On the legal protection of algorithms of COMPUTER PROGRAMS, databases and TOPOGRAPHIES of INTEGRATED CIRCUITS (statements of the Mejlis of Turkmenistan, 1994., no. 3, art. 20) (with amendments made by the Turkmenistan law dated 22.06.2013 № 414-IV) Chapter i. General provisions article 1. 1 concepts. The basic concepts used in this law: the algorithm is unambiguous meaningful description of the sequence of steps to solve a specific task;
a computer program is an objective presentation of aggregate data and commands intended for the functioning of electronic computing machines (computers) and other computer devices to produce a specific result. Under the computer program means the preparatory materials obtained in the course of its development, and its audiovisual display;
the database is an objective presentation and organization of aggregate data (such as: articles, calculations), structured so that these data can be found and processed using MAINFRAMES;
adaptation of a computer program or database-this changes implemented solely in order to ensure the functioning of computer programs or databases on specific technical user tools or running specific programs of the user;
modification (processing) computer programs or databases is any revisions that are not adapting;
decompilation of computer programs is a technique, which includes the conversion of object code into the source text in order to study the structure and encoding of computer programs;
reproduction of computer programs or databases is the production of one or more copies of a computer program or database in any material form, as well as their entry into the PC memory;
distribution of the computer program or database is providing access to any material reproduced in the form of a computer program or database, including network and in other ways, as well as through the sale, rental, renting, lending, including importation, for any of these purposes;
issue in light (publication), a computer program or database-is the provision of copies of computer programs or databases, with the consent of the author of an unlimited range of entities (including by means of an entry in the memory of the computer and the release of the printed text);
the use of the computer program or database-this issue into the light, reproduction, distribution and other activities on their introduction into economic circulation (including in modified form);
use for commercial purposes is the sale, letting or other method of commercial distribution, as well as proposals to implement these actions. Next, in the text of this Act, the use of precisely understood the use for commercial purposes, unless otherwise specified;
integrated circuit technology is the product of the final or intermediate form intended to perform electronic circuitry functions, the elements and relationships which inseparably formed in quantity and (or) on the surface of the material from which the product is made;
integrated circuit topology (topology) is inscribed on a tangible medium spatial and geometric arrangement of the elements in an integrated circuit and the relationships between them.
2. Under the copyright holder in this law refers to the author, his heir, as well as any natural or legal person who has the exclusive property rights acquired by virtue of the law or treaty.
 
Article 2. Relations regulated by this Law 1. This law regulates, associated with the creation, legal protection and use of algorithms, computer programs, databases and topographies of integrated circuits.
2. Algorithms, computer programs, databases and topographies of integrated circuits include the present law to objects of copyright.
Algorithms, programs for computers and integrated circuits shall be granted legal protection as the works of the scientific literature and databases-as scientific collections.
 
Article 3. The object of legal protection 1. Copyright applies to any algorithms, computer programs, databases and topographies of integrated circuits, both issued and unissued light presented in objective form, regardless of their material carrier, destination and dignity.
2. copyright extends to algorithms, computer programs, databases and topographies of integrated circuits, which are the result of creative activity of the author. Creative activity of the author it is assumed, until proved otherwise.
3. this Act Provided legal protection extends to all types of computer programs (including operating systems and software packages), which may be expressed in any language and in any form.
4. this Act Provided legal protection extends to databases that constitute the result of the creative work of selection and organization of data. Databases are protected regardless of whether the data on which they are based or which they include objects of copyright.

5. this Act Provided legal protection also extends to the ideas and principles underlying algorithm, computer programs, databases, or any item, including the ideas and principles of the Organization of the interface, and programming languages.
6. this Act Provided legal protection does not extend to topology, the totality of elements in which well-known developers and manufacturers of integrated circuits at the date of its creation.
7. copyright on algorithms, computer programs, databases and topographies of integrated circuits is not associated with the ownership of their material carrier. Any transfer of rights on a material carrier does not entail any transfer of rights on algorithms, computer programs, databases and topographies of integrated circuits.
 
Article 4. The conditions for the recognition of copyright. Copyright in a computer program algorithm, database topology integrated circuit 1. Copyright algorithm a computer program, database and integrated circuit topology arises by virtue of their creation.
For the recognition and exercise of copyright on the computer program or database does not require a deposit or registration.
Copyright in a database consisting of materials that are not objects of copyright shall belong to persons who have created the database.
Copyright on the database is recognized subject to the copyright in each of the works included in this database.
The copyright in each of the works included in the database. These works can be used independently from the database.
Copyright in the database does not prevent others from exercising an independent selection and organization of works and materials included in this database.
2. the rightholder for alerts about their rights can, starting with the first publication of the algorithm, computer programs, databases or integrated circuit topologies use the copyright symbol, consisting of three elements:-the letter c in a circle or in parentheses;
-name (name) of the copyright owner;
-the year of the first issue of the computer program or database.
 
Article 5. Duration of copyright 1. Copyright law has been in effect since the inception of the algorithm, computer programs, databases and integrated circuit topology during the lifetime of the author and 50 years after his death, counting from 1 January of the year following the year of death of the author.
2. Duration of copyright in a computer program algorithm, database and integrated circuit topology created in co-authorship, is calculated from the time of the death of the last surviving author's other sponsors.
3. the copyright in a computer program algorithm, database and integrated circuit topology, issued anonymously or under a pseudonym, is valid from the moment of their publication within 50 years. If the author of the algorithm, computer programs, databases and integrated circuit topology in light anonymously or under a pseudonym reveals his identity within the specified period or adopted by the author leaves no alias doubt his identity, the term of protection provided for in paragraph 1 of this article.
4. Personal rights of the author of the algorithm, computer program, database and integrated circuit topology are protected indefinitely.
 
Article 6. The scope of this Act, copyright in a computer program algorithm, database and integrated circuit topology, first issued on the territory of Turkmenistan, or not released into the light, but in its territory in an objective form on the territory of Turkmenistan.
It is recognized for the author, his heirs or other successors in title of the author, regardless of nationality.
Copyright is also recognized for citizens of Turkmenistan, algorithm, computer program, database and integrated circuit topology which released in light or in any objective form on the territory of a foreign State, or their successors.
For citizens of foreign States copyright in a computer program algorithm, database and integrated circuit topology, first released in light or existing in an objective form on the territory of a foreign State shall be recognized in accordance with the international treaties to which Turkmenistan is a party.
 
Chapter II. Copyright Article 7. The authorship of the 1. The author of the algorithm, computer programs, databases and topologies of IC recognizes an individual, as a result of creative activity which they are created.
If the algorithm, computer program, database and integrated circuit topology created by the joint creative work of two or more natural persons, regardless of whether the algorithm, computer program, database and integrated circuit topology of parts, each of which has an independent significance, or are indivisible, each of these persons is recognized as the author of such an algorithm, computer programs, databases and topologies of integrated circuits.
2. If part of the algorithm, computer programs, databases and integrated circuit topology are independent, each author has the right to authorship on his part.
 
Article 8. Personal law
 

The author of the algorithm, computer programs, databases and topologies of IC regardless of their property rights belong to the following rights: the right of authorship, that is, the right to be considered the author of the algorithm, computer programs, databases and integrated circuit topologies;
-the right to a name-that is, the right to determine the form of specifying the name of the author of the algorithm, computer program, database and integrated circuit topology under the conditional name (pseudonym) or anonymously;
-the right to security (integrity)-that is, the right to protection as the algorithm itself, computer programs, databases and integrated circuit topologies and their names from any kind of distortion or other attacks that could undermine the honor and dignity of the author.
 
Article 9. Property rights 1. The author of a computer program, a database, or other copyright holder has the exclusive right to exercise and (or) allow the implementation of the following:-issue in light of the computer program or data base;
-reproduction of computer programs or databases (full or partial) in any form or by any means;
-distribution of computer programs or databases;
-modification of the computer program or database, including translation of the computer program or database from one language to another;
-any other use of the computer program or database.
2. integrated circuit topologies to the author or other copyright holder has the exclusive right to use this topology have the discretion, in particular through the manufacture and distribution of integrated circuits with this topology, including the right to prohibit the use of this topology by others without permission, except as provided by this law.
Use of the rights belonging to multiple authors and other rightholders topology is determined by agreement between them.
Infringement of the exclusive right to use of topology is the Commission of the following: without the permission of the author or other copyright holder:-copy the topology, in whole or in part by its inclusion in an integrated circuit or otherwise, except for copying only the part which is not original;
-application, import, offering for sale, sale and other introduction into economic circulation of the topology, or integrated circuit with this topology.
 
Article 10. Transfer of property rights 1. Proprietary rights in the algorithm, computer program, database and integrated circuit topology can be transferred in whole or in part to other natural or legal persons under the Treaty.
The contract shall be in writing and must set out the following essential conditions:-volume and how to use the algorithm, computer programs, databases and integrated circuit topologies;
-payment and remuneration;
-duration of the contract.
2. Proprietary Rights in the algorithm, computer program, database, and topology of integrated circuit are transferred by succession in accordance with the law.
 
Article 11. Property rights algorithm, computer program, database and integrated circuit topology created in order to discharge their duties and pursuant to an agreement with the employer 1.  Proprietary rights in the algorithm, computer program, database and integrated circuit topology created in fulfilment of their duties or on the instructions of the employer, shall belong to the employer, unless the contract between him and the author does not stipulate otherwise.
2. The procedure for the payment and the amount of remuneration shall be established by agreement between the author and the employer.
3. Proprietary Rights in the algorithm, computer program, database and integrated circuit topology created by the author under the contract with the customer, non-employer, shall belong to the employer, unless otherwise provided in the Treaty.
 
Article 12. Right to registration 1. The rights owner of all property rights to the algorithm, computer program, database and integrated circuit topology, either directly or through his representative during the term of copyright may voluntarily register algorithm, computer program, database and integrated circuit topology by filing an application with the State Office for intellectual property, Ministry of economy and development of Turkmenistan (hereinafter Turkmenpatent).
2. application for formal registration algorithm, computer programs, databases and topology of an integrated circuit (hereinafter registration application) must be of the same algorithm, a computer program, a database, or a single topology.
Rules of registration of the application for registration determines Turkmenpatent.
3. After receipt of the application for registration of Turkmenpatent checks for required documents and their compliance with requirements, examines the algorithm, computer programs, databases and topologies of integrated circuits.
A positive verification Turkmenpatent making algorithm, computer program, database and integrated circuit topology algorithms and programs Fund (FAP), issue to the applicant a certificate of official registration and publishes information about registered hashing algorithms, computer programs, databases and topologies of integrated circuits in the Official Gazette of Turkmenpatent. The resulting certificate gives the right to take the substance applications scientific work.

On request of Turkmenpatent or its own initiative, the applicant may, prior to publication of the information in the Official Journal supplement, clarify and correct application materials.
4. the procedures for official registration, forms, certificates of registration, composition data contained in Turkmenpatentom are set, they also determined the list of information published in the Official Gazette.
5. Treaty on full assignment of all property rights to a registered algorithm, computer program, database and integrated circuit topology is subject to registration in Turkmenpatente.
Treaties on the transfer of property rights on algorithm of computer program, database and integrated circuit topology can be registered in the Turkmenpatente by agreement of the parties.
6. The particulars entered in the Foundation of algorithms and programs are considered reliable until proved otherwise.
Responsible for the accuracy of specified information rests with the applicant.
7. For the implementation of activities related to official registration algorithms, computer programs, databases and topographies of integrated circuits, contracts, and publication information registration fees are charged.
Dimensions, the timing of registration fees, as well as the grounds for exemption from paying them or reducing their sizes are established by the Cabinet of Ministers of Turkmenistan.
 
Chapter III. Using algorithms, computer programs, databases and topographies of integrated circuits Article 13. Using algorithms, computer programs, databases and topographies of integrated circuits on a treaty with the holder 1. Using algorithms, computer programs, databases and topographies of users based on an agreement and license with the rightholder, except for cases set forth in this Act.
2. the agreement on the use of algorithms, computer programs, databases and topographies of integrated circuits shall be in writing.
3. When selling and delivering massive users access to algorithms, computer programs, databases and topographies shall be permitted to apply simplified contracting, for example, by presenting a model contract conditions on passed copies of algorithms, computer programs, databases and topographies of integrated circuits.
 
Article 14. Free reproduction and adaptation of computer programs, databases, 1. A person lawfully in possession of a copy of a computer program, a database may, without obtaining additional permission to perform any actions associated with the operation of computer programs, databases, in accordance with its purpose, including recording and storing in the memory of the computer, as well as correction of obvious errors. Recording and storing in the memory of COMPUTERS allowed for one or for a single user on the network, unless otherwise stipulated in the agreement with the rightholder.
2. a person who is lawfully in possession of a copy of a computer program, a database may, without the consent of the copyright owner and without payment of additional remuneration to the adaptation of computer programs, databases;
-make or entrust the manufacture of copies of computer programs, databases, provided that the copy is not designed for transfer to other persons and if necessary (in the case where the original computer programs, databases, lost, destroyed or becomes unfit for use) to replace the legally owned copy. A copy of a computer program, a database cannot be used for other purposes and must be destroyed if the further use of these computer programs, databases, ceases to be lawful.
3. a person who is lawfully in possession of a copy of a computer program, a database may not without the consent of the copyright owner and without payment of additional remuneration to decompile or entrust the decompilation of computer programs.
 
Chapter IV. Protection of the rights of Article 15. Copyright infringement. Infringing copies of algorithms, computer programs, databases and topographies of integrated circuits 1. Natural or legal person which does not comply with the requirements of this Act with regard to the exclusive rights of copyright holders, including imports Turkmenistan instances algorithms, computer programs, databases and topographies of integrated circuits manufactured without the permission of their owners, is infringing copyright.
2. Counterfeit recognized instances of algorithms, computer programs, databases and topographies of integrated circuits, manufacture or use of which entails a violation of copyright.
3. Counterfeit copies are also protected in Turkmenistan in accordance with this law, algorithms, computer programs, databases and topographies of integrated circuits, imported into Turkmenistan from the States in which these algorithms, computer programs, databases and topographies of integrated circuits have never been protected or have ceased to be protected by law.
 
Article 16. Protection of the rights of the algorithm, computer program, database, and topology of integrated circuit 1. The author of the algorithm, computer programs, databases and integrated circuit topologies and other copyright holders have the right to demand:-the recognition of the rights;
-restore the situation existing before the breach of law and cessation of actions that violate the law or threaten its violations;

-reimbursement of damages, the amount of which included ill-gotten income violator.
2. For the protection of their right to rights holders may apply to the Court.  Payment by the infringer of compensation shall be determined by the courts.
 
Article 17. Seizure of counterfeit copies of algorithms, computer programs, databases and topographies of integrated circuits to instances of algorithms, computer programs, databases and topographies of integrated circuits manufactured, reproduced, sold, imported or otherwise used or intended for use in violation of the rights of authors of algorithms, computer programs, databases and topographies of integrated circuits and other right holders, may be seized in accordance with the procedure established by law.
 
Article 18. Other forms of liability Release under his own name, algorithms, computer programs, databases and topographies of integrated circuits or the unauthorized reproduction or distribution of such products entails criminal liability in accordance with the law.
 
 
  President of Turkmenistan Saparmurat Turkmenbashi mountains. Ashgabat, September 23, 1994 no. 964-XII