TURKMENISTAN
Since March 2021, last amended in December 2021
Since August 2015, until March 2021
Since August 2015, until March 2021
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Law of Turkmenistan No. 335-VI About Counteraction of Legalization of Income Gained in the Criminal Way, to Financing of Terrorism and Financing of Distribution of Weapons of Mass Destruction (Türkmenistanyň kanuny No. 335-VI Jenaýatçylykly ýol bilen alnan girdejileriň kanunlaşdyrylmagyna, terrorçylygyň maliýeleşdirilmegine we köpçülikleýin gyryş ýaragynyň ýaýradylmagynyň maliýeleşdirilmegine garşy hereket etmek hakynda)
Law of Turkmenistan No. 261-V About Counteraction of Legalization of Income Gained in the Criminal Way, to Financing of Terrorism and Financing of Distribution of Weapons of Mass Destruction (Türkmenistanyň kanuny No. 261-V Jenaýatçylykly ýol bilen alnan girdejileriň kanunlaşdyrylmagyna we terrorçylygyň maliýeleşdirilmegine garşy hereket etmek hakynda)
Law of Turkmenistan No. 261-V About Counteraction of Legalization of Income Gained in the Criminal Way, to Financing of Terrorism and Financing of Distribution of Weapons of Mass Destruction (Türkmenistanyň kanuny No. 261-V Jenaýatçylykly ýol bilen alnan girdejileriň kanunlaşdyrylmagyna we terrorçylygyň maliýeleşdirilmegine garşy hereket etmek hakynda)
Art. 12.6 of Law No. 335-VI provides that documents and information obtained as a result of due diligence of the client, including the client's information and correspondence with the client, documents and information on operations or transactions with cash or other property subject to mandatory control and suspicious transactions, as well as the results of the examination of all complex, unusually large and other unusual operations or transactions shall be kept by the persons carrying out the operations for a period of at least five years after the operation or transaction.
Art. 4 states that persons carrying out operations shall include, among others, natural or legal persons providing money or value transfer services; virtual asset service providers; organisers of trades and auctions; individuals and legal entities that are organisers of gambling, lotteries and electronic interactive games; and postal and telegraphic communication organisations providing money transfer services and other organisations carrying out settlements or payments.
This requirement has been in place since the implementation of Law No. 261-V (Art. 12.6), which Law No. 335-VI has replaced in March 2021
Art. 4 states that persons carrying out operations shall include, among others, natural or legal persons providing money or value transfer services; virtual asset service providers; organisers of trades and auctions; individuals and legal entities that are organisers of gambling, lotteries and electronic interactive games; and postal and telegraphic communication organisations providing money transfer services and other organisations carrying out settlements or payments.
This requirement has been in place since the implementation of Law No. 261-V (Art. 12.6), which Law No. 335-VI has replaced in March 2021
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Intermediary liability |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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
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 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) |
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 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) |
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 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) |
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 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) |
Sub-pillar 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) |
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 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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TURKMENISTAN
Reported in 2022, last reported in 2023
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 Turkmenistan, where the widespread use of unlicensed software is reported. Although some government agencies have begun to adopt licensed software, the country 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
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (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
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