Legislative Implementation of Flexibilities - Turkmenistan

Title:	Article 38 of the Patent Act No. 867-XII of 01/10/1993
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Article 38. License

l. Any natural person or entity who wishes to use patented invention, industrial pattern or registered trade mark should have patent from the holder for invention or industrial pattern and the license from the holder of evidence for trade mark. License agreement is concluded for certain period, subject to registration in Turkmenpatent and comes into force from the date of its registration. Without registration the license agreement is considered invalid.

2. The holder of patent (temporary patent) for invention may ask Turkmenpatent to publish application on giving to any natural person or entity the right to use invention (open license). In this case duty for maintenance of patent (temporary patent) is decreased by 50% beginning from the year following the year of publication of such application. Person who wishes to use indicated invention should conclude an agreement with patent holder on payments.

3. In the interests of defense of Turkmenistan and for maintenance of public order the Cabinet of Ministers of Turkmenistan has the right to permit to use the object of industrial property without agreement of patent holder with payment of money compensation, which are comparable with market price of the license.

4. When issuing the state order to the enterprise on manufacturing the products with using inventions the patent (temporary patent) on which belonging to other natural persons or entities in Turkmenistan and also to foreign citizens, the body issuing the state order provides the license acquisition.