About the scientific intellectual property

 
 
(Statements of the Mejlis of Turkmenistan 1992, no. 9, p. 86)
 
(With changes and additions made by the Turkmenistan law dated 18.04.2009, no. 32-IV) this Act in accordance with the Turkmenistan law "on property in Turkmenistan" regulates the relations arising in the field of scientific and technical activities in the creation and use of objects of scientific intellectual property as one of the types of intellectual property.
Scientific intellectual property is property for the results of the research, design, research, experimental design, experimental and technical works (hereinafter referred to as "scientific works").
 
Article 1. The legislation of Turkmenistan on scientific intellectual property 1. Relations arising at the scientific objects of intellectual property are governed by this law, other legislative acts of Turkmenistan issued in accordance with regulations of the Cabinet of Ministers.
2. The provisions of this Act apply in respect of Turkmenistan created enterprises, organizations, associations, joint ventures with foreign investment, as well as Turkmen citizens.
3. Public administration bodies of Turkmenistan within the established competence may issue under this Act acts regulating relations arising in the exercise of the right of scientific intellectual property.
4. If an international treaty to which Turkmenistan is a party establishes regulations different from those contained in the existing legislation governing the relations of scientific intellectual property, rules of the international treaty shall apply.
 
Article 2. Objects and forms of scientific intellectual property 1. The scientific intellectual property are expressed in ob″ektivirovannyh forms of intermediate endpoints and spin-offs of scientific works.
2. The results of having the interim nature of the objects that are provided for in the contract, service or special job created or obtained in the course of scientific papers, but not their outcome.
3. The results of having finite nature, include objects created or received as provided for in the contract, service or special task the outcome of scientific works.
4. The results of having a side character, include objects created or obtained in the course of scientific works carried out by pokontraktu, service or special assignment, but not covered by the contract, service or special task and usable solely for purposes other than those which are the subject of the contract, service or special assignments.
5. scientific intellectual property Objects can be represented in any form, on any media, currently known or created in the future.
 
Article 3. The right of scientific intellectual property rights and the reasons for its occurrence 1. The right of scientific intellectual property is recognized and protected by law opportunity owner discretion to possess, use and dispose of various forms of ob″ektivirovannymi the results of scientific works. No one can use them without the permission of the owner.
2. in exceptional cases, the Cabinet of Ministers may be permitted a limited use of scientific intellectual property owner owned by other entities.
3. Exercise of the right of scientific intellectual property must serve as a humane purposes, does not violate the rights and legally protected interests of the State, citizens, enterprises, institutions, organizations, not to cause environmental damage Wednesday.
4. the right of scientific intellectual property arises on the basis of:-receipt and use of ob″ektivirovannyh in various forms of intermediate and final results of scientific works, organization and holding of which were the subject of a special agreement between the parties (contract, agreement);
-get into ob″ektivirovannyh forms of scientific work at carrying out independent scientific work by individuals or their groups (associations), including the implementation of their entrepreneurial activity;
-get into ob″ektivirovannyh forms spin-offs of scientific works, as provided by paragraph 4 of article 2 of this law.
 
Article 4. Subjects of the right of scientific intellectual property rights 1. Entities of scientific intellectual property can be natural persons and legal entities of Turkmenistan and foreign States or international organizations.
2. The right to be the owner of the intellectual property belongs to science Developer (author, creator) of the property, i.e. citizen or group directly involved in creating the object of scientific intellectual property.

3. The right to be the owner of scientific intellectual property owned by an employer (legal entity: a scientific institution, organization, Enterprise, institution, public body or body control) if the creation (development) of the scientific intellectual property rights related to the work under the contract or special task (according to the plans of scientific institutions, organizations) and creation (development) of the scientific intellectual property materials, facilities, equipment and other resources owned (economic management , operational management) of the employer with whom the developer (the creator) of scientific intellectual property is in labor relations or contracted.
4. The owner of the scientific objects of intellectual property is an employer (legal entity: a scientific institution, organization, Enterprise, institution, public body or body control), if between him and his unit and developer of the contract or the contract on which the developer submits the employer all rights on scientific intellectual property without any restrictions in full for the duration of its validity. When this assignment is accompanied by obligations of the employer to ensure the conditions necessary for effective creative work of the developer, and he in the creation and implementation of scientific intellectual property compensation.
5. The owner of the scientific objects of intellectual property may be both a developer (creator) scientific intellectual property rights and the employer (a scientific institution or other organization) with which the developer is in labour relations and performs research and other work order service or special tasks (work plan), if not otherwise agreed in terms of the ownership of the object of scientific intellectual property.
In this case, along with employer Developer reserves the right to use the generated scientific intellectual property or license to third parties.
6. The owner of the objects of scientific intellectual property arising in the scientific establishment, the Organization in the conduct of research and experimental-design works, is composed in an employment relationship with the employer, the developer (creator) of the scientific intellectual property, which the employer through an internal license or other agreement on mutually beneficial terms lost ownership of the object of scientific intellectual property.
7. The owner of the objects of scientific intellectual property produced by independent initiative of scientific works, are citizens or their groups, carried out this work.
8. the right of scientific intellectual property belongs to the developer (the creator) if the creation (design) of the intellectual property object not associated with the work under the contract, service or special task (according to the plans of scientific organizations) and creation (development) of the scientific intellectual property not used materials, tools, equipment and other resources owned (economic management, operational management) enterprises, scientific institutions, organizations, educational institutions, with which a developer (creator) of the scientific intellectual property is in labor relations or contracted.
9. Owner of side scientific objects of intellectual property are nationals of or legal persons who worked or received these results.
The owner side of objects of scientific intellectual property must turn to the side, which contracted or which in the order of service or special job execution of research works, with a suggestion about how to use these objects, which should be the subject of a separate contract. In case of failure of the owner or the owner of no agreement side objects of scientific intellectual property may use them yourself.
10. If an integral part of the new object of scientific intellectual property is an object that is owned by a different owner, ownership, use and management of new scientific intellectual property is defined by the agreement of the owners.
 
Article 5. The contract as the basis for the emergence of the legal protection of scientific intellectual property 1. The right of scientific intellectual property may arise under a contract (Agreement) of the customer and the contractor regarding the production of scientific papers and obtain specific scientific results.

2. The contract shall define the legal regime of academic intellectual property for intermediate, final and spin-offs of these works, sources of funding and logistics, the owner of works results, events and conditions of patenting these results, ensure confidentiality, the creation or use of a single object of scientific intellectual property or the conditions of the assignment (transfer) law of scientific intellectual property to other persons responsible for the violations of this law, the distribution of revenue derived from the use of this right as well as other conditions arising from the subject matter of the contract.
3. If the owner of the results of scientific works is a State institution, organization, Enterprise, and these results are suitable for patenting, the party who is the executor of the contract (the Contracting Party), shall, unless otherwise provided by contract, to prepare and make, in the prescribed manner and at its expense request for patent examination on their patentability.
 
Article 6. Labour and collective agreements as a basis of legal protection of scientific intellectual property 1. The right of scientific intellectual property may arise on the basis of a contract (Agreement) when conducting research works in order of service or special tasks (work plans) scientific institutions or organizations.
When entering into an employment contract, in accordance with the scientific work, it should incorporate requirements arising from this Act and to protect the rights of scientific intellectual property, as well as provide estate or other responsibility for the violator of the law.
2. the administration of enterprises, organizations, institutions in modifying existing working conditions, certain employment contract, which does not provide for measures for the protection of intellectual property right to science include the requirements arising from this Act and to protect the scientific intellectual property, as well as establishing liability for the infringer of the right.
In case of refusal the developer from the continuation of the work if the material change in the conditions of labour, employment contract with him shall be terminated in accordance with the established procedure.
3. the right of scientific intellectual property may arise on the basis of a collective agreement between a scientific institution or that the contracting authority and the team of performers, both while in labour relations with the employer, and not in such a relationship.
In the collective agreement defines the legal regime of ownership obtained scientific results, the conditions and procedures for their use, other essential conditions for organizing and conducting scientific works.
 
Article 7. The right Developer (creator) of the scientific intellectual property 1. Developer (creator) of the scientific intellectual property shall be entitled to remuneration in accordance with the employment contract or collective agreement, which passes by inheritance.
2. the contract, employment or a collective agreement may provide for the right Developer (creator) of the scientific intellectual property at a fraction of the profit (income) received by the owner of the object.
 
Article 8. Use of scientific intellectual property 1. Income, including foreign exchange earnings obtained from economic activities, including entrepreneurial, scientific objects of intellectual property belong to the owner except for the developer's share of specified contract work or other agreement.
2. the right of scientific intellectual property on specific objects can be passed as a contribution to the formation of the authorized Fund (capital) of the joint-stock company, joint venture, a business partnership, other enterprises, organizations and establishments or their unions.
3. enterprises, organizations, institutions under contract with the owner have the right to use or brokering a reimbursable counterparty transfers received from the owner of the scientific objects of intellectual property.
4. legal persons and citizens may be restricted in the right to dispose of the objects of scientific intellectual property for reasons of public security or to ensure the defence of the country. A list of such objects and order of restriction of the rights established by the Cabinet of Ministers of Turkmenistan.
5. citizens and legal persons who, prior to the registration of objects of scientific intellectual property regardless of the owner and the author of the scientific intellectual property created and used the same object, or made necessary preparations for its use, shall retain the right to further use without the gratuitous expanding its volume (IE. the right of prior use).
 
Article 9. Assignment (transfer) law of scientific intellectual property 1. The owner has the right to cede (transfer) its right of scientific intellectual property rights wholly or partially by other citizens or legal entities.

2. an assignment of a right may be exercised by the owner free of charge or for a fee, as well as on the conditions of mutual benefits, ensuring an appropriate share of the income from the use of the assigned rights counterpart.
3. the contract on assignment of rights can be subject to the right of the owner to receive an appropriate share of the income from the profits actually earned counterpart through the use of assigned rights, as well as the manner and procedure for the calculation of the profit and revenue share, accounting methods and calculations.
4. The assignment of the right may be of an exceptional nature. In this case, the person who assigned the right, may within the ustupli use of the right referred to it without the involvement of others, including the owner, and, if not otherwise specified in the contract, provide non-exclusive permission to other persons to use the assigned rights.
The assignment of the right may be irrevocable. In this case, the owner cannot revoke permission (license) to use the scientific intellectual property, which he handed over to another person.
The assignment of the right of scientific intellectual property must be made in writing in the form of a contract and in cases specified by law, on the basis of the authorization in accordance with the established procedure.
 


Article 10. Duty of confidentiality

 
1. The parties may, upon conclusion of the contract of employment or collective agreement, the execution of research works or use their results can establish a mutual obligation to keep secret and not to disclose the results of those works, information about processes, marketing, financial, business and other information related to the subject and the terms of the contract, classified as confidential ("confidential information").
2. The disclosure of confidential information is a violation of the right of scientific intellectual property and subject to violator by law or contract, the estate or otherwise.
3. Exceptions to these rules are permitted only with respect to information which:-was previously, until the conclusion of the contract, known to the parties;
-was obtained from a third party without obligation to comply with its privacy;
-in other cases established by the legislation or a contract.
4. In cases stipulated by the legislation of Turkmenistan or contract (contract, agreement), the duty of confidentiality may continue after the termination of the contract or employment relationship within one year, unless otherwise provided by contract.
5. the owner or person who is assigned (transferred to) the right scientific intellectual property, may in accordance with the law to claim compensation for damage to property caused by the violation of the rules of confidentiality.
6. citizens and legal persons are obliged to maintain confidentiality regarding the scientific objects of intellectual property received by them for the examination or review.
 
Article 11. Protection of scientific intellectual property 1. Protection of the right of scientific intellectual property carried out in court. When disputes are resolved all matters of reparation to the owner in full damages.
2. termination of activities that violate the rights of the proprietor shall be carried out in accordance with the law.
3. the owner may require the removal of any violations of its rights of scientific intellectual property even if the violations and did not involve the deprivation of the owner of the right to own, use and dispose of the subject of scientific intellectual property.
4. When inflicting the owner of moral damage, the perpetrator is liable for it, even if not proven damage. To assess the injury and his property reimbursement explores the circumstances and gravity of the breach, the degree to which the unauthorized use of scientific intellectual property rights.
 
Article 12. Violation of the right of scientific intellectual property damages caused by citizens and legal persons as a result of the publication of illegal acts or commit illegal acts infringing the rights of the owner and other persons on the possession, use, or disposition of the scientific objects of intellectual property, subject to compensation in full from the funds at the disposal of the relevant body of State administration, local public authority, or of the citizen, which caused such damage.
 
Article 13. Scientific intellectual property joint ventures, foreign citizens, organizations and States 1. Joint ventures with foreign legal and natural persons, established on the territory of Turkmenistan may possess, use and dispose of objects of scientific intellectual property.
2. The provisions of this law shall also apply to the territory of Turkmenistan scientific intellectual property of foreign nationals and stateless persons.
3. foreign States and international organizations may have in the territory of Turkmenistan scientific intellectual property right in the cases and pursuant to procedure established by international treaties and legislative acts of Turkmenistan.
Part four of article 13 is recognized as invalid by the law of Turkmenistan dated 18.04.2009, no. 32-IV.
 
Article 14. The duration of the right of scientific intellectual property
 

1. If the contract, employment contract (Agreement) unless otherwise provided, the duration of the right of scientific intellectual property on specific objects is 25 years starting from January 1 of the year following the year in which it received and framed.
2. In case of reorganization or liquidation organization owner or death of a citizen, which is the owner of scientific intellectual property, this right is inherited by their heirs.
 
Article 15. Registration and accounting of objects of scientific intellectual property authority responsible for the State registration and accounting of the scientific objects of intellectual property, collects and processes information about ongoing and completed research papers in Turkmenistan and creates national information Fund of scientific intellectual property.
 
The President of Turkmenistan Saparmurat Niyazov mountains. Ashgabat, September 30, 1992
 # 755-XII