TAJIKISTAN
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Tajikistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, it has had observer status since 2014.
Coverage Horizontal
TAJIKISTAN
Since March 2016, as amended in August 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Tajikistan Investment Act No. 1299
(Қонуни Ҷумҳурии Тоҷикистон "Дар бораи сармоягузорӣ")
(Қонуни Ҷумҳурии Тоҷикистон "Дар бораи сармоягузорӣ")
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231211230121/https://mmk.tj/content/%D2%9B%D0%BE%D0%BD%D1%83%D0%BD%D0%B8-%D2%B7%D1%83%D0%BC%D2%B3%D1%83%D1%80%D0%B8%D0%B8-%D1%82%D0%BE%D2%B7%D0%B8%D0%BA%D0%B8%D1%81%D1%82...
- https://web.archive.org/web/20230322162109/https://tajinvest.tj/images/docs/laws/law-01-en.pdf
- https://web.archive.org/web/20231211002639/https://www.state.gov/reports/2022-investment-climate-statements/tajikistan/
- https://web.archive.org/web/20221118015319/https://www.wto.org/english/tratop_e/tpr_e/s399_e.pdf
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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 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.
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.
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")
(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
Sources
- https://web.archive.org/web/20240615173643/http://mmk.tj/system/files/Legislation/17_tj.pdf
- https://web.archive.org/web/20240303195912/https://www.ip-coster.com/IPGuides/patent-tajikistan
- https://web.archive.org/web/20230330083547/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S399R1.pdf&Open=True
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TAJIKISTAN
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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) |
Sub-pillar 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) |
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 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 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) |
Sub-pillar Adoption of the World Intellectual Property Organization (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) |
Sub-pillar Adoption of the World Intellectual Property Organization (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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar 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: Digital 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
TAIWAN
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Taiwan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TAIWAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Taiwan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
TAIWAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Taiwan 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
TAIWAN
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low 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 2,000 TWD (approx. 62 USD), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal