LAW OF THE REPUBLIC OF TAJIKISTAN ON SECRET INVENTIONS
This law regulates property relationships and related personal non-property
relationships, arising from the creation, legal protection and use of secret invention within the
territory of the Republic of Tajikistan.
Article 1. Main definitions
In this law the following definitions are used:
- application – the set of documents, defined by this law, filed with the Patent Office in
order to be granted the protection document;
- secret inventions and research – inventions, containing information categorized as a
state secret and classified as provided for by this law;
- secret objects of industrial property – inventions, industrial designs and useful models
containing information classified as a state secret and resulting from human intellectual
activity;
- conditions of patentability – conditions for granting legal protection to an invention,
stipulated by this Law;
- analog of the invention – an object serving the same purpose as the invention, defined
as having aggregate characteristics that are similar to the essential aggregate
characteristics of the invention;
- protection documents – patents or minor patents for a secret invention granted in
accordance with this law;
- state of the art – the aggregate knowledge that has become available to the general
public worldwide before the priority date of the invention.
Article 2. Legislation of the Republic of Tajikistan on secret inventions
The legislation of the Republic of Tajikistan on secret inventions is based on the
Constitution of the Republic of Tajikistan and consists of this law, other normative legal acts of
the Republic of Tajikistan, as well as the international legal acts recognized by Tajikistan.
Article 3. The state authority for protection of secret inventions and research
The state authority for protection of secret inventions and research (hereinafter – the
Patent Office) is to be appointed by the Government of the Republic of Tajikistan to provide the
implementation of a uniform policy in the area of legal protection of secret inventions and
research, accept applications for secret inventions and research, examine and perform the
state registration of secret inventions and research, grant protection documents and act
otherwise as provided for by the constituent documents of the Patent Office.
Article 4. Classification of inventions containing information classified as a state secret
1. In case of an application for a protection document for an invention, filed in
accordance with the Law of the Republic of Tajikistan “On Inventions”, the Patent Office shall
process the application in order to identify any information classified as a state secret, and shall
classify applications containing such information. The procedure of filing and examination of
applications for a patent for a secret invention shall be determined by the Patent Office.
2. The Ministries, state committees, administrative agencies (hereinafter – state bodies)
which have the lists of information subject to classification, have the right to classify the
inventions containing information classified as a state secret and file applications marked for
the appropriate classification level through their security-secrecy departments with the Patent
Office.
3. The Patent Office shall also accept for examination applications for inventions with a
claim to classification filed by individuals referred to in Article 7 of this law (hereinafter -
applicants), through the appropriate security-secrecy departments of the employer or, in the
absence of such an opportunity, directly as provided for by the Law of the Republic of Tajikistan
“On Inventions”.
4. The procedure for classification of applications, containing information classified as a
state secret, determination of classification level, and the terms of review, shall be the authority
of the state bodies appointed by the Government of the Republic of Tajikistan in accordance
with the Law of the Republic of Tajikistan “On State Secret”, as well as this Law.
Article 5. The right to a secret invention and its use
1. The right to a secret invention and its use is protected by this law, the Law of the
Republic of Tajikistan “On State Secret”, as well as by other normative legal acts of the Republic
of Tajikistan.
2. The right to the secret invention and its use shall within the whole classification period
belong to the Republic of Tajikistan represented by the state bodies classifying such an
invention. A secret invention may be used according to the classification level of the state secret
of the Republic of Tajikistan pursuant to the requirements of the Law of the Republic of
Tajikistan “On State Secret”.
3. The use of a secret invention by a third party, be it in the national interest, may be
authorized by the classifying state body in the order prescribed by the Government of the
Republic of Tajikistan in compliance with its classification status.
4. The right of ownership of a secret invention shall belong to the Republic of Tajikistan
for the whole term of classification.
Article 6. Author of a secret invention
1. The author of the secret invention is deemed to be the individual who has developed
the respective invention through their creative effort.
2. If several individuals have taken part in the creation of the secret invention, all of them
shall be deemed to be its authors.
3. Individuals who have not personally added any creative contribution to the secret
invention but only provided the author (authors) with technical, organizational or financial
support, or assistance in the registration of the rights to the invention and its use shall not be
deemed the authors.
4. The right of authorship shall be an inalienable personal right subject to perpetual
protection.
5. The authorship in a secret invention shall be certified by the patent, issued by the
Patent Office, which shall serve as grounds for an of incentive premium, an indemnity payment
for the classification and a compensation for its use.
6. Should a secret invention be used in the national interest, the author (authors) shall
be granted compensation by the state body classifying such invention. The amount and the
terms of payment shall be determined by an agreement between the author and the state body
classifying the invention.
Article 7. Terms for filing, examination and classification of an application for a secret
invention
1. The right to file an application for a secret invention belongs to the author (authors) of
the secret invention or to his/her (their) successors, including the party acquiring the respective
right by assignment.
2. Unless an agreement between the employer and the author of the secret invention
provides otherwise, the right to file the application for the invention, containing information
classified as a state secret which has been created in accordance with the Law of the Republic
of Tajikistan “On Inventions”, belongs to the employer or their successors, including the party
that acquires such right by assignment.
3. An application shall be prepared in accordance with the Law of the Republic of
Tajikistan On Inventions. The procedure for examination of an application for a secret invention
and the order of its classification shall be determined by the Patent Office of the Republic of
Tajikistan.
Article 8. Conditions on protectability of a secret invention
1. The conditions on patentability of an invention prescribed by the Law of the Republic
of Tajikistan “On Inventions” shall apply to determine the legal protectability of the secret
invention.
2. When determining the novelty of the secret invention, along with the information
stipulated by the Law of the Republic of Tajikistan “On inventions”, the state of the art shall
include the following documents in case they have earlier priority:
–protection documents of the Republic of Tajikistan for the secret objects of industrial
property;
– applications for protection documents for secret items of industrial property filed in the
Republic of Tajikistan by other parties (with the exception of withdrawn applications);
–information containing a state secret disclosed in a printed publication or another
source of information, that has become available in the Republic of Tajikistan to parties having
lawful access to such information before the priority date of the claimed secret invention.
3. When determining the novelty of the secret invention, the level of classification of the
information categorized as a state secret included in the state of the art may not be higher than
the level of classification of the claimed secret invention.
Article 9. Priority date of a secret invention
1. The priority date of a secret invention shall be determined by the date of filing the
application with the Patent Office in accordance with item 3, Article 4 of this Law.
2. The priority date of the secret invention may be determined by the date of filing with
the Patent Office of additional materials drawn up by the applicant as an independent
application, provided the latter is filed before the end of the three month term on the applicant’s
receipt of the notification that the additional materials may not be taken into account as
changing the substance of the claimed invention.
3. The priority date of the secret invention may be determined by the date of filing an
earlier application for the invention by the same applicant, disclosing such invention, if the
application for the invention where priority date is sought, is filed within twelve months after the
date of filing the earlier application for the invention. In this case the earlier application for the
invention shall be deemed withdrawn.
4. The priority date of the secret invention may be determined as the date of filing of
several previous applications if each of them was in compliance with the conditions stipulated by
item 3 of this Article.
5. The priority date of the secret invention may not be determined by the date of filing the
application where by an earlier priority date has been already sought.
6. The priority date of the secret invention under a divisional application for the secret
invention shall be determined by the date of filing with the Patent Office of the initial application
by the same applicant disclosing such invention, provided the divisional application has been
received before dismissal of the initial application, and the grounds for appeal on the latter have
been exhausted; or in case of receipt of the decision to grant the protection document on the
aforementioned application, before the date of the invention registration with the State registry
of secret inventions.
7. Should examination reveal any identical inventions with the same priority date, the
protection document may be granted on the application showing the earliest date of dispatch to
the Patent Office. In case of these dates being the same - on the application with the earliest
registration number with the Patent Office, unless an agreement between the applicants
provides otherwise.
Article 10. Examination and registration of secret inventions
1. Applications for secret inventions classified pursuant to Articles 4 and 7 of this Law
shall be subject to a secret invention examination pursuant to the unclassified invention
procedure provided for by the Law of the Republic of Tajikistan “On Inventions”, subject to the
following particulars:
– examination of an application for a secret invention shall consist of a formal
examination and a review of the merits;
– in reviewing the merits, the Patent Office may engage representatives of the relevant
state bodies;
– heads of the proper state bodies shall formally dispatch the aforementioned
specialists, subject to payment of their average compensation, as well as a travel and
accommodation allowance;
– examination on the merits of an application concerning a new weapon, military
equipment or a special device, shall be carried out following the respective resolution of the
appropriate state bodies, the list of which is to be determined by the Government of the
Republic of Tajikistan;
– the cost of the examination shall be borne by the state bodies classifying the invention.
2. Upon completion of the merits review, the application for the object classification shall
either be upheld or dismissed.
3. Should the Patent Office recognize the claimed invention as a secret one, the Patent
Office shall enter the secret invention in the State registry of secret inventions of the Republic of
Tajikistan and grant the protection document to the author (or authors).
4. The information concerning the secret inventions shall be entered into the State
registry of secret inventions of the Republic of Tajikistan. The rules of record keeping by the
State registry of secret inventions of the Republic of Tajikistan shall be enacted by the
Government of the Republic of Tajikistan.
5. The access to the information concerning registered secret inventions shall be subject
to the state secret regulations provided for by the Law of the Republic of Tajikistan “On State
Secret”.
Article 11. Compensation for classification of an invention
1. The applicant shall be compensated for classification of the invention at the rate and
on the terms specified in the agreement between the author and the employer; the applicant
shall also be compensated for the costs of filing and examination of the application for the
secret invention.
2. The expenses referred to item 1 above shall be paid at a time by the state body
classifying the application pursuant to Article 7 of this Law in a lump sum within one month from
the date of the Patent Office’s decision to recognize the claimed invention as a secret one or to
dismiss the claim.
Article 12. Declassification of a secret invention
1. The grounds for the upkeep of the prescribed level of classification of the secret
invention shall be reviewed within the period specified by the classifying state body. The review
may also be initiated by the applicant, author or their successors.
2. The decision to declassify shall be taken as decreed by the Government of the
Republic of Tajikistan at the request of the state body classifying the secret invention.
3. The notification of declassification of the secret invention shall be given to the
applicant, the author and the Patent Office in order to have the respective secret invention
removed from the State registry of secret inventions of the Republic of Tajikistan.
Article 13. Issuance of a protection document for a declassified invention
1. An applicant may, within one year after the declassification date, file with the Patent
Office an application for the protection document concerning the declassified secret invention,
as provided for by the Law of the Republic of Tajikistan “On Inventions”. Protection shall be
granted for the remaining period of validity as of the date of filing the application materials with
the Patent Office as provided for by the Law of the Republic of Tajikistan “On Inventions”,
2. The priority date of the declassified secret invention shall be deemed to be the date of
filing the application documents with the Patent Office in accordance with Article 9 of this Law.
3. The protection document granted for the declassified invention shall be valid as of the
date of filing the application for it and shall be deemed as grounds for the inclusion of the
declassified invention in the state of the art from its priority date for the purpose of determining
the novelty of other unclassified inventions pursuant to the Law of the Republic of Tajikistan “On
Inventions”.
4. The patent for an unclassified invention, granted in accordance with the Law of the
Republic of Tajikistan “On Inventions”, shall be deemed invalid in case of issuance of the patent
for an identical declassified invention with an earlier priority date. The holder of the invalid
protection document for unclassified invention, who has been properly using it before the date of
the application or has made proper arrangements for such use, or if such invention has been
created independently from the author (authors) of the declassified invention, shall retain the
right of further use of such invention without broadening the scope of such use.
Article 14. Compulsory payments
Compulsory payments shall be due:
- for filing the application; for the issuance of the protection document; for keeping it
valid; for the renewal or the recovery due to negligence, as well as for any other lawful act
inherent to a protection document for a secret invention. The complete list of acts subject to a
compulsory payment, the amount and the terms of the payment, as well as the grounds for an
exemption, reduction or refund of the payment shall be established by the law of the Republic of
Tajikistan.
Article 15. Application of this law to a foreign individual or legal entity
Unless an international treaty to which Tajikistan is a party to, provides otherwise, this
Law shall not apply to a foreign national or a legal entity.
Article 16. Settlement of disputes
Disputes arising out of or with respect to a secret invention shall be settled judicially.
Article 17. Liability for violation of the law
An individual or a legal entity shall be liable for a violation of this Law as provided for by
the legislation of the Republic of Tajikistan.
Article 18. Enforcement of the Law
This law shall enter into force after its official publication.
President of the Republic of Tajikistan
Emomalii Rahmon
Dushanbe, July 21, 2010
№ 624