TURKMENISTAN: NEW COMMERCIAL MARITIME CODE, TRADEMARK

UNCLAS SECTION 01 OF 02 ASHGABAT 001513

SENSITIVE

SIPDIS

STATE FOR SCA/CEN, EEB

E.O. 12958: N/A
TAGS: ECON EINV ETRD TX
SUBJECT: TURKMENISTAN: NEW COMMERCIAL MARITIME CODE, TRADEMARK
PROTECTION LAW, AND INDUSTRIAL PROPERTY PROTECTION LAWS ADOPTED


1. (U) Sensitive but unclassified. Not for public Internet.


2. (SBU) SUMMARY: Turkmenistan recently enacted three laws in the
commercial sphere - a Commercial Maritime Code, a Trademark
Protection Law, and a Law on Inventions and Industrial Designs. If
the Trademark Protection Law and the Law on Inventions and
Industrial Designs are enforced, it will be an important step
forward in economic reform and laying the legislative foundation for
protecting the rights of inventors and commercial entities. END
SUMMARY.


3. (SBU) Recently, Turkmenistan adopted three new laws in the
commercial sphere - a Commercial Maritime Code, a Trademark
Protection Law, and an Industrial Property Protection Law. The
Commercial Maritime Code was published in the official newspaper,
"Neytralniy Turkmenistan," on November 6, 2008. The law regulates
issues related to commercial navigation. Property issues, which
come out of the present law, are resolved according to the Civil
Code of Turkmenistan.


4. (SBU) The new law can be applied to ships in open seas and in
internal water ways, to mixed class ships "river-sea," when they
navigate in seas, as well as for ships in internal water ways. It
deals with the transport of freightage, shipping passengers and
their baggage to a foreign port, emergency operations and accidents
with another ship. The law cannot be applied to military ships and
other vessels, which are owned or used by states for state
non-commercial activities and non-commercial freight.


5. (SBU) The law provides for regulation of commercial navigation
and establishes state supervision over: 1) observation of
international treaties on commercial navigation that Turkmenistan is
a party to as well as domestic legislation regarding commercial
navigation; 2) protection of human lives on the sea; 3)
certification of crew members regardless of their departmental
identity; 4) state registration of ships and ship ownership titles;
5) pilot service and sea traffic control systems; 6) life saving
service; 7) maintenance of sea ways; and 8) protection of sea
environment. Government regulation of sport and pleasure boats is
also covered. Certain types of activities in the field of
commercial navigation require licensing.

LAW ON INVENTIONS AND INDUSTRIAL DESIGNS


6. (SBU) The Law of Turkmenistan on inventions and industrial
designs was announced in "Neutralniy Turkmenistan" on November 4,

2008. This law mandates the legal protection and regulates the use
of inventions and industrial designs. According to the law, the
Patent Department of the Ministry of Economy and Finance implements
protection of industrial property. The Ministry of Economy and
Development is responsible for Turkmenistan's obligations under
international agreements on legal protection of industrial property.
An Appeals Commission is in charge of processing appeals to patent
decisions, and the Court of Appeals reviews disputes and instances
of illegal usage. The right to invention and industrial design is
protected by trademark.


7. (SBU) The law provides for temporary protection of industrial
property under a type of patent pending designation. After a patent
expires, the product becomes available to the public for free
(public domain). Most patents last 20 years, with the exception of
limited pattern which is 10 years.


8. (SBU) The law outlines who can be considered the author of an
invention or industrial design and states that copyright is
inalienable and protected without limit in time. It also provides
provisions for copyright remuneration. Articles dealing with the
rights of a patent holder, provisions for transferring or willing a
patent to another person, and how to close a patent are also
included in the law, as well as definitions of patent violations.
According to the law, the Cabinet of Ministers establishes the list
of fees, amounts, and time and order of payment. The law describes
the procedure for reviewing international applications and for
patenting inventions and industrial designs in foreign countries.


ASHGABAT 00001513 002 OF 002



9. (SBU) The law states that "in accordance with international
agreements, Turkmenistan is a party to or, based on the principle of
reciprocity, foreigners enjoy the rights provided by the present law
as Turkmen citizens do." It adds that foreigners and Turkmen
nationals permanently residing abroad may exercise their rights
thorough patent agents registered in Turkmenistan, unless
international agreements of which Turkmenistan is a party require
doing this in a different way.

LAW ON TRADEMARKS


10. (SBU) The Law of Turkmenistan on trade and service marks and
places of origin was announced in "Neytralniy Turkmenistan" on
November 5, 2008. This law provides for the legal protection and
use of trademarks, after their registration at Turkmenpatent.
Turkmenpatent issues a certificate of registration within three
months of application. After registration, the trademark is valid
for ten years from the date of application. According to the law,
the Patent Department of the Ministry of Economy and Finance
protects industrial property. The Ministry of Economy and
Development is responsible for Turkmenistan's obligations under
international agreements on legal protection of industrial property.
An Appeals Commission is in charge of processing appeals regarding
trademark decisions, and the Court of Appeals reviews disputes and
instances of illegal usage. According to the law, the Cabinet of
Ministers sets the fees, time and order of payment. The law
describes the procedure for reviewing international applications.


11. (SBU) COMMENT: These laws are important steps forward in
economic reform and laying the legislative foundation for protecting
the rights of inventors and commercial entities. As with all laws
in Turkmenistan, the test will be how well they are enforced. END
COMMENT.

MILES