Industrial Designs

– Law on the Industrial Design, No. 856, dated July 3, 2012.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1991.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since February 14, 1994.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since February 14, 1994.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since March 21, 2012.
– WTO’s TRIPS Agreement, since March 2, 2013.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since October 31, 2015.

Filing

Applicant: individuals or legal entities.

Foreigners: enjoy the same rights as nationals; may appoint a Tajik agent or file directly to the Patent Office (Order No. 183 of Ministry of Economy and Forecasting dated December 23, 1994).

Types of designs: industrial designs (or combinations thereof) which are new and original.

Novelty: the essential features of a design must not be known anywhere in the world prior to the priority date.

Not registrable: designs resulting from the technical function of the article; which are contrary to the public interest or morality; those related to structural forms, with the exception of minor architectural forms; printing products as such; articles having unstable shape, such as liquids, gaseous or bulk substance.

Priorities: according to the Paris Convention.

Territory covered: the Republic of Tajikistan.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, no legalization (if the application is filed through a local agent);
2. Photographs and/or drawings;
3. Specification of the design, to be translated into Tajik (Farsi) or Russian;
4. Priority document (if any).

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be sent at a later date.

Examination Procedure

Examination: a formal and a substantive examination (novelty).

Amendments and corrections: possible, voluntary within three months following the filing date, as well as during the examination (if no essential modifications are introduced).

Publication: six months from the date of the decision to grant a design, in the Patent Office Official Gazette.

Protection

License rights, opposition and invalidation are regulated in the same manner as for “patents“.

Duration: ten years from the filing date.

Extension: additional five years.