The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in Tajikistan for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."

Law No. 403 provides a framework for the effective protection of trade secrets.

There is no obligation for passive infrastructure sharing in Tajikistan to deliver telecom services to end users.

It is reported that Tojiktelecom is the state-owned incumbent telecommunications operator. Tojiktelecom also holds a 25% stake in TT-Mobile, the second largest of Tajikistan's four mobile operators.

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

Tajikistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Tajikistan has a telecommunications authority: Communication Service under the Government of the Republic of Tajikistan. According to Art. 1 of Decree 1026, which established the rule, it is not independent from the government.

According to Art. 18.2 of the Personal Data Act, international transfers of data are permitted to countries that provide adequate protection for personal data. However, the law does not provide a definition or description of what constitutes 'adequate protection'. Moreover, cross-border transfers to countries that do not provide adequate protection are possible in the following cases: with the consent of the data subject, where provided by international treaties binding on Tajikistan; for the protection of the rights and freedoms of persons and citizens, if it is impossible to obtain consent; and where provided by law, if it is necessary for the protection of constitutional order, public order, the rights and freedoms of persons and citizens, the health and integrity of citizens, and state security.

There are no restrictions on foreign ownership in sectors relevant to digital trade. According to Art. 4 of the Investment Law of Tajikistan, foreigners are permitted to establish wholly foreign-owned enterprises. However, Art. 5.1 of Investment Act No. 1299 allows for restrictions on investment in certain sectors based on national interest, though no official documentation specifies which sectors are subject to these restrictions.

It is reported that Tajikistan's State Committee on Investment and State Property Management reviews incoming foreign investments, including investments in its five Free Economic Zones, which involve government interests. In addition, the government pays particular interest to investments that require financial support or state guarantees.
Investors must submit their proposals to the relevant government agencies to solicit their opinions or objections. This process is reported to be lengthy and cumbersome. In most cases, the review includes the financial history of the company, the person representing the company and the identification of the source of funding to comply with anti-money laundering regulations. Moreover, it is reported that the inspector may reject proposals, and applicants may appeal the government's decision.

According to Art. 11 of the Invention Law, natural persons permanently residing outside the territory of the Republic of Tajikistan or foreign legal entities or their representatives may perform activities related to obtaining a protective document and maintaining its validity only through patent representatives registered with the Patent Office.

It is reported that, in general, obtaining a patent for an invention could take up to two years. This is despite the website of the National Center for Patents and Information (NCPI) states that, if no conflicts are found, the patent should be registered within 30 days from the time the application is received. 

Tajikistan 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 Tajikistan was part of the Soviet Union. Therefore, in 1994, when Tajikistan 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.

Tajikistan has a copyright regime under Law No. 726. However, the exceptions do not follow the fair use or fair dealing model and, therefore, limit the lawful use of copyrighted works by others. Art. 21 lists the exceptions, which include reproduction and broadcasting by radio or cable for general information, architectural works, photographs and graphic works that are permanently located in a public place, except in cases where the work is the main subject or where the image is used for commercial purposes.

Copyright is not adequately enforced online in Tajikistan. Reports highlight the absence of effective and transparent procedures to ensure legitimate government use of software. Furthermore, Tajikistan has allocated limited resources to enforcing intellectual property rights (IPR) laws, resulting in the continued circulation of pirated media. It is also reported that over 90% of software and other media products sold in the country are unlicensed copies.