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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

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

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Tajikistan is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

TAJIKISTAN

Reported in 2020, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
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.
Coverage Horizontal

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")
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

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.
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")
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

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
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"87575"},{"post_id":"87576"},{"post_id":"87577"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

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

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

TAIWAN

Since February 1991, last amended in June 2017
Since January 1994, last amended in June 2015
Since November 2001

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Fair Trade Act (1991)

Consumer Protection Act (2015)

Electronic Signatures Act (2001)
The Fair Trading Act (1991), the Consumer Protection Act (2015), and the Electronic Signatures Act (2001) provide a comprehensive consumer protection framework that also applies to online transactions. The former aims to ensure free and fair competition and promote economic stability and prosperity. In addition, the Consumer Protection Law (2015) has been enacted for distance selling and information marketing. In addition, the Electronic Signatures Law (2001) facilitates secure electronic transactions by recognising the validity of electronic records.
Coverage Horizontal

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

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