TURKMENISTAN
Reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that Turkmenistan is still working on the government's use of unlicensed software. Although some government agencies have begun to use licensed software, Turkmenistan 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
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
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 is December 1991.
Coverage Horizontal
TURKMENISTAN
Since January 2012, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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 № 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 educational institutions (reprographic reproduction), reproduction of computer programs and databases, and free short-term recording by broadcasting organizations.
Coverage Horizontal
TURKMENISTAN
Since November 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Law of Turkmenistan No. 629-V on the Legal Protection of Inventions (Türkmenistanyň kanuny № 629-V Oýlap tapyşlaryň hukuk goragy hakynda)
Art. 43.2 of the 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
TURKMENISTAN
Since November 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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 № 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
TURKMENISTAN
Since November 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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 № 629-V Oýlap tapyşlaryň hukuk goragy hakynda)
Art. 43.2 of the 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
TURKMENISTAN
Reported in 2023
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar 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
TURKMENISTAN
Since June 2000, last amended in February 2015
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar 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 when 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 when 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
TURKMENISTAN
Since March 2008, last amended in June 2019
Pillar Foreign Direct Investment 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 № 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, 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 authorized body shall organize the examination of investment projects with foreign investment, and carries out their registration.
Coverage Horizontal
TURKMENISTAN
Since May 2013, last amended in March 2023
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law of Turkmenistan of 4 May 2013 No. 388-IV About homeland security of Turkmenistan (Türkmenistanyň Kanuny 2013-nji ýylyň 4-nji maýy № 388-IV Türkmenistanyň milli howpsuzlygy hakynda)
According to Art. 22.3 of Law No. 388-IV, in order to protect the national interests of Turkmenistan, including the preservation and strengthening of the industrial capacity, the state monitors the condition and use of the objects of the economy of Turkmenistan owned or managed by foreign organizations and organizations with foreign relations, observing the guarantees given to foreign investors.
Coverage Horizontal
TURKMENISTAN
Since March 2010, last amended in November 2021
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law of Turkmenistan No. 93-IV about Communications (Türkmenistanyň Kanuny Aragatnaşyk hakynda - № 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
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 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 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 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) in Art. 3. 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://invest.gov.tm/norm/view?id=12#:~:text=This%20Law%20defines%20the%20legal,of%20their%20form%20of%20ownership.
- https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
- https://www.lloydsbanktrade.com/en/market-potential/turkmenistan/investing
- https://invest.gov.tm/norm/view?id=14
- Show more...
TURKMENISTAN
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Reported limitations on foreign participation in public procurement
It is reported that a company interested in participating in the tender process must submit all the tender documents to the respective ministry or agency in person. Many foreign companies with no presence in Turkmenistan provide a limited power of attorney to local representatives who then submit tender documents on the company’s behalf. A list of required documents for screening is usually provided by the state agency announcing the tender. It is also reported that the tender process is opaque and difficult to navigate, particularly for companies outside Turkmenistan, and not all tenders are publicly announced. Many tenders are not fully available online and require a local agent to pay a fee to obtain the information on paper.
It is reported that before most contracts can be signed, the agreement must be approved by the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers. It is also reported that the approval process is not transparent and often appears politically driven.
It is reported that before most contracts can be signed, the agreement must be approved by the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers. It is also reported that the approval process is not transparent and often appears politically driven.
Coverage Horizontal