LEGAL PROTECTION AND ENFORCEMENT OF IP IN UZBEKISTAN

  • 7 Jul 2023
  • Uzbekistan
  • share

Intellectual property (IP) is a global domain governed by consistent procedures, methods, and forms worldwide, based on international treaty norms. Whether in the United States, European Union countries, or Uzbekistan, the processes for registering IP objects and issuing protection certificates follow similar guidelines. Domestic laws align with international treaties to ensure the legal protection of intellectual property meets international standards.

In Uzbekistan, national intellectual property offices play a vital role in safeguarding IP rights. These offices register various objects, such as inventions, utility models, industrial designs, plant varieties and animal breeds, trademarks (service marks), geographical indications, appellations of origin, computer programs, and databases. Unlike some countries, copyright and related rights do not require state registration in Uzbekistan but are protected by law and enforced by the state from the moment of creation. Uzbekistan's legislation mandates a certificate of patent protection for state registration of inventions, utility models, industrial designs, and plant varieties and animal breeds. The state also registers trademarks, geographical indications, appellations of origin, computer programs, and databases, issuing corresponding protection certificates.

While legal protection of IP is globally coordinated by a single state body, enforcement of registered IP objects involves multiple authorized entities. Until 2019, the Intellectual Property Agency of the Republic of Uzbekistan oversaw the legal protection of IP. However, under Presidential Decree No. PD-4168 issued on February 2, 2019, the agency was transferred to the Ministry of Justice and restructured as the Intellectual Property Agency under the Ministry of Justice. The Intellectual Property Agency of the Republic of Uzbekistan now exclusively handles state registration of intellectual property, while the newly established agency assumes responsibility for both registration and legal enforcement. This agency possesses the authority to apply legal enforcement measures against individuals who commit infringements in the field of IP. Furthermore, Presidential Decree No. PD-4965 issued on January 28, 2021, led to the establishment of the Intellectual Property Protection Department and Intellectual Property Protection Centres within the agency, covering the Republic of Karakalpakstan, regions, and the city of Tashkent. The primary objective of these entities is to safeguard IP rights, combat counterfeit products, assist individuals and legal entities in state registration of IP, and enhance legal awareness in this domain. Under Presidential Resolution No. PR-89 issued on March 17, 2022, the Intellectual Property Agency and regional centres were merged with the Ministry of Justice, resulting in the transfer of tasks, functions, and mandates. Consequently, an Intellectual Property Office was established within the Ministry of Justice, empowered to register, and enforce IP objects. Additionally, the Ministry of Justice established the "Intellectual Property Centre" State Institution, responsible for examining applications for registration and acting as a centralized repository of relevant data.

Uzbekistan has made significant achievements in the field of intellectual property through systematic reforms. The country has become a member of four international agreements on the protection of copyright and related rights, including the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, the WIPO Performances and Phonograms Treaty, the WIPO Copyright Treaty, and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. With the enforcement of intellectual property rights having been extended to regional justice bodies, this allows for wider coverage and effectiveness in combating IP violations. These measures have demonstrated tangible results, as evidenced by the detection of over 2,000 counterfeit products being sold in markets, shopping complexes, and mobile vending branches across Uzbekistan. Initiatives such as the creation of a "Catalogue of Counterfeit Products" and the launch of the "IP-Protection" information portal have further enhanced efforts to combat counterfeit commodities.