TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
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.
Coverage Software
TURKMENISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Turkmenistan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Turkmenistan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TURKMENISTAN
Since December 2000, last amended in March 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Law of Turkmenistan No. 53-II on Trade Secrets (Türkmenistanyň Kanuny Täjirçilik syry hakynda - No. 53-II)
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.
Coverage Horizontal
TURKMENISTAN
Since December 2000, last amended in March 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law of Turkmenistan No. 53-II on Trade Secrets (Türkmenistanyň Kanuny Täjirçilik syry hakynda - No. 53-II)
Law No. 53-II provides a framework for the effective protection of trade secrets.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Turkmenistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), as it is not a member of the WTO.
Coverage Horizontal
TURKMENISTAN
Reported in 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Limits on foreign investment
According to Art. 2 of Law of Turkmenistan No. 698-XII on Investment Activity in Turkmenistan (Türkmenistanyň Kanuny № 698 - XII Türkmenistanda maýa goýum işi hakynda), investments by foreign states, legal entities, individuals and persons without citizenship, as well as joint investments by Turkmenistan and foreign states, legal entities, individuals and persons without citizenship, are permitted. The same is confirmed in Art.3 of Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty № 184-III Daşary ýurt maýa goýumlary hakynda). Moreover, according to Art. 8.1 of Law No. 184-III, it is understood that the legal regime of foreign investors and companies with foreign investment and the use of profits from the investment cannot be less favourable than the legal regime of activities and the use of profits from the investment provided by domestic investors.
However, 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.
However, 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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210302045944/https://invest.gov.tm/norm/view?id=12
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
- https://web.archive.org/web/20231001195930/https://www.lloydsbanktrade.com/en/market-potential/turkmenistan/investing
- https://web.archive.org/web/20220121172140/https://invest.gov.tm/norm/view?id=14
- Show more...
TURKMENISTAN
Since March 2010, last amended in November 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law of Turkmenistan No. 93-IV about Communication (Türkmenistanyň Kanuny Aragatnaşyk hakynda - No. 93-IV)
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.
Coverage Telecommunications sector
TURKMENISTAN
Since March 2008, last amended in June 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty No. 184-III Daşary ýurt maýa goýumlary hakynda)
Art. 7 of Law No. 184-III provides that the investment project with foreign investment shall be subject to mandatory state examination, including the observance of the norms of seismic stability, fire and explosion safety, and environmental and sanitary requirements. Examination and registration of investment projects with foreign investments, as well as consideration of other forms of foreign investments, should be done in the manner prescribed by law. In addition, Art. 6.4 states that the authorised body shall organise the examination of investment projects with foreign investment and carry out their registration.
Coverage Horizontal
TURKMENISTAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.59%
Coverage rate of zero-tariffs on ICT goods (%)
88.7%
Coverage: Digital goods
Sources
- http://wits.worldbank.org
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
TURKMENISTAN
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Turkmenistan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, Turkmenistan is not a member of the WTO.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
TURKMENISTAN
Since December 2014, last amended in June 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (Türkmenistanyň Kanuny No. 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 13.1 of Law No. 158-V states that in the case that in the domestic market of Turkmenistan there are enough potential suppliers, the tender organiser has the right to limit participation in tender procedures to potential suppliers of Turkmenistan or to establish priority for State enterprises and/or public organisations of disabled persons in Turkmenistan.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241121201838/https://mejlis.gov.tm/single-law/181?lang=tm
- https://web.archive.org/web/20230325044810/https://invest.gov.tm/norm/view?id=15
- https://web.archive.org/web/20230326023926/https://bp.gov.tm/laws/249/show
- https://www.globalpublicprocurementdata.org/gppd/country_profile/TM
- Show more...
TURKMENISTAN
Since December 2014, last amended in June 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (Türkmenistanyň Kanuny No. 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 13.2 of Law No. 158-V provides that when the tender organiser limits participation to suppliers in Turkmenistan, it may additionally limit the list of potential suppliers to small and medium-sized businesses in Turkmenistan, and/or set conditions for the use of only local labour resources and/or raw materials and supplies.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241121201838/https://mejlis.gov.tm/single-law/181?lang=tm
- https://www.globalpublicprocurementdata.org/gppd/country_profile/TM
- https://web.archive.org/web/20230325044810/https://invest.gov.tm/norm/view?id=15
- https://web.archive.org/web/20230326023926/https://bp.gov.tm/laws/249/show
- Show more...
TURKMENISTAN
Since December 2014, last amended in June 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (Türkmenistanyň Kanuny No. 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 17.6 of Law No. 158-V establishes that, unless the organiser decides to accept an additional language, applications must be submitted in Turkmen, which is the state language.
Coverage Horizontal