Database

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TAJIKISTAN

Reported in 2022

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that Tojiktelecom is the incumbent telecommunications operator and is state-owned. Tojiktelecom also holds a 25% stake in TT-Mobile, the second largest of Tajikistan's four mobile operators.
Coverage Telecommunications sector

TAJIKISTAN

Since June 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Trade secrets Law - Act No. 403
(ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН "Дар бораи сирри тиҷоратӣ")
Law No. 403 provides a framework for effective protection of trade secrets.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Tajikistan to deliver telecom services to end users.
Coverage Telecommunications sector

TAJIKISTAN

Since May 2011, entry into force in August 2011

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Tajikistan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

TAJIKISTAN

Since January 2009, entry into force in April 2009

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Tajikistan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

TAJIKISTAN

Reported in 2022

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 Tajikistan. There are reports of government use of unlicensed software in Tajikistan. Tajikistan is also reported to lack effective and transparent procedures to ensure legitimate government use of software. It is also reported that Tajikistan has allocated limited resources to enforcing IPR laws, with pirated media continuing to circulate. In addition, it is reported that the Ministry of the Interior has not released any statistics on the enforcement of IPR laws for the year 2013 or beyond.
Coverage Horizontal

TAJIKISTAN

Since December 1991

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Tajiskitan 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 is December 1991.
Coverage Horizontal

TAJIKISTAN

Since November 1998, last amended in 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of adequate enforcement of patents
It is reported that obtaining a patent for an invention could take up to two years and that the implementation of IPR laws in Tajikistan is generally weak.
Coverage Horizontal

TAJIKISTAN

Since February 2004, as amended in January 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Invention Law - Act No. 17
(ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН "ДАР БОРАИ ИХТИРОЪ")
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.
Coverage Horizontal

TAJIKISTAN

Reported in 2018, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Investment screening
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 opinion or objection. 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 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.
Coverage Horizontal

TAJIKISTAN

Since March 2016, as amended in August 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Tajikistan Investment Act No. 1299
(Қонуни Ҷумҳурии Тоҷикистон "Дар бораи сармоягузорӣ")
According to Art. 5.1 of the Investment Act No. 1299, investment in certain sectors can be restricted based on national interest, but there are no documents clarifying which are these sectors.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Tajikistan is not a party to the World Trade Organisation (WTO) Agreement on Government Procurement (GPA). However, it has had observer status since 2014.
Coverage Horizontal

TAJIKISTAN

Since March 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law on Public Procurement of Goods, Works and Services Act. No 1955 (Қонуни Ҷумҳурии Тоҷикистон "Дар бораи хариди давлатӣ")
According to Art. 21 of Law No. 1955, in accordance with normative legal acts, the contracting organisations shall implement measures that contribute to the sustainable and social development of the Republic of Tajikistan. These measures are aimed at expanding opportunities for small and medium-sized enterprises, including women entrepreneurs. In addition, the authorised state body has the right to provide in the procedural rules for public procurement for the division of the procurement into lots, also with the purpose of increasing the participation opportunities for small and medium-sized enterprises. The latter must be specified in the contract notice.
Coverage Horizontal

TAJIKISTAN

Reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
Corruption in public procurement has been reported. It is reported that tax inspections are the most common form of ordinary corruption that foreign investors usually encounter.
Coverage Horizontal