LAW OF THE REPUBLIC OF UZBEKISTAN

of February 15, 2024 No. ZRU-908

About modification and the amendments in some legal acts of the Republic of Uzbekistan providing reduction of the national legal system of the Republic of Uzbekistan in compliance with agreements of the World Trade Organization

Accepted by Legislative house on December 29, 2023

Approved by the Senate on January 19, 2024

In recent years system work on further improvement of line item of our country in the international organizations in economic and social spheres, and also to the accession to the international organizations is carried out.

In particular, one of the most topical issues is acceleration of process of the entry of our country into the World Trade Organization. One of conditions of the entry of the state into the World Trade Organization is reduction of regulations of the national legal system in compliance with the regulations provided by agreements of the World Trade Organization.

In this regard, based on requirements of the Agreement on trade aspects of intellectual property rights this Law to the laws of the Republic of Uzbekistan "About inventions, useful models and industrial designs" and "About trademarks, service marks and names of places of goods origin" makes the corresponding changes and additions providing determination of specific procedure for use of the right to objects of industrial property without the consent of its owner taking into account interests of owners and exception of term of limitation period for protection of the rights in case of unfair registration of trademarks by other persons. Also, proceeding from requirements of the specified Agreement the changes providing implementation of procedure for protection of the rights of owners of the data obtained as a result of preclinical and clinical testing in pharmaceutical activities are made to the Law of the Republic of Uzbekistan "About medicines and pharmaceutical activities".

Besides this Law to the Law of the Republic of Uzbekistan "About the state fee" makes the changes and additions providing unification of the amount of patent fees, and also the amount of the state tax levied for state registration of the companies with foreign investments and other subjects of entrepreneurship.

Also the changes directed to creation of equal conditions for local and foreign producers are made to the Law of the Republic of Uzbekistan "About advertizing".

This Law will serve protection of the rights of owners of objects of industrial property, unification of the amount of the patent fees and state fees collected for state registration of subjects of entrepreneurship, and also harmonization of the national legal system with rules and regulations of the World Trade Organization.

Article 1. Bring in the Law of the Republic of Uzbekistan of May 6, 1994 No. 1062-XII "About inventions, useful models and industrial designs" (in edition of the Law of the Republic of Uzbekistan of August 29, 2002 No. 397-II) (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2002, No. 9, Art. 158; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2008, No. 7, Art. 355; 2011, No. 12/2, of Art. 364; 2017, No. 6, Art. 300; No. 9, Art. 510; 2020, No. 1, Art. 1; No. 10, Art. 593; 2021, appendix to No. 4, No. 8, Art. 801; 2022, No. 2, Art. 76) following changes and amendments:

Part the fifth Article 11 to exclude 1);

To add 2) with Article 11-1 of the following content:

"Article 11-1. The compulsory license on objects of industrial property

In case of non-use or insufficient use of object of industrial property by the patentee within three years from registration date of the patent or four years from the date of application for patent grant, depending on what term expires later that leads to the insufficient offer of the corresponding goods, works and services in the market, any person wishing to use object of industrial property, in case of refusal the patentee from the conclusion of the license agreement on acceptable commercial conditions can take a legal action concerning issue of the compulsory simple (non-exclusive) license to it (further - the compulsory license). Such address moves after two months from the date of the direction to the patentee of the offer on the conclusion of the license agreement.

If the patentee does not prove that non-use or insufficient use is caused by reasonable excuses, the court makes the decision on issue of the compulsory license.

The right to use object of industrial property acquired based on the compulsory license can be provided to other person only together with the company at which this object, or its corresponding part is used.

If the patentee cannot use object of industrial property in connection with application in its structure of other protected object belonging to other person, the patentee has the right to take a legal action concerning issue of the compulsory license to it on use of this object. In this case it is necessary that before appeal to the court the owner of other security document refused to sign the license agreement on acceptable commercial conditions.

If the patentee proves that its object of industrial property is important technical achievement and has great economic value before object of industrial property of the owner of other security document, the court can make the decision on issue of the compulsory license to it.

The right to use object of industrial property acquired based on part four of this Article is provided to other person only together with transfer of the right to object of industrial property confirmed with the patent as a part of which this object is used.

In case of provision of the compulsory license according to part four of this Article the patentee of object of industrial property whose right to use is granted based on such license also has the right to obtain the license to use of dependent object of industrial property in connection with which the compulsory license was granted.

The compulsory license shall be granted, first of all, for ensuring requirements of the domestic market of the Republic of Uzbekistan.

In case of issue of the compulsory license the court shall determine amount, duration of use of object of industrial property, the size, terms and payment procedure to patentoobladetel.

The amount of payment according to the compulsory license shall be at least market value of the license determined according to practice.

The compulsory license is cancelled by court in case of the termination of the circumstances which formed the basis for its issue.

Based on the judgment the Ministry performs state registration of provision and the termination of right to use of objects of industrial property on the terms of the compulsory license";

The paragraph the fourth Article 12 to state 3) in the following edition:

"application of the means containing the objects of industrial property protected by patents in case of natural disasters, catastrophic crashes, epidemics and other force majeure with the notification of the patentee in the shortest possible time and the subsequent payment of proportional compensation to it";

4) in Article 30:

the second offer of part two to exclude;

add with part three of the following content:

"If the product received by the patented method is new, then in case of failure of evidence opposite it is considered that the identical product was received by use of the patented method";

third to consider part part four;

5) in Article 32:

in part three "non-exclusive" shall be replaced with words the word "simple (non-exclusive)";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info