TURKMENISTAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Turkmenistan's law and jurisprudence. However, there is limited protection for telecom operators under Art. 50.2 of the Law of Turkmenistan No. 93-IV About communication (Türkmenistanyň Kanuny № 93-IV Aragatnaşyk hakynda), which establishes that the telecom operators are not responsible for the content of information transmitted by their networks.
Coverage Internet intermediaries
TURKMENISTAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Turkmenistan's law and jurisprudence. However, there is limited protection for telecom operators under Art. 50.2 of the Law of Turkmenistan No. 93-IV About communication (Türkmenistanyň Kanuny № 93-IV Aragatnaşyk hakynda), which establishes that the telecom operators are not responsible for the content of information transmitted by their networks.
Coverage Internet intermediaries
TURKMENISTAN
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Turkmenistan imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20171022083606/https://www.mincom.gov.tm/ru/articles/communication-law#%D0%B3%D0%BB%D0%B0%D0%B2%D0%B0%20%20VIII.%20%D1%81%D1%82%D0%B0%D1%82%D1%8C%D1%8F%2041
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TURKMENISTAN
Reported in 2015, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
There are reports of severe blocking of social networking platforms, foreign media and foreign websites. Furthermore, it is reported that authorities blocked 133 of the most popular worldwide websites, including Facebook, Twitter, YouTube, TikTok, Zoom, Skype, and messaging apps. In addition, the government has also been reported to block sites that offer circumvention tools such as virtual private networks (VPNs) and proxies since 2015.
Moreover, Turkmenistan is reported to impose strict filtering rules for popular websites and many other websites containing parts of the same domain. It is estimated that the filtering rules could be causing the unintentional blocking of more than 5.4 million domains as collateral damage to the 122,000 blocked domains confirmed in the country.
Moreover, Turkmenistan is reported to impose strict filtering rules for popular websites and many other websites containing parts of the same domain. It is estimated that the filtering rules could be causing the unintentional blocking of more than 5.4 million domains as collateral damage to the 122,000 blocked domains confirmed in the country.
Coverage Social media platforms, foreign media outlets, websites and VPNs
Sources
- https://www.accessnow.org/turkmenistan-internet-shutdowns/
- https://web.archive.org/web/20240718175801/https://progres.online/society/understanding-the-internet-blockade-in-turkmenistan/
- https://web.archive.org/web/20231228191335/https://rus.azathabar.com/a/31694427.html
- https://web.archive.org/web/20230420193933/https://acca.media/en/14040/turkmenistan-the-authorities-almost-completely-blocked-the-internet-in-the-country/
- https://web.archive.org/web/20220411133319/https://twitter.com/CloudflareRadar/status/1513510448762695687
- https://web.archive.org/web/20231006120829/https://rus.azathabar.com/a/32132024.html
- https://web.archive.org/web/20231228185827/https://turkmen.news/turkmenistan-vpn-ip/
- https://web.archive.org/web/20231205041515/https://www.top10vpn.com/what-is-a-vpn/are-vpns-legal/
- https://web.archive.org/web/20241206153722/https://www-hronikatm-com.translate.goog/2023/07/internet-interruptions/?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=es&_x_tr_pto=wapp&_x_tr_hist=true
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TURKMENISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
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.
Coverage Telecommunications sector
TURKMENISTAN
Since March 2008, last amended in June 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator 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
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Turkmenistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Screening of mergers and acquisitions
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).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230214100710/https://www.trade.gov/country-commercial-guides/turkmenistan-distribution-and-sales-channels
- https://web.archive.org/web/20210226005741/https://invest.gov.tm/norm/view?id=20
- https://web.archive.org/web/20230327093315/https://bp.gov.tm/laws/297/show
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
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TURKMENISTAN
Since March 2010, last amended in November 2021
Since December 2019, last amended in June 2023
Since December 2019, last amended in June 2023
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law of Turkmenistan No. 93-IV about Communication (Türkmenistanyň Kanuny Aragatnaşyk hakynda - No. 93-IV)
Law No. 205-VI of Turkmenistan On Licensing of Certain Types of Activities (Türkmenistanyň Kanuny No. 205-VI Işiň aýry-aýry görnüşlerini ygtyýarlylandyrmak hakynda)
Law No. 205-VI of Turkmenistan On Licensing of Certain Types of Activities (Türkmenistanyň Kanuny No. 205-VI Işiň aýry-aýry görnüşlerini ygtyýarlylandyrmak hakynda)
Art. 22.19 of Law No. 205-VI of Turkmenistan, "On licensing of certain types of activities," provides that communications activities must be licensed. According to Art. 3 of Law No. 205-VI, foreign natural and legal persons (including their branches) and stateless persons are entitled to obtain a license under the same conditions and procedures as natural and legal persons of Turkmenistan. Art. 47.1 of Law No. 93-IV provides that telecommunications operators are obliged to carry out activities in the field of licensed communications. Despite the regime appearing to be non-discriminatory in the regulatory texts, it is reported that the government exercises tight control and significant management over the country's telecommunications sector. Currently, only one major mobile telecommunications company is operating in the country, namely Altyn Asyr, a subsidiary of the state-owned Türkmenaragatnaşyk. In addition, it is reported that only one foreign provider, Mobile Telesystems of Russia, has received a license in the past. However, the licence was not renewed in September 2017, resulting in its disconnection from the country's network.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230327102100/https://bp.gov.tm/laws/107/show
- https://web.archive.org/web/20230327103409/https://bp.gov.tm/laws/145/show
- https://web.archive.org/web/20241206153009/https://www.telecomtrainer.com/list-of-mobile-operators-in-turkmenistan/
- https://web.archive.org/web/20230320094804/https://tca.gov.tm/tk/form-view-aragatnashyk
- https://web.archive.org/web/20240803111914/https://progres.online/society/mtss-lawsuit-against-turkmenistan-was-dismissed-by-arbitration/
- https://web.archive.org/web/20231202004049/https://www.italaw.com/sites/default/files/case-documents/180476.pdf
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TURKMENISTAN
Since June 2000, last amended in February 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law of Turkmenistan On Amendment to the Law of Turkmenistan On Enterprises (Türkmenistanyň “Kärhanalar barada” kanunyna üýtgetme girizmek baradaky kanuny)
According to Art. 15 of the Law of Turkmenistan on Amendment to the Law of Turkmenistan on Enterprises, companies need to get a state registration in order to operate, including foreign investors. The foreign entities wishing to invest in Turkmenistan must register with the Registration Department under the Ministry of Finance and Economy. However, before the registration is granted, an inter-ministerial commission that includes the Ministry of Foreign Affairs, the Agency for Protection from Economic Risks, law enforcement agencies, and industry-specific ministries must approve it. According to Art. 16 of the Law, the decision on the state registration of a company must be made within two weeks after submitting the required documents.
It is also reported that the registration is lengthy and cumbersome, and it is not required for foreign companies with approved government contracts. The commission evaluates foreign companies based on their financial standing, work experience, reputation, and perceived political and legal risks. The inter-ministerial commission does not give a reason for denying the registration of a legal entity.
It is also reported that Turkmenistan generally requires that citizens of Turkmenistan make up 90% of the workforce of foreign-owned companies (i.e., for every foreign worker, nine Turkmen citizens must be hired).
It is also reported that the registration is lengthy and cumbersome, and it is not required for foreign companies with approved government contracts. The commission evaluates foreign companies based on their financial standing, work experience, reputation, and perceived political and legal risks. The inter-ministerial commission does not give a reason for denying the registration of a legal entity.
It is also reported that Turkmenistan generally requires that citizens of Turkmenistan make up 90% of the workforce of foreign-owned companies (i.e., for every foreign worker, nine Turkmen citizens must be hired).
Coverage Horizontal
Sources
- https://web.archive.org/web/20210226005741/https://invest.gov.tm/norm/view?id=20
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
- https://web.archive.org/web/20230922172258/https://mercans.com/employer-of-record-payroll-peo/turkmenistan/
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TURKMENISTAN
Since November 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law of Turkmenistan No. 629-V on the Legal Protection of Inventions (Türkmenistanyň kanuny No. 629-V Oýlap tapyşlaryň hukuk goragy hakynda)
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.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/578844
- https://web.archive.org/web/20240930173208/https://mejlis.gov.tm/single-law/117?lang=tm
- https://web.archive.org/web/20241121211424/https://fineconomic.gov.tm/legal-act/11/228
- https://web.archive.org/web/20211130090249/https://fineconomic.gov.tm/legal-act/11/230
- https://web.archive.org/web/20231205174809/https://www.ip-coster.com/IPGuides/patent-turkmenistan
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TURKMENISTAN
Since November 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law of Turkmenistan No. 629-V on the Legal Protection of Inventions (Türkmenistanyň kanuny No. 629-V Oýlap tapyşlaryň hukuk goragy hakynda)
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.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/578844
- https://web.archive.org/web/20240930173208/https://mejlis.gov.tm/single-law/117?lang=tm
- https://web.archive.org/web/20241121211424/https://fineconomic.gov.tm/legal-act/11/228
- https://web.archive.org/web/20231205195305/https://saylav.gov.tm/tk/law?id=2
- https://web.archive.org/web/20231205174809/https://www.ip-coster.com/IPGuides/patent-turkmenistan
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TURKMENISTAN
Since November 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Law of Turkmenistan No. 629-V on the Legal Protection of Inventions (Türkmenistanyň kanuny No. 629-V Oýlap tapyşlaryň hukuk goragy hakynda)
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.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/578844
- https://web.archive.org/web/20240930173208/https://mejlis.gov.tm/single-law/117?lang=tm
- https://web.archive.org/web/20241121211424/https://fineconomic.gov.tm/legal-act/11/228
- https://web.archive.org/web/20211130090249/https://fineconomic.gov.tm/legal-act/11/230
- https://web.archive.org/web/20231205174809/https://www.ip-coster.com/IPGuides/patent-turkmenistan
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TURKMENISTAN
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
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.
Coverage Horizontal
TURKMENISTAN
Since January 2012, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law of Turkmenistan About Copyright and the Related Rights No. 257-IV (Türkmenistanyň kanuny Awtorlyk hukugy we gatyşyk hukuklar hakynda No. 257-IV)
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241008235131/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/ru/tm/tm060ru.pdf
- https://web.archive.org/web/20240714184206/https://fineconomic.gov.tm/storage/app/uploads/public/5f5/f68/dcc/5f5f68dcc2a68816712486.pdf
- https://web.archive.org/web/20230925161012/https://www.galifire.com/legislation/copyright/turkmenistan-law-about-copyright-and-related-rights/
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