INTELLECTUAL PROPERTY RIGHTS IN UZBEKISTAN
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Opposition Term |
N/A |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
Law on Trade Marks, Service Marks, and Appellations of Origin, in force since September 20, 2001, amended on September 19, 2007 and December 26, 2011 – deals with the mechanism of trademark registration and protection in Uzbekistan.
For getting a trademark registered in Uzbekistan, an application has to be filed with the Agency Intellectual Property Republic of Uzbekistan, which administers the entire trademark registration process.
Uzbekistan follows the 11th edition of Nice Classification. Multi-class trademark applications are acceptable.
It follows the ‘first-to-file’ system.
There is no official procedure for filing oppositions in Uzbekistan. However, third party observations against trademark registration may be filed during the whole examination procedure before the decision is taken.
A trademark in Uzbekistan is valid for ten (10) years from the filing date and may be renewed indefinitely for successive periods of ten (10) years each. A renewal request should be submitted within the last year of the current validity term. The trademark may be also renewed within six (06) months after the renewal due date.
Reinstatement of a lapsed trademark (after the grace period expiration) is not possible.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Uzbekistan is a signatory to the Paris Convention since December 25, 1991.
Law of the Republic of Uzbekistan on Patents of Invention, Utility Models, and Industrial Designs, of May 6, 1994, as last amended in 2008 and 2011, is the law governing the entire process patent grant.
For seeking patent protection in Uzbekistan, an application has to be filed with the Agency Intellectual Property Republic of Uzbekistan, which administers the entire process of patent grant.
In Uzbekistan, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
There is no procedure for raising a pre-grant opposition; however, third parties can file an appeal with the State Patent Office Appeal Board after the patent application has been published and at any time before the grant. As a rule, the State Patent Office will publish an application eighteen (18) months after the filing date; however, applicants may request it sooner. The board’s decision can be contested in court within six (06) months of being issued.
Patent rights take effect from the date of publication of the granted patent in the local IP bulletin and last for twenty (20) years starting from the application filing date.
Law of the Republic of Uzbekistan of May 6, 1994 No. 1062-XII about inventions, useful models, and industrial designs (as amended on 05-10-2020) - governs and deals with the mechanism of registration of industrial designs.
The agency on intellectual property under the Ministry of Justice of the Republic of Uzbekistan provides realization of single state policy in the field of legal protection of objects of industrial property. It administers the entire process of registration.
The types of industrial design applications that can be filed in Uzbekistan include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition may be presented by any physical or legal person within three (03) months of publication in the Patent Office Gazette.
The initial period of protection of the industrial design patent in Uzbekistan is five (05) years counting from the filing date, which is renewable for periods of five (05) years up to a total possible term of fifteen (15) years.
There is a grace period of six (06) months to renew a registered industrial design.
Uzbekistan is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law of the Republic of Uzbekistan No. 42 of 20 July 2006 on Copyright and Related Rights is the basic legislation governing copyright protection in Uzbekistan.
Uzbekistan, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection.
Copyright remains in force during the lifetime of author and for fifty (50) years after his death.
Rights stipulated in the copyright law concerning the executor are valid during fifty years (50) after the first performance.
Rights of the organization of on-the-air or cable broadcasting provided in the copyright law in regard to transmission of the organization of on-the-air or cable broadcasting are valid within fifty (50) years after its first on-air transmission or the first cable transmission.