Tajikistan has not joined any agreement with binding commitments to open transfers of data across borders.

Act No. 1537 provides a comprehensive regime of data protection in Tajikistan.

A basic legal framework on intermediary liability for copyright infringement is absent in Tajikistan's law and jurisprudence.

Law No. 403 provides a framework for the effective protection of trade secrets.

There is no obligation for passive infrastructure sharing in Tajikistan to deliver telecom services to end users.

It is reported that Tojiktelecom is the state-owned incumbent telecommunications operator. Tojiktelecom also holds a 25% stake in TT-Mobile, the second largest of Tajikistan's four mobile operators.

Tajikistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Tajikistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that corruption in public procurement is prevalent, with tax inspections being the most common form of routine corruption encountered by foreign investors.

Tajikistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, it has had observer status since 2014.

There are no restrictions on foreign ownership in sectors relevant to digital trade. According to Art. 4 of the Investment Law of Tajikistan, foreigners are permitted to establish wholly foreign-owned enterprises. However, Art. 5.1 of Investment Act No. 1299 allows for restrictions on investment in certain sectors based on national interest, though no official documentation specifies which sectors are subject to these restrictions.

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 opinions or objections. 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 the 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.

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.

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. 

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.