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INTELLECTUAL PROPERTY

 

The intellectual property is subject to the legal protection on the territory of the Republic of Uzbekistan. There are many regulations, including the provisions on intellectual property protection.

The concept of intellectual property and the legal practice is closely correlated with the term "exclusive right". Moreover, today's legislation patterns reflect the exclusive right as one of the many aspects of intellectual property.

Currently, the necessity to protect intellectual property in the Republic of Uzbekistan is particularly evident.

With the development and improvement of market relations of mental work of the author and / or

owner becomes an object of market relations. This factor is also the reason that any intellectual property needs to be protected.

 

THE WAYS TO PROTECT THE OBJECTS OF INTELLECTUAL PROPERTY

The author who creates works by using his mental capacity must worry about securing his rights to them beforehand. In particular this applies to patents and licensing.

There are two basic methods that can be used in order to protect intellectual property:

The first method purports the involvement of specialized public authorities. This method is known as jurisdictional. In the case of violation of the intellectual property rights the aggrieved party refers to public authorities and asks them to protect his/her rights. Usually, the statement of claim appears and includes the need for compensation of such infringement.

If intellectual property rights was formalized without undue delay and the fact of violation might be proved in a court, then infringer should pay substantial fines.

The second way does not imply the involvement of public authorities, and it is called non-jurisdictional. In this case, the owner of the intellectual property is trying to negotiate with the infringer. This method is often used when the perpetrator is aware of his guilt and does not want to bring the case to the court, or when the guiltiness of the  infringer is obvious.

THE PREPARATION OF PROTECTION LINE

 Before proceeding to the proactive defense of owners’ intellectual property rights, it is necessary to analyze the situation and develop the best means of strategy for action. Getting started to actions, the right holder shall envisage actions, which may follow.  

It is not necessary to start resolving conflicts by initiating lawsuits. The preliminary analysis of the situation will allow assessing the prospects of the case. Frequently the pre-action protocols procedure allows eliminating the violations of the rights without unnecessary financial costs.

THE PRE-TRIAL DISPUTE RESOLUTION

 If your exclusive rights are violated or legal interests are restricted, then pre-trial dispute resolution will help to avoid unnecessary expenses and restore justice.

The pre-trial dispute resolution purports the stage of consideration of the case in the Special Commission of the State Committee of the Republic of Uzbekistan on privatization, de-monopolization and development of competition and / or Board of Appeal of the Agency for Intellectual Property of the Republic of Uzbekistan.

The pre-trial dispute resolution is stipulated by the legislation of the Republic of Uzbekistan, but it does not have a binding effect, except some cases, which are regulated by separate laws.

 

THE PROTECTION OF RIGHTS

The ways for protecting the intellectual property rights are as follows:

  • Pre-trial (Claims) procedure;
  • the administrative and legal way to protect the violated intellectual property rights (including the filing of objections and appeals to the Appeal Board for Intellectual Property Agency of Uzbekistan, the filing of the application of unfair competition to the antimonopoly authority);
  • the protection of exclusive rights of intellectual property by means of the customs authorities;
  • the judicial procedure of resolving disputes in the case of illegal use of intellectual property.

In order to protect the intellectual property rights it is recommended to obtain legal protection of intellectual property through extensive measures based on the use of the provisions of both patent and copyright.

 

 

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