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TURKMENISTAN

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns shares in certain telecom companies. In particular, it owns shares in Turkmentelekom TC, which is a fully state-owned enterprise; Ashgabat City Telephone Network, with a 30% participation of the Ministry of Communications of Turkmenistan and 60% of Turkmentelekom; Altyn Asir CJSC (TMcell), which is fully owned by the Ministry of Communications of Turkmenistan.
Coverage Telecommunications sector

TURKMENISTAN

Since November 2017

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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

TURKMENISTAN

Since November 2017

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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

TURKMENISTAN

Since November 2017

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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

TURKMENISTAN

Since December 1991

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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)  |  Indicator 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

TURKMENISTAN

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 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)  |  Indicator Adoption of the 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)  |  Indicator Adoption of the WIPO Performances and Phonograms 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)  |  Indicator 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

TURKMENISTAN

Reported in 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Reported limitations on foreign participation in public procurement
It is reported that a company interested in participating in the tender process must submit all the tender documents to the respective ministry or agency in person. Many foreign companies with no presence in Turkmenistan provide a limited power of attorney to local representatives, who then submit tender documents on the company’s behalf. A list of required documents for screening is usually provided by the state agency announcing the tender. It is also reported that the tender process is opaque and difficult to navigate, particularly for companies outside Turkmenistan, and not all tenders are publicly announced. Many tenders are not fully available online and require a local agent to pay a fee to obtain the information on paper.
It is reported that before most contracts can be signed, the agreement must be approved by the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers. It is also reported that the approval process is not transparent and often appears politically driven.
Coverage Horizontal

TURKMENISTAN

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the 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)
Turkmenistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), as it is not a member of the WTO.
Coverage Horizontal

TURKMENISTAN

Reported in 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Limits on foreign investment
According to Art. 2 of Law of Turkmenistan No. 698-XII on Investment Activity in Turkmenistan (Türkmenistanyň Kanuny № 698 - XII Türkmenistanda maýa goýum işi hakynda), investments by foreign states, legal entities, individuals and persons without citizenship, as well as joint investments by Turkmenistan and foreign states, legal entities, individuals and persons without citizenship, are permitted. The same is confirmed in Art.3 of Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty № 184-III Daşary ýurt maýa goýumlary hakynda). Moreover, according to Art. 8.1 of Law No. 184-III, it is understood that the legal regime of foreign investors and companies with foreign investment and the use of profits from the investment cannot be less favourable than the legal regime of activities and the use of profits from the investment provided by domestic investors.
However, it is reported that there is tight state control of the economy, and the government has only allowed significant foreign ownership and foreign direct investment in the energy sector.
Coverage Horizontal

TURKMENISTAN

Since March 2010, last amended in November 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law of Turkmenistan No. 93-IV about Communication (Türkmenistanyň Kanuny Aragatnaşyk hakynda - No. 93-IV)
Art. 16 of the Law about Communications states that government, postal and courier communications, technical means and networks of telecommunications used for defence, national security, protection of the State border and law and order, as well as technical means of national television and radio broadcasting and the enterprises ensuring their operation and development, belong exclusively to State ownership.
Coverage Telecommunications sector

TURKMENISTAN

Since March 2008, last amended in June 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty No. 184-III Daşary ýurt maýa goýumlary hakynda)
Art. 7 of Law No. 184-III provides that the investment project with foreign investment shall be subject to mandatory state examination, including the observance of the norms of seismic stability, fire and explosion safety, and environmental and sanitary requirements. Examination and registration of investment projects with foreign investments, as well as consideration of other forms of foreign investments, should be done in the manner prescribed by law. In addition, Art. 6.4 states that the authorised body shall organise the examination of investment projects with foreign investment and carry out their registration.
Coverage Horizontal

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