Industrial Designs Law in Uzbekistan
Uzbekistan's legal framework for industrial design protection is governed by the Law on Inventions, Utility Models, and Industrial Designs (Law No. 397-II), initially enacted on August 29, 2002, and most recently amended by Law No. LRU-908 on February 15, 2024. This law provides the foundation for the national registration and protection of industrial designs in Uzbekistan.(WIPO)
Key Provisions of Uzbekistan’s Industrial Designs Law
Definition and Scope: An industrial design is defined as the appearance of a product resulting from its features, such as lines, contours, colors, shape, texture, or materials. Protection is granted to designs that are new and original.
Protection Duration: The initial term of protection for an industrial design is 10 years from the filing date. This term can be extended for additional periods, subject to specific conditions outlined in the law.
Registration Process: Applicants must submit representations of the design, a description of its essential features, and other required documents to the Intellectual Property Agency of Uzbekistan. The application undergoes a formal examination to assess compliance with legal requirements.
Rights Conferred: Upon successful registration, the holder is granted exclusive rights to use the design and to prevent unauthorized use by third parties.
Infringement and Enforcement: In cases of infringement, the law provides mechanisms for enforcement, including the possibility of seeking remedies through the courts.
International Protection via the Hague System
In addition to national protection, Uzbekistan has taken steps to enhance the international protection of industrial designs. On June 5, 2024, Uzbekistan ratified the Geneva Act of the Hague Agreement concerning the international registration of industrial designs. This accession allows Uzbek applicants to file a single international application through the World Intellectual Property Organization (WIPO), designating multiple member countries for protection. (S&O IP)
The Geneva Act provides a streamlined and cost-effective procedure for obtaining and maintaining industrial design rights across multiple jurisdictions.(Uza.uz)
Recent Developments
Amendments to Compensation Provisions: On September 10, 2024, Uzbekistan introduced a new compensation mechanism for intellectual property infringement. Patent holders can now claim compensation ranging from 20 to 1,000 Basic Calculated Values (BCV), with one BCV equaling approximately 375,000 Uzbekistani som. This compensation can be claimed irrespective of actual damages and is assessed based on the nature of the infringement, the degree of fault, and prevailing business practices. (S&O IP)
Simplification of Registration Procedures: The registration process for industrial designs has been simplified to facilitate easier access for applicants. This includes extending the submission period for international applications filed through Uzbekistan's Ministry of Justice Intellectual Property Department to six months, compared to the previous one-month period.
Conclusion
Uzbekistan's legal framework for industrial designs provides both national and international avenues for protection. The recent amendments and international agreements reflect the country's commitment to strengthening intellectual property rights and facilitating innovation.
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