Database

Browse Database

TURKMENISTAN

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 Turkmenistan to deliver telecom services to end users, and it is not practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

TURKMENISTAN

Since December 2000, last amended in March 2012

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Law of Turkmenistan No. 53-II on Trade Secrets (Türkmenistanyň Kanuny Täjirçilik syry hakynda - No. 53-II)
Art. 11 of Law No. 53-II provides that officials and employees of State authorities and administrative bodies, when performing control, supervisory and other functions, have the right, within the limits of their competence as defined by law, to receive information constituting a trade secret. The use of such information by State authorities and administrative bodies is subject to the procedure prescribed by law and may not be disclosed. In addition, information constituting a trade secret is made available to the courts and to bodies and persons conducting initial enquiries or pretrial investigations in accordance with the procedure established by law. Also, enterprises, organisations, institutions and individual entrepreneurs are obliged to report information related to an insured event that constitutes a commercial secret at the request of insurance organisations.
Coverage Horizontal

TURKMENISTAN

Since December 2000, last amended in March 2012

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Law of Turkmenistan No. 53-II on Trade Secrets (Türkmenistanyň Kanuny Täjirçilik syry hakynda - No. 53-II)
Law No. 53-II provides a framework for effective protection of trade secrets.
Coverage Horizontal

TURKMENISTAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Turkmenistan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

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 Signature of the 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. 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

Reported in 2023

Pillar Foreign Direct Investment (FDI) 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 (FDI) 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).
Coverage Horizontal

TURKMENISTAN

Since March 2008, last amended in June 2019

Pillar Foreign Direct Investment (FDI) 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 (FDI) 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