Tajikistan Introduces Patent Term Extensions

On November 14, 2016, Tajikistan passed amendments to its Law on Inventions which provide for extensions of national and Eurasian patents in Tajikistan. The amendments entered into force on the same day, but the procedure for applying for extensions is yet to be determined by the Tajik PTO.

According to the new provisions added to Article 4 of the Tajik Law on Inventions, the term of protection for a national or Eurasian patent in the field of pharmaceuticals, pesticides and agrochemicals whose use requires a drug registration certificate can be extended if more than four years have lapsed from the date of filing the patent application until the date of obtaining the drug registration certificate (marketing authorization). The patent term will then be extended by the amount of time elapsed between the filing date of the patent application and the date of receipt of the drug registration certificate, minus four years, but amounting to no more than five years.

Now all Eurasian Patent Organization (EAPO) member states’ national legislations provide for patent term extensions.

The European continent is ‘split’ between the European Patent Convention (EPC) countries and the Eurasian Patent Convention (EAPC) countries. The EPC was the model for the EAPC; therefore Eurasian patents work in a similar way to European patents in EPC countries.

There are eight EAPO member states: Turkmenistan, Belarus, Tajikistan, Russia, Azerbaijan, Kazakhstan, Kyrgyzstan and Armenia. Moldova is a former member state; in 2011, it denounced the Eurasian Patent Convention, the treaty that instituted Eurasian patents and the EAPO in 1995.

Prepared by: Tatjana Nakevska

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Source: Tajik National Patent Information Center