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
Sources
- https://web.archive.org/web/20240330131504/https://www.state.gov/reports/2023-investment-climate-statements/tajikistan/
- https://web.archive.org/web/20231108101527/https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://web.archive.org/web/20221201011634/http://www.tjpat.org/implementation.html
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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
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
Sources
- http://wits.worldbank.org
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
SINGAPORE
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
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 USD 290, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
SINGAPORE
Since January 1999
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Trade Marks Act
According to Chapter 332 of the Trade Marks Act, for a top-level ".sg" domain, a foreign to register a domain name must appoint a local agent having a valid Singapore postal address as the Administrative Contact. In addition, for a "com.sg" domain, the company must be registered in Singapore or appoint a locally registered entity as its administrative contact.
Coverage Horizontal
SINGAPORE
Since March 2004, last amended in November 2022
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection (Fair Trading) Act
The Consumer Protection (Fair Trading) Act provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
SINGAPORE
Signed in 2006, entered into force in 2013
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Singapore has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SINGAPORE
Since 2010
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Singapore has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SINGAPORE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Singapore 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
SINGAPORE
Since 2010
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Criminal Procedure Code (Cap. 68)
Pursuant to Section 39 of the Criminal Procedure Code, police officers investigating arrestable offences may at any time access and search the data of any computer they suspect has been used in connection with the offence. No warrant or special authorisation is needed. It is reported that the police have seized electronic devices in relation to several investigations in recent years. Penalties for noncompliance can include a fine of up to S$5,000 (approx. USD 3,700), six months in jail, or both.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221010191417/https://sso.agc.gov.sg/Act/CPC2010
- https://freedomhouse.org/country/singapore/freedom-net/2022
- https://web.archive.org/web/20210105060526/https://tmt.bakermckenzie.com/-/media/minisites/tmt/files/2017_surveillance_law.pdf
- https://web.archive.org/web/20231207222830/https://www.dataguidance.com/notes/singapore-third-country-assessment
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SINGAPORE
Since July 2010, as amended in January 2013
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Section 26 of the Act (introduced by the amendment of the Act within the Act 26 of 2012), any network service provider shall not be subject to any civil or criminal liability in respect of “third-party material” in the form of electronic records to which it “merely” “provides access. This exemption of liability is also extended to cover liabilities in respect of data protection obligations with respect to third-party material under the Personal Data Protection Act 2012.
Coverage Internet intermediaries
