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Ashgabat, Turkmenistan

Courts and litigations

Courts and litigations
Courts and litigations

In Turkmenistan, consideration of objections to decisions made by the expertise of Turkmenpatent in relation to inventions, industrial designs and means of individualization is mainly completed at the examination stage, a very small part of the objections is considered at the appeal level and only a few disputes are resolved at the pre-trial level. The suppression of violations by third parties of the exclusive rights of owners of intellectual property in Turkmenistan is carried out by sending by patent attorneys to infringers warning letters to stop violations within a specified period. Usually violators, after receiving such letters, stop their illegal actions. In rare cases, if violators fail to comply with the requirements of the warning letter, the cases are successfully resolved through appropriate appeals to the prosecutor's office. Suppression of violations of rights to intellectual property objects through judicial and customs authorities is of a single nature. This is due to both, the lack of relevant by-laws and the underdevelopment of legal regulation and law enforcement practice in the field of protection of intellectual property rights.

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