Brief overview on Intellectual Property in Uzbekistan:
It should be noted that Uzbek legislation in the area of intellectual property (the “IP”) is in its embryonic state and contains only general provisions rather than specifics. Nevertheless, major IP laws have been adopted and being amended and developed in order to meet international IP standards.
Uzbekistan has joined and ratified fundamental international conventions in the area of IP that have priority over the local legislation. It is also a member of the following international bodies:
- Paris Convention (Industrial Property), since December 1991.
- Berne Convention (Literary and Artistic Works), since April 2005.
- PCT (Patents), since December 1991.
- Patent Law Treaty, since July 2006.
- Nice Agreement (International Classification of Goods and Services), from January 2002.
- Locarno Agreement (International Classification for Industrial Designs), since July 2006.
- Strasbourg Agreement (International Patent Classifications), from October 2002.
- TLT (Trademarks), since September 1998, and more.
Uzbek Civil Code and the Law on Trademarks are the basic pieces of legislation regulating issues of registration and protection of trade and service marks (although the whole scope of IP laws is wider). Pursuant to the Law on Trademark the State Patent Agency (the “Patent Agency”) is the competent government authority authorized to register an exclusive ownership right to trademarks as requested by applicants. Protection of an exclusive right to a trademark is realized through the fact of registration by means of issuance of a certificate of registration of certain trademark. Pursuant to Article 10 of the Law on Trademarks, marks that are deemed to be similar, identical or those creating confusion with earlier registered trademarks are not registered with the Patent Agency and their use is prohibited, if their registration is not permitted by owners of the registered trademarks. However, Uzbek IP legislation does not provide any definition, interpretation, notion or extent of the term “creating confusion”.
Intellectual Property practice provides an overview of Intellectual Property laws of Uzbekistan, including copyrights, data protection, patents, trademarks, templates of documents and agreements, forms of advises on related matters.