Intellectual property law is based on the Constitution of Turkmenistan and regulated by the legislation of Turkmenistan, mainly in accordance with the section of the Civil Code of Turkmenistan.
Intellectual rights are the rights to the results of intellectual activity and equivalent means of individualization. Intellectual rights include exclusive rights, which are property rights, and in the cases provided for by the legislation of Turkmenistan, personal non-property rights and other rights (right of passage, right of access and others).
Intellectual Property Rights
Intellectual rights do not depend on the ownership of a tangible medium (thing) in which the corresponding result of intellectual activity or a means of individualization is expressed.
The transfer of ownership of a thing does not entail the transfer or provision of intellectual rights to the result of intellectual activity or to the means of individualization expressed in this thing, except as otherwise provided by the legislation of Turkmenistan.
The objects of Intellectual Property Rights
The objects of intellectual property rights include the results of intellectual activity and equivalent means of individualization, which are granted legal protection.
The results of intellectual activity include:
- works of science, literature and art;
- programs for computers;
- phonograms, videograms;
- the broadcasting and cablecasting of radio or television programs (the organization of broadcasting or cablecasting);
- utility models;
- industrial designs;
- selection achievements;
- topologies of integrated circuits;
- production secrets (know-how);
- other results of intellectual activity in cases provided for by the legislation and international treaties of Turkmenistan.
The means of individualization of a legal entity, individualization of products, work or services performed include:
- company names;
- trademarks and service marks;
- appellations of origin;
- commercial designations;
- other means of individualization in cases provided for by the legislation of Turkmenistan.
The author of the result of intellectual activity
The author of the result of intellectual activity is a person whose creative work created such a result.
The author of the result of intellectual activity owns the right of authorship, and in the cases provided for by this Code, the right to a name and other personal non-property rights.
Warranty of autorship
The right of authorship, the right to a name and other personal non-property rights of the author are inalienable and non-transferable. The waiver of these rights is void.
Authorship and the name of the author are protected indefinitely. After the death of the author, protection of his authorship and name may be carried out by any interested person to whom he entrusts the protection of authorship, the name of the author and the inviolability of the work after death, with the exception of the cases when the author appointed the executor of the will.
The exclusive right of the author of intellectual activity
The exclusive right to the result of intellectual activity created by creative labor initially arises from its author. This right may be transferred by the author to another person under the contract, as well as transfer to other persons on other grounds established by law.
The rights to the result of intellectual activity created by the joint creative work of two or more persons (co-authorship) belong jointly to the authors.
BT Legal Department