Legislative base for protection of the intellectual property in Turkmenistan is: the Law of Turkmenistan about legal protection of inventions (2017), the Law of Turkmenistan about legal protection of industrial designs (2017), the Law of Turkmenistan about trademarks (2019), the Law of Turkmenistan about names of places of an origin of the goods (2019), the Law of Turkmenistan about legal protection of selective achievements (2011), The Customs Code of Turkmenistan (2011), the Law of Turkmenistan about neighboring and copy rights (2012), the Civil Code of Turkmenistan, the Law of Turkmenistan about a legal protection of algorithms, programs for electronic computers, databases and topology of integrated microcircuits, the Law of Turkmenistan about commercial secret, the Law of Turkmenistan about a property, the Law of Turkmenistan about enterprise activity, the Law of Turkmenistan about protection of consumer’s rights, the Arbitration civil procedure code of Turkmenistan, the Code of Turkmenistan about administrative offences, the Criminal code of Turkmenistan, the Civil procedure code of Turkmenistan, the Law of Turkmenistan about foreign investments in Turkmenistan, the Law of Turkmenistan about the scientific intellectual property, the Law of Turkmenistan about certification of production and services, the Law of Turkmenistan about standardization and metrology etc.
Some of the above mentioned legislative acts (the criminal code, the code about administrative offences) contain to some extent the rules of protection of the industrial property, other legislative acts contain indirect references, and the third does not contain them at all. Nevertheless, the legal orientation of all these documents adjusts on the one hand the responsibility for offences, and on another side a right of the legal and physical persons related to property possession, including industrial property (IP), investment activity, activity of the enterprises and entrepreneurs, certification and standardization of the goods and services.
Therefore, based on these documents it is possible effectively to protect rights of owners of the intellectual property in Turkmenistan. At the same time, the further legislative work is required in this area in order to concrete and improve IP protection. One of such future legal projects, which must be presented soon to Mejlis (Parliament) for approval and consideration, is the Law about unfair competition. The development of this Law was planned for a while, thus will help to strengthen the protection of the owners’ rights and will help to create according to article 10 of Parisian Convention (where Turkmenistan is a member), the legal basis for protection from unfair competition. Equivalent Law was accepted by many other countries and serves as effective tool in standoff against illegal activities that contradict to fair business practice. Acceptance of such Law by Turkmenistan will respond not only to its international obligations, but also to compliance with IP owners’ rights guaranties, which as a result will bring to civilized trade relationship in Turkmenistan.
In nowadays, it has also appeared a necessity of entering additions to some legislative acts of Turkmenistan concerning to protection of the intellectual property. Among them we shall name the Law of Turkmenistan about trade secret, to which it shall be added a section about regulation of a right protection and assignment of know-how.
The new Customs Code of Turkmenistan shall play an important role in the field of IP protection. It could be explained by following: the best way to withstand to illegal entry of counterfeit goods to Turkmenistan is to provide close custom’s control and supervision over the goods at the time of their board crossing. The presence of legal acts in the Customs Code of Turkmenistan about provision of effective mechanism for registration by State Customs patented and registered IP objects, will allow to its owners to protect themselves (and their goods) from counterfeit infringement by third parties. Presently, such practice is used by many countries all over the world, which assists not only in civilized trade relationship but in fulfillment of international obligations by parties as well.
Besides, as is known the effective work of any law is based on by-laws which develop law’s positions. Therefore, norms incorporated in legislative base and supported by normative mechanism of their realization, provides an opportunity for conducting effective opposition against wrongful encroachments of the third parties in area of copyright and adjacent rights. As an outcome, Turkmenpatent takes measures for development of normative acts, which will bring legislative base in the field of protection of copyright and adjacent rights back to ‘life’.
Dr. Gennady Galifanov has higher agricultural and political education. He also has an academic title of senior research officer and Doctor Degree in agricultural science. Dr.Galifanov is Author of over 50 inventions and over 200 scientific articles in various publications and magazines. He is one of the co-authors of the books protectiveness of trademarks (2014), Protectiveness and protection of trademarks (2018). Some of Dr. Galifanov’s inventions were brought into industries and production which leaded to positive economic effects. Scientific, practical and pedagogical experience of research and teaching work is more than 40 years, of which more than 30 years are directly in the field of protection of intellectual property. He has studied in the Central Institute of Professional Development of National Economy Executives in the field of Patent work (Leningrad/Saint-Petersburg branch, 1990) and University of Robert Shuman (Strasburg, France, 1997). Holder of medal of ‘Honor’ (1986) and golden medal, awarded by World International Property Organization (WIPO, 2003). Dr. Galifanov has taken active participation in development of new legal projects in respect of intellectual property laws and IP legal standards in Turkmenistan. He has founded ‘GALIFIRE’ in 1994, which he leads and where he provides intellectual property services till present. Dr.Galifanov fluently speaks Russian and languages of Turkish group.
Mr.Valeriy Lyah has higher engineering and patent education. Mr. Lyah is an author of many inventions in the field of mechanics and water conservation. After graduation of Institute of Patent science, Mr. Lyah headed Patent departments of two science institutes (The Institute of hydro engineering and melioration, Institute of the Sun) at the same time performing his duties as patent engineer. He has drawn more than 500 applications (inventions) the most of which were accepted by expertise as meeting the requirement for patentability. His experience in the field of intellectual property protection (including his experience as patent expert) compromises more than 30 years. Mr. Lyah has published more than 50 academic studies in area of melioration, water conservation and bio/solar technologies. He is an expert in various areas of technical knowledge. He is also the developer of a number of new crystal-chemical technologies for obtaining pure silicon from quartz sand for solar batteries. Fluent in Russian and English.
Mr. Rejep Karliyev has higher law education. He graduated Military Institute of Ministry of Defense, specialization ‘jurisprudence’. He also gained his MBA (Financial management) from University of Wales (UK) in 2012. Mr. Karliyev is a member of world known professional body ACCA (Association of Chartered and Certified Accountants). From 2004 till 2013, Mr. Karliyev has lived and worked in the UK. During his professional carrier, he mainly has worked in finance and audit sectors, at the same time performing credit control and some legal duties for “GALIFIRE”. He has a number of publications in the field of intellectual property, including publications in foreign journals and the WIPO magazine. He is one of the co-authors of the books Protectiveness of trademarks (2014), Protectiveness and protection of trademarks (2018). At present time he works in the business structure "GALIFIRE" as IP lawyer. Mr. Rejep Karliyev speaks fluent Russian, English and Turkmen.
He has a higher legal education, graduated from the Russian State Academy for the Protection of Intellectual Property with a degree in jurisprudence. He is a specialist in the field of information technology for the protection and protection of intellectual property rights. Has a number of publications in Russian specialized journals regarding to the protection of intellectual property, and also a co-author of the book "Protectability and Protection of Trademarks" (2018). Has successful experience in defending the interests of clients at the appeal and judicial levels. He is an expert in various fields of science and technology, including in the field of Internet technologies and printing. Has good organizational and communication skills. He is fluent in Russian and English.
Has a higher education in law and qualification in marketing. Graduated from the Russian State Academy of Intellectual Property, Moscow State University of Economics, Statistics and Informatics (MESI), and also the Cambridge University Language School (Great Britain). She is a co-author of published work in the journal "Intellectual Property" (2012), as well as the books "Protectiveness of Trademarks" (2014), "Protectiveness and Protection of Trademarks" (2018). At the present time she is working as IP lawyer in the business structure "GALIFIRE". She is fluent in Russian and English.
She is graduated with honors from secondary school. Has a secondary education in Economics. Currently she is a student of the Cherepovets State University (Russia). Possesses good knowledge in the field of documentation, workflow, operational storage and use of documents, as well as working with office equipment and packages of various software applications of the Microsoft Windows. She is fluent in Russian and Turkmen.