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TAJIKISTAN

Reported in 2018, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Complains related to the application process for patents
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. 
Coverage Horizontal

TAJIKISTAN

Since December 1991

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
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.
Coverage Horizontal

TAJIKISTAN

Since November 1998, last amended in 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Law and Related Rights - Act No. 726 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН "ДАР БОРАИ ҲУҚУҚИ МУАЛЛИФ ВА ҲУҚУҚҲОИ ВОБАСТА БА ОН")
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.
Coverage Horizontal

TAJIKISTAN

Reported in 2022, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
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.
Coverage Horizontal

TAJIKISTAN

Since January 2009, entry into force in April 2009

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Tajikistan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

TAJIKISTAN

Since May 2011, entry into force in August 2011

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Tajikistan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
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[{"post_id":"87575"},{"post_id":"87576"},{"post_id":"87577"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

TAJIKISTAN

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
3.49%
Coverage rate of zero-tariffs on ICT goods (%)
47.81%
Coverage: ICT goods

TAIWAN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Taiwan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

TAIWAN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Taiwan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

TAIWAN

Reported in 2022, last reported in 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is 2,000 TWD (approx. 62 USD), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

TAIWAN

Since February 1991, last amended in June 2017
Since January 1994, last amended in June 2015
Since November 2001

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Fair Trade Act (1991)

Consumer Protection Act (2015)

Electronic Signatures Act (2001)
The Fair Trading Act (1991), the Consumer Protection Act (2015), and the Electronic Signatures Act (2001) provide a comprehensive consumer protection framework that also applies to online transactions. The former aims to ensure free and fair competition and promote economic stability and prosperity. In addition, the Consumer Protection Law (2015) has been enacted for distance selling and information marketing. In addition, the Electronic Signatures Law (2001) facilitates secure electronic transactions by recognising the validity of electronic records.
Coverage Horizontal

TAIWAN

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Taiwan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TAIWAN

Since August 2014

Pillar Intermediary liability  |  Indicator User identity requirement
Second Category of Telecommunications Business Management Rules
Under the Second Category of Telecommunications Business Management Rules promulgated in August 2014, pursuant to Art. 17 of the Telecommunications Management Act, the country has implemented mandatory SIM card registration requirements. In addition, In 2017, the National Communications Commission stated that when applying for a house number or prepaid card, people should apply for dual certificates, and telecommunications businesses (including their resellers) should verify and login user information.
Coverage Telecommunications sector

TAIWAN

Since July 1992, as amended September 2020, last amended in June 2022

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Act Governing Relations between the People of the Taiwan Area and the Mainland Area
In August 2020, the Ministry of Economics, through an amendment to Art. 35 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, announced that Taiwanese companies would be prohibited from providing video streaming services originating from Chinese companies or individuals, specifically targeting iQIYI and Tencent, starting from September 2020. The regulation formally banned Taiwanese companies and individuals from acting as agents or distributors for any Chinese over-the-top (OTT) services, including television or other broadcast platforms, such as the digital television channel service Media on Demand.
Coverage Streaming services

TAIWAN

Since February 1993, last amended in December 2019
Since March 1994, last amended in October 2023
Since 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Foreign Trade Act

Regulations Governing Export and Import Of Strategic High-tech Commodities

Regulation Governing Types of Strategic High-Tech Commodities, Specific Strategic High-tech Commodities and Exportation to Restricted Regions
Under Art. 13 of the Foreign Trade Act, the export of certain high-tech products designated as "strategic" by the relevant authorities requires a licence. Regarding the documentation and procedures for exporting strategic high-tech commodities, Taiwan provides further guidance in Chapter 3 of the "Regulations Governing Export and Import of Strategic High-Tech Commodities". Additionally, the "Regulations Governing Types of Strategic High-Tech Commodities, Specific Strategic High-Tech Commodities, and Exportation to Restricted Regions" define whether commodities, software, or technology fall under the category of Specific Strategic High-Tech Commodities. Chapter 4 of the Foreign Trade Act outlines criminal and administrative penalties contingent on whether the transaction involves a restricted region. Taiwan's list of strategic high-tech commodities imposes export controls on Russia, Belarus, China, Iran, Iraq, North Korea, Syria, and Sudan by requiring an export permit. The list considers dual-use goods and technologies, general military goods, and specific strategic goods. Some export restrictions include:
- Iran: The exportation of the following goods is prohibited: electronic devices, including mineral ores, semiconductors, circuits, resistors and chips, photovoltaic components, battery cells, machinery parts, pumps, furnaces, and automobile motors.
- Russia and Belarus: Prohibited items include electronic devices such as semiconductors, circuits, resistors and chips, machinery parts, pumps, furnaces, and automobile motors.
- China: Export restrictions apply to 12 categories of semiconductor manufacturing equipment, including chemical mechanical polishers, photoresist strippers and developers, rapid thermal processors, deposition apparatuses, cleaning equipment, dryers, electron microscopes, etchers, ion implanters, photoresist coaters, and lithography equipment.
Coverage Strategic high-tech commodities

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