About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

Legislative Implementation of Flexibilities - Tajikistan

Title:Articles 4, 5, 8 and 10 of the Law of the Republic of Tajikistan on Secret Inventions of 21/07/2010
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

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 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 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".

https://www3.wipo.int/contact/en/area.jsp?area=development_agenda https://www.wipo.int/pressroom/en/ https://www.wipo.int/tools/en/disclaim.html https://www.wipo.int/en/web/privacy-policy/ https://www.wipo.int/en/web/accessibility/ https://www.wipo.int/tools/en/sitemap.html https://www3.wipo.int/newsletters/en/ https://www.wipo.int/podcasts/en/ https://www.wipo.int/news/en/