The Republic of Uzbekistan, known as Uzbekistan for short, was once a famous “Silk Road” state. Since 2002, Uzbekistan has passed a lot of IP regulations to facilitate the implementation of relevant laws. At present, it is trying to match with relevant systems of the World Trade Organization (WTO) so as to join WTO as soon as possible. Its national IP systems and implementations are in line with the standards of TRIPS.

The State Intellectual Property Office of Uzbekistan undertakes the applications for, review and authorization of certificates (patent certificates) for protection of various IPs (including inventions, utility models, industrial design, trademarks and service marks, computer software and layout design of integrated circuits and breeding achievements).

IP protection in Uzbekistan applies to the following four categories:

Invention, Utility Model and Industrial Design

The Invention, Utility Model and Industrial Design Law of Uzbekistan was formulated in 1994 and modified on December 26, 2011. Pursuant to this law, Uzbekistan’s patent system is composed of this law and regulations in other related fields. In case of any discrepancy between the provisions of international treaties to which Uzbekistan is a party and the laws and regulations of Uzbekistan on some issues, international treaties shall apply.

Patent applications can be submitted by the applicant or patent attorney or patent agency to the patent office. The patent office shall make substantial examination of applications for invention and appearance design patents. The patents for inventions shall be novel and have invention steps and industrial uses; the patents for utility models shall be novel and have industrial uses; the patents for industrial design shall be novel and original. The patent transfer agreements and license agreements shall be recorded in the patent office.

In the event that any patent is not used or not fully used within three years after the licensing, anyone wishing or prepared to use the patent, for which the patentee refuses to give permission, can file a request with the court for compulsory licensing.

Uzbekistan encourages the full use of IP by giving tax and credit support as well as other benefits as prescribed by law to the inventors or economic entities making use of relevant patents.

The exclusive right for an invention patent granted by Uzbekistan is effective for 20 years from the date of the application and could be extended for 5 years; the exclusive right foran utility model patent is effective for 5 years from the date of the application and could be extended for 3 years; the exclusive right foran industrial design patent is effective for 10 years from the date of the application and could be extended for 5 years.

Trademark

In 1993, Uzbekistan made and enforced the first Trademark Law; on September 22, 2001, it implements the new Trademark Law; on December 27, 2006, it became a party to Madrid Agreement. According to relevant provisions, texts, graphics, three-dimensional graphics and other significant elements and even colors can be registered as trademarks. Trademarks include commodity trademarks, service marks and collective marks. A registered trademark is effective for 10 years from the application date and can be renewed for 10 years. Extra expense shall be paid if an application for renewal is made within the 6-month extension period after the expiration of effective term. A registered trademark can be revoked if not used for 5 consecutive years. Nobody is allowed to register a trademark within 3 years after the expiration of the trademark registration.

An agent in Uzbekistan must be appointed by an applicant having no residence or principal place of business in Uzbekistan to apply for trademark registration.

Copyright and Related Right

The current Copyright and Related Right Protection Law of Uzbekistan was formulated in 2006.

According to the law, in case of any discrepancy between the provisions of international treaties to which Uzbekistan is a party and the laws and regulations of Uzbekistan on some issues, international treaties shall apply.

Relevant laws of Uzbekistan on copyright only protect the forms of expression but not the ideas, principles, processes, techniques, methods or concepts of works. The economic right of copyright can be protected for the whole life of the author and 50 years after his death. A voluntary written authorization from the author will be needed for the transfer of economic right to collective management organizations.

Plant and Animal Breeding Achievement

It is specified in the Breeding Achievement Protection Law of Uzbekistan published in 2002 that applications can be made to the State Patent Office for patent protection of the new bred plant or animal varieties with proper names that own the novelty, specificity, stability and consistency. The State IP Office provides legal protection of relevant breeding achievements and handles and examines relevant applications (mainly formal examination). The State Plant Variety Registration Office and State Animal Variety Registration Office grant patents for breeding achievements. The National Variety Test Committee and the Animal Husbandry and Aquaculture Breeding Supervision Committee of the Ministry of Agriculture of Uzbekistan examine breeding achievements for the novelty, specificity, stability and consistency.

The term of protection of plant and animal breeding achievement patents is 20 years from the date when breeding achievements are recorded in the registration system. The term of protection of breeding achievement patents of vines, forest trees, fruit trees and ornamental trees is 25 years, which can be extended as required for no more than 10 years.