance with international treaties;

4) approves:

a) Regulations on Turkmenpatent;

b) The procedure for state registration of appellations of origin of goods;

ç) Procedure for state registration of rights to use appellations of origin;

d) Procedure for maintaining the State Register; f) Regulations on the Appeal Commission of Turkmenpatent;

e) Procedure for considering appeals of individuals and legal entities on violated or disputed rights;

f) other provisions and procedures, as well as forms of documents related to the state registration of appellations of origin of goods and the right to use them, as well as the right to use previously registered appellations of origin;

5) performs other functions attributed to its competence by the legislation of Turkmenistan.

Article 9. Competence of Turkmenpatent Turkmenpatent in the field of legal protection of appellations of origin of goods:

1) implements a unified state policy;

2) gives explanations on the application of the legislation of Turkmenistan on appellations of origin;

3) develops draft documents specified in paragraph 4 of Article 8 of this Law, and submits them for approval to the Ministry of Finance and Economy of Turkmenistan;

4) accepts applications for consideration, examines the application and carries out state registration of appellations of origin of goods and the right to use these appellations or the right to use a previously registered appellation of origin;

5) maintains the State Register and issues certificates;

6) carries out the publication in the Official Bulletin of information about the registered appellations of origin of goods and the owners of the rights to use them;

7) conducts certification and registration of patent attorneys;

8) provides paid services in accordance with the Regulation on Turkmenpatent;

9) performs other functions attributed to its competence by the legislation of Turkmenistan.

CHAPTER III. STATE REGISTRATION OF NAMES OF PLACE OF ORIGIN OF GOODS AND RIGHTS OF USE OF THE SPECIFIED NAMES

Article 10. Submission of the application

1. The application is submitted to Turkmenpatent.

2. Requirements for the information contained in the application or the documents attached to it are established by Turkmenpatent.

3. The application is signed by the applicant, patent attorney or other representative.

4. The application must relate to one appellation of origin.

5. The application can be submitted by one or more persons.

6. The application must contain:

1) an application for state registration of an appellation of origin and the right to use this appellation, or only the right to use a previously registered appellation of origin, indicating the applicant, as well as his place of residence or location. The application is submitted in the state language and signed by the applicant or his representative, or a patent attorney;

2) the claimed designation;

3) an indication of the goods in respect of which the state registration of an appellation of origin and the right to use this appellation or only the right to use a previously registered appellation of origin is requested;

4) a description of the special properties of the goods;

5) an indication of the place of origin of the goods (the boundaries of a geographical object), the natural conditions and (or) ethnographic factors of which exclusively or mainly determine or may determine the special properties of the goods.

7. The application must be accompanied by:

1) a document confirming the payment of the fee for filing an application in the established amount;

2) a power of attorney certifying the authority of a representative or patent attorney, if the application is submitted through one of them;

3) the conclusion of the authorized body that within the boundaries of this geographical object located on the territory of Turkmenistan, the applicant produces goods, the special properties of which are exclusively or mainly determined by the natural conditions and (or) ethnographic factors characteristic of this geographical object (for the applicants of Turkmenistan). The application for granting the right to use a previously registered appellation of origin of goods located on the territory of Turkmenistan must also be accompanied by the conclusion of the authorized body that within the boundaries of this geographical object the applicant produces goods with special properties specified in the State Register;

4) a document confirming the right of the foreign applicant to the declared appellation of origin (for foreign applicants).

In some cases, other documents required for state registration of an appellation of origin may be attached to the application.

8. If the application is submitted by several persons, it must be accompanied by the conclusion specified in paragraph 3 of part seven of this article in relation to the goods of each applicant.

The documents attached to the application may be submitted in a foreign language with the attachment of their translation into the state language. Documents submitted in a foreign language are considered filed on the date of their receipt by Turkmenpatent if their translation into the state language was received within three months from the date of filing the application.

If the specified translation is not submitted within three months from the date of filing the application, the deadline for submitting the translation may be extended at the request of the applicant for an additional three months, provided that the application, together with the document confirming the payment of the corresponding fee, was received before the expiration of this deadline.

In case of failure to submit a translation into the state language within the established time frame, the application is canceled.

9. The date of filing an application for state registration of the appellation of origin of goods is the day of receipt of the documents provided for in part six of this article by Turkmenpatent, and if these documents are not submitted simultaneously - the day of receipt of the last document.

10. In the event that an application for state registration of an appellation of origin is accepted for consideration, Turkmenpatent publishes information about the applications filed in the Official Bulletin, with the exception of information containing a description of the special properties of the product.

After the publication of information about the application accepted for consideration, any person has the right to submit to Turkmenpatent, before the date of state registration of the appellation of origin and the right to use this appellation, a reasoned objection in writing regarding the provision of legal protection to the appellation of origin, subject to payment of the appropriate fee.

Article 11. Examination of the Application

1. Examination of the application is carried out by Turkmenpatent and includes a formal examination of the application and examination of the claimed designation in essence.

2. The applicant has the right, on his own initiative, to make changes or additions to the documents attached to the application, without paying the appropriate fee within two months from the date of receipt of the application by Turkmenpatent.

Upon receipt of documents from the applicant, in which changes or additions were made after two months from the date of receipt of the application, the corresponding fee is paid.

3. During the period of the examination of the application, Turkmenpatent shall have the right to request from the applicant additional information necessary for carrying out the said examination.

4. Additional information upon request must be submitted within three months from the date of sending the request. At the request of the applicant, this period may be extended, provided that the application was received before the expiration of this period and the corresponding fee is paid. The extension of the term for providing additional information to the application at the request of Turkmenpatent should not exceed six months from the date of expiry of the established three-month period.

If the applicant has not met the specified deadlines, the application is canceled, and the applicant is notified of this.

5. The application can be withdrawn at the request of the applicant at any stage of its consideration, but no later than the date of state registration of the appellation of origin. No legally significant actions are taken on a canceled or withdrawn application.

6. The applicant has the right to take part in the consideration of issues arising in the course of the examination of the application.

Article 12. Formal examination of the application

1. Upon the expiration of two months from the date of filing an application with Turkmenpatent, subject to the availability of documents provided for in Article 10 of this Law, a formal examination is carried out on it within a month.

2. In the course of the formal examination of the application, the content of the application, the availability of the necessary documents, their compliance with the established requirements, as well as the payment of the fee are checked.

3. If in the process of formal examination of the application it is established that the application does not meet the established requirements, the applicant is sent a request indicating the identified deficiencies and a proposal to submit the missing or corrected documents within three months from the date of the request.

Additional information provided at the request of Turkmenpatent is subject to the requirements established by part four of Article 11 of this Law.

4. Based on the results of the formal examination of the application, the applicant is notified of the acceptance of the application for consideration, or a reasoned refusal to accept the application for consideration is sent to him.

Article 13. Examination of the claimed sign on the merits

1. The substantive examination of the claimed designation shall be carried out upon completion of the formal examination of the application and subject to the payment of the corresponding fee, but not earlier than six months from the date of filing the application.

When carrying out the specified examination, the compliance of the declared designation with the norms provided for by paragraph 3 of Article 1 of this Law is established.

2. Based on the results of the examination of the application for state registration of the declared designation as an appellation of origin of goods and the right to use an appellation of origin, a decision is made on the state registration of the declared designation as an appellation of origin and the right to use the indicated appellation, or a preliminary decision to refuse state registration the declared designation as an appellation of origin.

3. Based on the results of the examination of the application for granting the right to use the appellation of origin previously registered in Turkmenistan, a decision is made to grant the said right to use or a preliminary decision to refuse to grant this right.

4. In case of disagreement with the preliminary decision of Turkmenpatent to refuse state registration of the claimed designation as an appellation of origin or the right to use an appellation of origin previously registered in Turkmenistan, the applicant has the right to file a statement of disagreement with the said decision within three months from the date of its submission. In this case, the deadline for submitting the said application may be extended up to six months, provided that the applicant's application for an extension of the deadline was received before the expiration of the three-month deadline, and the corresponding fee has been paid for each month of the extension.

5. A statement of disagreement with the preliminary decision of Turkmenpatent must be considered within two months from the date of its receipt, based on the results of which the final decision of Turkmenpatent is made.

6. Any person at any stage of consideration of the application may submit a reasoned application to prevent the state registration of an appellation of origin and the right to use this appellation or the right to use a previously registered appellation of origin. The specified application can be submitted subject to the payment of the appropriate fee.

Article 14. Challenging the decision of Turkmenpatent based on the results of the examination of the application and restoration of the missed deadlines

1. The decision of Turkmenpatent based on the results of the examination of the application may be challenged by the applicant by filing an appropriate appeal to the Appeal Commission of Turkmenpatent within three months from the date of sending the said decision.

The applicant has the right, personally or through his representative, to participate in the consideration of the appeal.

2. The deadline for submitting documents or information at the request of Turkmenpatent and the deadline for filing an appeal against the decision of Turkmenpatent, based on the results of the examination of the application, missed by the applicant may be restored. An application for the restoration of the missed time limit may be submitted by the applicant to Turkmenpatent no later than six months from the date of expiry of the established time period, subject to the payment of the appropriate fee.

The applicant is notified of the restoration of the missed deadline.

Article 15. Implementation of state registration of the appellation of origin of goods

1. If a decision is made on the state registration of the declared designation as an appellation of origin and a document confirming the payment of the corresponding duty is received, Turkmenpatent shall carry out the indicated registration and enter information on the appellation of origin in the State Register.

A document confirming the payment of the relevant fee must be submitted to Turkmenpatent within three months from the date of sending the relevant decision to the applicant.

2. If the fee is not paid within the time period specified in part one of this article, the applicant is given a six-month period from the date of expiry of the established period, subject to the payment of the appropriate fee for each missed month.

The state registration of the appellation of origin of goods is carried out within one month after receiving a document confirming the payment of the corresponding duty.

If the document confirming the payment of the duty is not submitted within the specified time frame, the state registration of the appellation of origin shall not be performed. In these cases, the application is canceled, and the applicant is notified of this.

Article 16. Implementation of state registration of the right to use the appellation of origin of goods and issuance of a certificate

1. In the event of a decision on state registration of the right to use the appellation of origin and receipt of a document confirming the payment of the corresponding duty, Turkmenpatent carries out the specified registration, enters information on the right to use the appellation of origin in the State Register and issues a certificate.

2. The certificate is issued by Turkmenpatent within three months from the date of state registration of the right to use the appellation of origin.

The form of the certificate and the list of information indicated in it are established by Turkmenpatent.

3. For the state registration of the right to use the appellation of origin of goods and the issuance of a certificate, an appropriate fee shall be paid within the time limits provided for by the second paragraph of the first part of Article 15 of this Law.

In case of failure to comply with the deadlines for payment of the duty or failure to submit a document on payment of the duty, the norms provided for by part two of Article 15 of this Law shall apply.

4. The holder of the certificate has the right to affix next to the appellation of origin a warning marking in the form of a Latin letter "R" or "R" in a circle, or verbal designations - "appellation of origin" or "registered appellation of origin" indicating that the designation used is an appellation of origin registered in Turkmenistan.

5. The holder of the certificate is not entitled under a license agreement to issue a permit to another person to use an appellation of origin.

Article 17. Duration of the certificate

1. A certificate of the right to use the appellation of origin shall be valid for ten years from the date of filing an application with Turkmenpatent.

2. The period of validity of the certificate may be extended for the next ten years at the request of its owner, subject to the payment of the appropriate fee and the submission of a document confirming the fact of production of goods with the properties specified in the State Register. In respect of an appellation of origin, which is an appellation of a geographical object located outside of Turkmenistan, the holder of the certificate, along with a document confirming the payment of the corresponding duty, submits a document or its certified copy confirming his right to use the appellation of origin in the country of origin of the goods as of the date of filing the application. to extend the validity of the certificate.

The application for the extension of the validity period of the certificate is submitted within the last year of its validity period.

3. The holder of the certificate for the extension of its validity period is given a period of six months, subject to the payment of the appropriate fee.

4. A record on the extension of the validity period of the certificate is entered into the State Register, and the owner of the certificate is notified of this. Information on the extension of the validity period of the certificate is published in the Official Gazette.

Article 18. Amendments to the State Register

1. Changes are made to the State Register related to the change in the appellation of origin of goods, the surname, first name or patronymic of the holder of the certificate, as well as other changes related to the state registration of the appellation of origin of goods or the right to use it.

2. Amendments to the State Register are made at the request of the holder of the certificate, subject to the payment of the appropriate fee. The procedure for filing and considering applications for amending the State Register is established by Turkmenpatent.

Article 19. Provision of information from the State Register.

Turkmenpatent upon written application of any person, provides information on the state registration of an appellation of origin and the right to use this appellation or the right to use a previously registered appellation of origin, subject to payment of the appropriate duty. This information is provided in the form of an extract from the State Register. The document containing information from the State Register is signed by the head of Turkmenpatent and sealed with his seal.

Article 20. Publication of information on state registration of appellations of origin of goods and the right to use these appellations

Information on state registration of appellations of origin of goods and the right to use these appellations, with the exception of information containing a description of the special properties of the goods, is published in the Official Bulletin. All subsequent changes related to the state registration of the appellation of origin and the right to use it are also published in the Official Gazette.

Article 21. Registration in foreign states of an appellation of origin and the right to use an appellation of origin

Individuals engaged in entrepreneurial activities without forming a legal entity, who are citizens of Turkmenistan, or legal entities created in accordance with the legislation of Turkmenistan, have the right to register in foreign countries the appellation of origin and the right to use it. An application for registration in foreign countries of an appellation of origin and the right to use it may be submitted by the said persons after obtaining the right to use this appellation in Turkmenistan.

Article 22. Recognition of the state registration of the appellation of origin of goods and the right to use it as invalid

1. State registration of an appellation of origin may be challenged and invalidated during the entire period of its validity if it was made in violation of the requirements established by this Law.

2. Any person may submit an appeal to the Appeal Commission of Turkmenpatent for the recognition of the state registration of an appellation of origin of goods invalid within the period established by part one of this article, and subject to payment of the appropriate fee.

3. The state registration of the appellation of origin of goods and the certificate for it are invalidated on the basis of the decision of the Appeal Commission of Turkmenpatent or the court.

Article 23. Termination of legal protection of the appellation of origin and the validity of the certificate

1. The legal protection of the appellation of origin of goods is terminated due to the loss of: 1) characteristics characteristic of a given geographical object and the impossibility of producing goods with the properties specified in the State Register;

2) the rights of foreign individuals or legal entities to use the appellation of origin of goods in the country of origin of goods.

2. The validity of the certificate is terminated:

1) in connection with the loss of the goods of special properties specified in the State Register in relation to this appellation of origin of goods;

2) in connection with the termination of the legal protection of the appellation of origin of goods;

3) in case of liquidation of a legal entity - holder of the certificate;

4) in case of termination of the entrepreneurial activity of an individual - holder of the certificate;

5) on the basis of an application filed with Turkmenpatent by the holder of the certificate.

Article 24. Fees 1.

For the commission of legally significant actions related to the filing of an application, its examination, state registration of the appellation of origin of goods and the right to use this appellation or the right to use a previously registered appellation of origin, amending the State Register, extending the validity of the certificate and other procedures , fees are charged.

2. Duties are paid by the applicant, the holder of the right to use the appellation of origin or any third party, unless otherwise provided by international treaties of Turkmenistan.

3. Funds received from the payment of duties are transferred to the State Budget of Turkmenistan.

4. The size of duties, terms and procedure for their payment are established by the Cabinet of Ministers of Turkmenistan.

CHAPTER IV. FINAL PROVISIONS

Article 25. Appeal Commission of Turkmenpatent

1. The Appeal Commission of Turkmenpatent is an authorized body for consideration of applications on violated or disputed rights. The Appeal Commission of Turkmenpatent is competent to consider the following appeals of persons:

1) on disagreement with the decision of Turkmenpatent in accordance with part one of Article 14 of this Law;

2) on the recognition of the state registration of the appellation of origin of goods invalid in accordance with part one of Article 22 of this Law;

3) on the termination of legal protection of the appellation of origin of goods and the validity of the certificate in accordance with Article 23 of this Law;

4) on disagreement with the decision of the attestation commission for attestation of a patent attorney candidate. Legally significant actions in relation to state registration of the appellation of origin of goods, on which the appeal was filed, are suspended until the end of its consideration.

2. The applicant has the right to submit an appeal to the Appeal Commission of Turkmenpatent, provided for in the first part of this article, within the time limits established by the legislation of Turkmenistan, subject to payment of the appropriate fee. The said appeal must be considered by the Appeal Commission of Turkmenpatent within the time limits established by the Procedure for considering appeals of persons on violated or disputed rights.

The period for consideration of the appeal may be extended at the request of the person who submitted it, as well as the holder of the right to use the appellation of origin, but not more than six months from the date of expiry of the period originally established for the consideration of the appeal.

A petition to reconsider the decision of the Appeal Commission of Turkmenpatent may be submitted to the chairman of the Appeal Commission of Turkmenpatent by any of the interested parties within one month from the date of its receipt.

Any of the interested parties can appeal against the decision of the Appeal Commission of Turkmenpatent in court within forty-five calendar days from the date of its approval.

Article 26. Consideration of disputes in court

The courts, in the manner prescribed by the legislation of Turkmenistan, consider disputes related to the application of this Law, including disputes:

1) on violation of the right to use the appellation of origin;

2) on compensation for damage for illegal use of the appellation of origin of goods;

3) related to challenging the decisions of the Appeal Commission of Turkmenpatent. Courts in the manner prescribed by the legislation of Turkmenistan may consider other disputes related to the application of this Law.

Article 27. Customs control

Customs control in relation to the protection of the rights of certificate holders is carried out by the customs authorities in accordance with the customs legislation of Turkmenistan.

Article 28. Liability for the illegal use of the appellation of origin

1. Illegal use of the appellation of origin of goods entails liability under the legislation of Turkmenistan. Illegal use of an appellation of origin is:

1) the use for any goods of a confusingly similar designation capable of misleading the consumer regarding the place of origin and special properties of the goods;

2) the use of the name in translation in a foreign language, or in combination with words such as "gender", "type", "imitation";

3) committing other actions in relation to the appellation of origin of goods that damage the holder of the certificate.

2. A person who illegally uses a registered appellation of origin of goods or a designation similar to it to the point of confusion, at the request of the holder of the certificate or a court decision, is obliged:

1) stop using it;

2) restore the situation that existed before the violation of the law;

3) compensate for losses, including lost profits, or pay compensation, the amount of which is determined by a court decision or by agreement of the parties;

4) remove from the counterfeit goods the illegally used appellation of origin or a designation confusingly similar to it.

3. The court has the right to make a decision on the confiscation of counterfeit goods. Article 29. Entry into force of this Law This Law comes into force from the day of its official publication.

President of Turkmenistan

Gurbanguly BERDYMUHAMEDOV.

Ashgabat, June 8, 2019.

(Kindly ask you to note that provided above translation is not an official translation of the document into English).


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