Tajikistan's reply: Yes, they do.

Tajikistan's reply to follow-up question: Provision of Article 34 of the Copyright law covers this matter.

Tajikistan's reply: The amended Law on Inventions and other legislation that implements TRIPS requirements have been duly notified and are available for review.

Tajikistan's reply: Tajikistan will look into the matter and notify the missing legislation, if any.

Tajikistan's reply: In the legal system of the Republic of Tajiklstan there is no such thing as the " Enforcement law" . Each substantive IP law contains also some provisions on their enforcement. In addition, there are procedural laws, which regulate civil, penal and administrative procedures; however these laws are general, they regulate procedures, regardless of the subject matter, which may, or may not be related to IP rights.

Tajikistan's reply: The government does not have any specific immediate plans for dealing with anticompetitive licensing.

Tajikistan's reply: Yes, only Tajikistani citizens are permitted to be patent attorneys in Tajikistan. This is based on Tajikistan's legal traditions, where the assumption is that the essential requirement for a patent attorney is to speak the local language and to know the local law.

Tajikistan's reply: In accordance with the applicable laws the customs and criminal enforcement have an ex officio authority to enforce intellectual property rights. However, their enforcement activities are limited. Tajiklstan plans to address the issue of JP enforcement in due course.

Tajikistan's reply: Tajikistan is of the opinion that penalties for counterfeiting and piracy are a deterrent, and could not be seen as just the cost of doing business.

Tajikistan's reply: The Government of Tajikistan takes this issue seriously and will take the necessary steps to eliminate unlicensed software use in accordance with the available resources. In this respect, the government provides funding for acquisition of the legitimate software by governments entities. In addition, in November 2014, representatives of Microsoft met with several ministries to discuss the issue and possible solutions.

Tajikistan's reply: Tajikistan appreciates the readiness of U.S. expert agencies to provide assistance in implementing specific reforms and is looking forward to such cooperation.

According to Article 1232 of the Civil Code of the Russian Federation (hereinafter – CC RF) in cases when the result of intellectual activity or means of individualization is subject to state registration, alienation of the exclusive right to such result or such means by contract, pledge of this right, and grant of the right of use of such result or such means by contract, and likewise also the transfer of the exclusive right to such result or such means without a contract are subject to state registration. Exclusive rights to such objects of intellectual property as inventions, utility models, industrial designs, trademarks and service marks (hereinafter – trademarks) shall be recognized on the condition of their state registration. Regarding computer programs, databasesand topology of integrated circuits state registration is conducted at the option of the rightholder. Thus currently in the Russian Federation subjects to state registration are contracts for the alienation of the exclusive right to an invention, utility model, industrial design, computer program, database, topology of integrated circuit and contracts for grant of the right of use (including license contracts and franchise) and contract for the pledge of an exclusive right to invention, utility model, industrial design, trademark, topology of integrated circuit. Order and terms of state registration of the four abovementioned types of juridical facts are established by the Government of the Russian Federation. In regard to objects of copyrights and related rights which do not need to make state registration, it is stipulated in Article 1259 of the Civil Code of the Russian Federation.

Article 1233 of the Civil Code of the Russian Federation provides two kinds of contract on the disposal of an exclusive right by rightholder: Contract for the Alienation of an Exclusive Right (Civil Code of the Russian Federation, Article 1234) and License Contract (License Contract, Article 1235). License Contract provided in Article 1234 of the Civil Code of the Russian Federation Contract for the Alienation of an Exclusive Right provide author's (rightholder's) possibility to transfer (alienate) the exclusive right belonging to him to a result of intellectual activity or a means of individualization in full scope to the other party (the recipient) that means absence of the copyright to use transmitted the result of intellectual activity in any way subsequently. By a contract for the alienation this right shall pass to the recipient acquiring the result of intellectual activity. In Article 1235 of the Civil Code of the Russian Federation stipulates that a license contract (on submitting of an exclusive license or nonexclusive license). Such kind of contract is widely used in all countries as the rightholder's method of disposal of exclusive rights whereby the licensor (rightholder) saves the exclusive right to a result of intellectual activity and the licensee may use the specific result of intellectual activity in stipulated ways on certain territory by certain terms. Conclusion of License Contract shall entail a transition of the exclusive right to the licensee. In case the author (rightholder) concludes a contract about alienation of the exclusive right to the result of intellectual activity or to the means of individualization with whom provide a procedure of state registration, than this contract also needs to state registration. Mandatory state registration are required only in the Patent Rights Object (CC RF, Chapter 72), Achievements of Breeding (CC RF, Chapter 73), Means of Individualization (CC RF, Chapter 76). According contracts about alienation of the exclusive right to the indicated result of intellectual activity shall be subject to state registration also (paragraph 2 of Article 1232 of the CC RF). Contracts about alienation of the exclusive rights to copyright or related right are not subject of state registration.

If authors (rightholders) conclude License Contracts about granting right to use the result of intellectual activity which needs to state registration, this contract also needs to state registration. Currently subjects of state registration are license contracts for the rights of use of an invention, utility model, industrial design, trademark, and topology of integrated circuit (paragraph 2 of Article 1232 CCRF). That being said, it is worth noting that there is a pending project of Federal Law No. 47538-6 under consideration by the State Duma of the Federal Assembly « Introducing Amendments to the First, Second, Third and the Fourth Parts of the Civil Code of the Russian Federation and ndividual legislative acts of the Russian Federation», developed by the Presidential Council of the Russian Federation on codification and improvement of civil legislation (hereinafter – CC RF Project) CC RF Project suggests radical changes to state registration of contracts for the disposition of the exclusive right to objects of intellectual property. In developing the CC RF Project, provisions of the Singapore Treaty on the Law of Trademarks ratified by Federal Law No.98-FZ d.d. 23.05.2009 «On Ratification of the Singapore Treaty on the Law of Trademarks» were considered. According to CC RF Project state registration of the grant of the right of use of an invention, utility model, industrial design, computer program, topology of integrated circuit, and trademark by a license contract can be conducted on the request of the parties without providing the contract itself.

A film (audiovisual work) is an independent complex object of author rights (Civil Code of the Russian Federation, Article 1259). According to paragraph 1 of Article 1240 of the CC RF a person who has organized the creation of a complex object including several protected results of intellectual activity (e.g. the film) shall obtain the right of use of these films on the basis of contracts (for the alienation of the exclusive right or license contracts) concluded with the rightholders on the respective results of intellectual activity, which had been used in the process of creation of the film. Herewith License Contract about granting right to use (e.g. a music in the film) recognized be invalid in case if such contract contains limiting to use music in the film. Specified positions of the Civil Code of the Russian Federation correspond to positions of subparagraph (b) of paragraph 2 of Article 14 bis of the Berne Convention for the Protection of Literary and Artistic Works from 9th September 1886 (farther Berne Convention) which establishes that in the countries of Berne Union where legislation recognize authors as primary possessor of copyrights about author's cinematographic work who brought creative contribution in creation of this work; if they pledged to bring creative contribution in creation of cinematographic work and they have not some restrictive or special conditions, these authors may not prevent to use cinematographic work for reproduction, spreading, public presentation and performance, report along wires for general information, broadcast on the air or another public report the work, and also forbid a subtitling and a duplication text of cinematographic work. Thereby author of music may conclude with a person who has organized the creation of a complex object License Contract about the use of his musical work in complex object, e.g. in the film, or contract for the alienation the exclusive right by created musical work. In case when concluding License Contract with author of musical work are used in the film, author of music grant to producer of film right to use his musical work in the film in all methods of use the film including public performance (in case of use in cinema, for example), communication over the air or by the cable. Moreover in accordance with paragraph 5 of Article 1263 of the CC RF composer shall keep the exclusive right to his work and may use his work in any method not prohibited by law, if he hadn't transfer exclusive right to his work to the preparer in full. The procedure of Conclusion a Contract for the alienation the exclusive rights of the musical work is use when a musical work is created spatially for being included in audiovisual work.

In Article 1245 of the Civil Code of the Russian Federation rightholders who have the right to compensation for free reproduction of phonograms and audiovisual works exclusively for personal purposes are authors (authors of musical works (music and text) fixed in the phonograms and authors of audiovisual works); performers (performers who fixed their performance in the phonograms and performers who fixed their performance in the audiovisual works); preparers of phonograms and preparers of audiovisual works who have the exclusive rights acting (have recognized) on the territory of the Russian Federation in accordance with Articles 1256, 1321 and 1328 of the Civil Сode of the Russian Federation. Rightholders have right to compensation in accordance with paragraph 2 of Article 1273 of the Civil Code of the Russian Federation. Importers and manufacturers of equipment and storage devices used for reproduction for personal purposes shall pay compensation to indicated rightholders in accordance with Article 1245 of the Civil Сode of the Russian Federation. Chapter 71 of the Civil Code of the Russian Federation are mentioned in the question is dedicated to general questions of rights related with copyright.

As defined in paragraph 4 of Article 1259 CC RF for the protection of copyright, the registration of the work or other formalities is not required. With respect to computer programs and databases, registration is possible in accordance with subparagraph 2 of paragraph 4 of Article 1259 and Paragraph 1 of Article 1262 CC RF. Such registration is not right-establishing and is optional. If the rightholder has registered a computer program or a database in the Federal body of executive authority for intellectual property, contracts for the alienation of the exclusive right to a computer program or database as well as passage of the exclusive right to such program or database are subject to registration in the Federal body of executive authority for intellectual property (Paragraph 5 of Article 1262 CCRF) Article 1249 CC RF does not provide any provisions on registration of computer programs or database or connected legally significant actions being obligatory. The article considers fees collected for the taking of legally significant actions connected with state registration of computer programs, databases, contracts for the alienation of the exclusive right to a computer program or database as well as passage of the exclusive right to such program or database (paragraph 1 of Article 1249 CC RF) Unlike other results of intellectual activity or means of individualization, registered in the Federal body of executive authority for intellectual property, fees for which are set by the Government of the Russian Federation, fees connected with computer programs, databases and topology of integrated circuits are established by the legislation of the Russian Federation on taxes and levies. The Tax Code of the Russian Federation establishes a list of legally significant actions for the taking of which state fees shall be collected, their amounts, procedure and times for payment, and also the bases for freeing from payment of the state fees, reduction of their amounts, postponement of payment or return of fees.

Limitations and restrictions from rightholder's exclusive rights were formulated in Berne Convention for the Protection of Literary and Artistic Works from 9 September 1886 (Berne Convention). In accordance with paragraph 2 of Article 9 of Berne Convention members have right to foresee in national legislation the restrictions of rights for reproduction of literary and artistic works on condition that in national legislation shall be indicated cases of such restrictions and it shall not cause harm to normal exploitation of works and infringe author's legal interests. Provisions of paragraph 2 of Article 9 of Berne Convention reflected in Article 13 of the TRIPS Agreement as a quota about possible restrictions or limitations from the exclusive copyrights and related rights. Paragraph 2 of Article 1229 of the Civil Code of the Russian Federation correspond to above-mentioned international contracts which determines that provided cases of free reproduction for personal purposes do not cause unjustified harm to the ordinary use of the results of intellectual activity and do not impair in an unjustified manner the lawful interests of the rightholders. Article 1273 of the Civil Code of the Russian Federation establishes cases of free gratuitous reproduction of works (established provisions concern by related rights also in accordance with Article 1306 of the Civil Code of the Russian Federation), if it are realized with next conditions:  individual person realize the reproduction;  the reproduction are realized exclusively for personal purposes;  a work lawfully made subject by the reproduction. Herewith the indicate Article contains list of free gratuitous reproduction. These are cases when even intention to use corresponding work for personal purposes do not liberate a citizen from necessity to get rightholder's permission and to pay appropriate compensation. Herewith with a passing of Part 4 of the Civil Code of the Russian Federation such cases were complemented by two new limitations: Video recording of an audiovisual work in case of its public performance at a please open for free attendance or at a place where there are a significant number of persons present not belonging to the usual circle of a family is not admitted even for personal purposes (subparagraph 5 of Article 1273 of the Civil Code of the Russian Federation); Reproduction of an audiovisual work with the aid of professional equipment not meant for use in home conditions is not admitted (subparagraph 6 of Article 1273 of the Civil Code of the Russian Federation). Both indicated limitations allow to intensify fight with fabrication of a pirate production. Accordingly in accordance with indicated quotas individual person have right to reproduce (means to manufacture for satisfaction of own, family, household and other needs are not connected with realization of entrepreneurial acting) a copy of the film from TV broadcast, to reproduce work are placed in Internet in memory of computer, to make copy of audio recording (phonogram) or magazine article on a tape-recording or on a copier. Herewith the reproduction shall be realized such person personal purposes of who taken in attention. Provisions of Article 1273 of the Civil Code of the Russian Federation don't spread to legal person who may not refer to inner needs as to basic to reproduce work free even if such actions are not related with person's commercial activity or are made to individual person's order.

Provisions 1 and 2 of Article 1274 of the Civil Code of the Russian Federation provide the use of works without the consent of the rightholder and without the payment of compensation in case of citation in the original language or in translation for scientific, polemical/critical, or information purposes of works lawfully made public in an amount justified by the purpose of citation, including the reproduction of excerpts from newspaper and magazine articles in the form of press surveys and also in cases of use of works lawfully made public and excerpts from them as illustrations in publications, radio and television broadcasts, and sound and video recordings of an instructional nature in an amount justified by the purpose thereof. Necessary to note that provisions of Article 1274 of the Civil Code of the Russian Federation are not subjected to widened interpretation and apply in the relationship with paragraph 5 of Article 1229 of the Civil Code of the Russian Federation establishes that limitation from exclusive rights to results of intellectual activity shall be established on the condition that such limitation does not contradict to the ordinary use of the works or object of the related right and does not impair the lawful interests of the rightholders. Indicated provision corresponds to Article 13 of TRIPS.

In accordance of provision 1 of Article 1274 CC RF right to use of work lawfully made public without the consent of the rightholder and without the payment of compensation in case of reproduction without the extraction of profit in dot-relief type or other special means for the blind. No matter organizational legal form of entity who use work for purpose of reproduction for the blind. In present case shall be observed next conditions: such reproduction shall be realized from work lawfully made public; such reproduction and further spreading of work shall be realized without extraction of profit. Works representing the copy of work in any material form in quantity which enough for satisfaction of requirement of public from depending of character of work are admitted be made public. Indicated provisions do not provide limitation of exclusive right of works to benefit of persons with limited possibility including disabled persons about hearing as it provided in legislation of United States of America, for example. In some countries (e.g.in Article 37 of the Copyright Law of Japan from 1970) such limitation of exclusive right spreads by works lawfully promulgated (but not made public as in Russian legislation) that widen volume of this limitation.