It is reported that slow and bureaucratic customs procedures inhibit the efficient movement of goods and trade. Turkmenistan often requires that export and import contracts be registered at the State Commodity and Raw Materials Exchange (SCRME), the only exchange in the country. Contract registration at the commodities exchange is a cumbersome process involving approval from various agencies and ministries. The contract registration procedure at SCRME includes a justification of prices, and the contract’s feasibility is scrutinised by the Supreme Chamber of Control. The procedure applies not only to contracts signed at SCRME but also to contracts signed between third parties. All import contracts must be registered before goods are delivered to Turkmenistan.

Art. 16 of Law No. 629-V establishes that an application for a patent or a limited patent shall be submitted in the State language (Turkmen). Other application documents may be submitted in another language, accompanied by their translation into the State language.

Art. 43.2 of Law No. 629-V states that, unless otherwise provided by international treaties to which Turkmenistan is a party, foreign persons, as well as citizens of Turkmenistan residing outside the territory of Turkmenistan or having their permanent residence outside the territory of Turkmenistan, can exercise their rights in relations with Turkmenpatent (which is the State Service for Intellectual Property of the Ministry of Finance and Economy of Turkmenistan) only through patent attorneys registered at Turkmenpatent.

Turkmenistan is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes. It should be noted that this treaty was signed in 1970, at a time when Turkmenistan was part of the Soviet Union. Therefore, in 1995, when Turkmenistan became independent, it issued the declaration of continued application, and the date of entry into force was given as the date of independence, which was December 1991.

Turkmenistan has a copyright regime under the Law No. 257-IV. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Chapter 3 lists the exceptions, which include reproduction for personal use, use of works for informational, scientific, educational and other purposes, use of works by libraries, archives and academic institutions (reprographic reproduction), reproduction of computer programs and databases, and free short-term recording by broadcasting organisations.

Copyright is not adequately enforced online in Turkmenistan, where the widespread use of unlicensed software is reported. Although some government agencies have begun to adopt licensed software, the country has yet to issue a presidential decree, law, or regulation requiring the use of licensed software by government ministries and agencies.

Turkmenistan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Turkmenistan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Art. 11 of Law No. 53-II provides that officials and employees of State authorities and administrative bodies, when performing control, supervisory and other functions, have the right, within the limits of their competence as defined by law, to receive information constituting a trade secret. The use of such information by State authorities and administrative bodies is subject to the procedure prescribed by law and may not be disclosed. In addition, information constituting a trade secret is made available to the courts and to bodies and persons conducting initial enquiries or pretrial investigations in accordance with the procedure established by law. Also, enterprises, organisations, institutions and individual entrepreneurs are obliged to report information related to an insured event that constitutes a commercial secret at the request of insurance organisations.

Law No. 53-II provides a framework for the effective protection of trade secrets.

There is no obligation for passive infrastructure sharing in Turkmenistan to deliver telecom services to end users, and it is not practised in both the mobile sector and fixed sectors based on commercial agreements.

It is reported that there is tight state control of the economy, and the government has only allowed significant foreign ownership and foreign direct investment in the energy sector. Therefore, foreign ownership in the telecom sector is restricted. In addition, Art. 16 of the Law about Communications states that government, postal and courier communications, technical means and networks of telecommunications used for defence, national security, protection of the State border and law and order, as well as technical means of national television and radio broadcasting and the enterprises ensuring their operation and development, belong exclusively to State ownership.

The government owns shares in certain telecom companies. In particular, it owns shares in Turkmentelekom TC, which is a fully state-owned enterprise; Ashgabat City Telephone Network, with a 30% participation of the Ministry of Communications of Turkmenistan and 60% of Turkmentelekom; Altyn Asir CJSC (TMcell), which is fully owned by the Ministry of Communications of Turkmenistan.

Turkmenistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

It is reported that government approval is necessary for acquisitions and mergers of certain enterprises, including those with state shares. In fact, in case of alienation of government shares, foreign companies may participate only with a relevant report of the Economic Risk Protection Agency under the Ministry of Finance and Economy of Turkmenistan (Art. 7.2 of Law about the Removal of Ownership from the State and the Privatization of State Property).