– Law on Legal Protection of Selection Achievements, in force since August 4, 2011.

– Not yet member of UPOV.

Applicant: individuals or legal entities.

Foreigners: enjoy the same rights as nationals; must appoint a Turkmen agent.

Kinds of protection: new plant varieties and animal breeds which belong to botanical and zoological genus and species protected in Turkmenistan.

Priority: within twelve months.

Territory covered: Turkmenistan.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization): date, place, applicant’s name and address, signatory’s position are required;
2. Description of new plant variety or animal breed (technical questionnaire);
3. Photos of new plant variety or animal breed;
4. Documents about testing of new plant variety or animal breed conducted by applicant;
5. Priority document, if any;
6. Obligation to submit in the special organization, in due time, materials for testing of new plant variety or animal breed;
7. Payment of the official filing fee (must be paid before filing).

Note: applications for new plant varieties or animals breeds are not yet accepted. The corresponding regulations for filing and examination of such applications should be published and the list of protected plant varieties and animal breeds approved in the near future.

Examination: a formal examination and a complete examination.

The formal examination is carried out within two months after the filing date and comprises checking the formal requirements.

The complete examination is carried out by special organizations after the completion of the formal examination. The complete examination comprises examination on novelty and testing on differentia, homogeny and stability. As a result of the complete examination, the special organizations will issue either a granting or a refusal decision. The Patent Office will notify the applicant of the examination results. The State examination can use the data of the testing performed by a competent authority of a member State of UPOV, like U.S., AU or DE.

Amendments and corrections: voluntary amendments or formal corrections may be filed within two months from the filing date. Amendments are also accepted during the entire examination period.

Appeal: possible against a negative decision of the Patent Office Examining Department, before the Appeal Board, within a three-month term of the decision date. If still negative, appeal to the Supreme Court can be filed, within six months from the date of the Appeal Board Decision.

Granting decision: issued after the complete examination, if the patentability (differentia, homogeny and stability) and novelty requirements are met.

Publication: in the Official Bulletin, upon payment of a fee. The description and photographs of the new variety are published in the Bulletin.

Duration: twenty-five years from the registration date; thirty years for grapes, trees, fruit plants, ornamental plants, forest trees and their parent stocks; thirty years for animals.

Annuities: the first year of protection is paid with the granting fees. Subsequent periods counted from the registration date are paid annually within the last three months prior to expiration date.

Annuity grace period: six months with a small fine.

Cancellation: the patent is recognized as invalid, if there were not any conditions of novelty and difference at the time of its granting; if the plant breeder or the patentee’s name is incorrectly indicated in the patent. The action of invalidation is possible during the whole duration of a patent.

License: must be registered.

Compulsory license: may be accorded in case of non-working during three years from the patent granting date.

Infringement: the court can seize seeds or any other variety material, which is the subject of infringement or the infringer’s property; it can prohibit use, manufacture or sale of the protected variety.