Improvement of mental property is a assure of optimistic modifications

Within the second half of the 18th century, the world bought steam-powered steamboats, high-speed automobiles of their time, high-efficiency spinning machines. On account of such modifications, a fantastic industrial revolution passed off. Mankind started to deal with the outcomes of their mental exercise (innovations, written works) another way. They started to guard them in the identical method as they protected their grain and home. In doing so, they understood that mental property created by human has a sure worth like different properties. The nice industrial revolution that modified the world led folks to develop a way of respect for such mental property, writes Colin Stevens.

So, how does at present’s world, specifically, the Republic of Uzbekistan, react to mental property? What’s being accomplished to develop this subject?

I. In the way in which of authorized safety of mental property objects

Within the Structure of the Republic of Uzbekistan, the state is assumed to have variety of obligations resembling making certain the rights of residents in direction of their property, specifically, mental property. The State ought to guarantee property rights resembling the correct of each individual to personal, use and get rid of their property as they need.

As a way to guarantee, implement and implement authorized safety of mental property rights of people in our nation a number of legal guidelines, resembling: Civil Code, , “Regulation on Copyright and Associated Rights”, “Regulation on Innovations, Utility Fashions and Industrial Designs”, “Regulation on Emblems, Service Marks and Names of Locations of Origin”, “Regulation on Geographical Indications” “Regulation on Choice Achievements”, “Regulation on Authorized Safety of Topologies of Built-in Microcircuits”, “Regulation on Competitors” and others have been adopted.

Admittedly, to be able to develop the sector of mental property, it’s mandatory for every nation to implement sure reforms with out counting on present legal guidelines to be able to absolutely guarantee its authorized safety and enforcement. On this context, systematic actions are being carried out within the Republic of Uzbekistan to strengthen the authorized safety and enforcement of mental property objects and to remove present issues on this subject.

Particularly, for the primary time within the historical past the Nationwide Technique for the Improvement of the Sphere of Mental Property within the Republic of Uzbekistan was adopted. The primary content material of this Technique within the subject is to extend the effectivity of public administration, to undertake instruments of contemporary data and communications in authorized safety of mental property objects, to develop a dependable authorized enforcement system of mental property, to kind a way of respect and enhance consciousness of the inhabitants about mental property.

Commercial

Additionally, the next actions have been carried out inside the framework of authorized safety of mental property objects, that are:

a) the Regulation “On Geographical Indications”, which is on authorized safety, enforcement and use of geographical indications was adopted;

b) to be able to scale back the money and time concerned in submitting functions for the registration of mental property, a process for sending and receiving functions by [online] state data methods has been launched. By the top of subsequent yr, the processes concerned in registering mental property gadgets are scheduled to totally function electronically 24/7;

c) to be able to forestall “unhealthy religion” registration of mental property and to offer individuals with a chance to specific written objections to the functions filed with the competent authority, a process for posting data on the related functions on the web site of the competent authority has been launched.

Additionally, one of many issues carried out inside the framework of authorized safety of mental property objects is the time period of validity of copyright which was prolonged from 50 to 70 years.

II. Within the sphere of authorized enforcement of mental property objects

The authorized safety of the sphere of mental property in every state, its upkeep together with its authorized enforcement, is a assure of the event of the sphere. On this regard, a number of works have been carried out within the republic when it comes to the authorized enforcement of mental property.

Crucial among the many circumstances carried out are administrative duty for the violation of copyright, associated rights, industrial property rights, and proper to demand compensation from 20 instances to 1000 instances the essential calculation quantity moderately than compensation primarily based on the harm brought on. As well as, the introduction of company legal responsibility for authorized entities within the type of a fantastic of 100 to 200 primary calculation models (from 2,750 to five,500 USD) for infringement of commercial property rights.

Officers have taken sure measures to implement the system of the safety of mental property objects by the customs borders.

Yearly within the republic since 2021 (February 15 – March 15) “A Month With out Counterfeits” month is being held. The primary goal of this occasion is to successfully fight in opposition to counterfeit items and enhance inhabitants’s consciousness about IP.

As a way to strengthen authorized safety within the sphere, new mechanisms have been launched to restrict the alternatives for counterfeit merchandise to enter the market, particularly verification of compliance with mental property rights: in product certification; and, within the state registration of medicines, medical gadgets and tools.

III. Worldwide cooperation within the subject of mental property

Over the past 4 years (2018-2022), the Republic of Uzbekistan joined the next worldwide treaties within the subject of mental property:

– Conference for the Safety of Producers of Phonograms Towards Unauthorized Duplication of Their Phonograms (Geneva, October 29, 1971);

– The WIPO Performances and Phonograms Treaty (Geneva, December 20, 1996);

– The WIPO Copyright Treaty (WCT) (Geneva, December 20, 1996)

– The Marrakesh Treaty to Facilitate Entry to Printed Works for Individuals Who Are Blind, Visually Impaired, or In any other case Print Disabled (2013
June 27).

Officers recurrently communicated with the worldwide neighborhood concerning the event of the mental property sector. In 2021, they actively attended in occasions of the Meals and Agriculture Group of the United Nations (FAO), america Patent and Trademark Workplace (USPTO), and the Worldwide Union for the Safety of New Varieties (UPOV).

As well as, cooperation with the competent authorities of nations resembling China, Russia, Kyrgyzstan, Tajikistan, Georgia and Azerbaijan on the subject of mental property is ongoing.

Particularly, on 21 June 2022, a memorandum of cooperation was signed with the Ministry of Justice of the Republic of Uzbekistan and the Mental Property Company of the Republic of Azerbaijan within the subject of copyright and associated rights safety.

On account of the actions carried out within the subject of mental property, the variety of functions submitted for the registration of mental property has elevated considerably.

The variety of submitted functions on registration of mental property objects by yr (within the case of the III quarter of 2016 – 2022)

Thus, in society, a way of respect for mental property has been forming, and we can not however describe that the authorized safety of the sphere is being supplied in each attainable method.

In conclusion, it ought to be emphasised that each society, which is aiming to develop mental property, should guarantee its authorized safety and enforcement. The reason being that the event of mental property is a assure of optimistic modifications within the nation.