http://www.intellet.uz    

INTELLECT - BUSINESS

Educational & Consulting Centre

 

Need help? O'zbekcha

Russian

  open the world of intellectual property in Uzbekistan!                                                                                                                                                                                                       Let's protect your intellectual property in Uzbekistan!                                                                                                                                                                                           Direct Patent and Trademark filing into Uzbekistan!
 

Information resources

 Sections of site

  Contact us

 Basic facts

   Copyright -

it is property rights for the protection of literary, artistic and audiovisual works
See more

 Patent -

it is a document, issued by a government office under certain conditions to protect of property rights for an invention or design in the concrete territory and within predetermined time limit

   See more

Invention -

it is new idea, technical achievement, which permits in practice the solution of a concrete problem in the field of technology and comply with requirements of patentability

See more

Trademark -

it is sign which serves to distinguish the goods or services of a company from same goods or services of others companies

See more


 Information resources

Here you may find basic information about legal protection of intellectual property objects

 

 

 

Brief information about intellectual property protection in Uzbekistan

1. What is an intellectual property?

Intellect term arises from Latin word intellectus and means mind, commonsense, mans ability to pondering. Especially intellect, intellectual activity is the basic motive for development of human society, source of all spiritual and material bonds created by mankind.

Not any intellectual activity may be considered as intellectual property.

Only the results of intellectual activity expressed in some kind of objective (material) form, may be considered as intellectual property.

Intellectual property rights or intellectual property  is the branch of legislation regulating the creation, legal protection and usage of intellectual property objects. Intellectual property divides on copyright and industrial property.

Intellectual property includes such objects as: works of literature and art, inventions, industrial designs, trademarks and etc.

Here the term property means that other persons may use the protected objects (inventions, trademarks, works of literature and art etc.) only if the owner of these rights (e.g. author of work, an inventor or their legal assignee) permits such usage.

Legal protection of intellectual property rights assists us to stimulate the human creative activity for development of industry, commerce and culture of government.

Back

2. Copyright and neighboring rights

Copyright is one of the basic branches of legislation, which forms the field of intellectual property rights.

Legal protection of literary, artistic, scientific, photography and audiovisual property is regulating according with copyright legislation.

According to legislation of the Republic of Uzbekistan copyright on literary, artistic, scientific and other property objects acts during author's lifetime and up to 50 years after his death. If some authors (co-authors) created one work, the term of copyright calculated from date of death of last author, who lived longer.

Practically in all countries accepted, that copyright protection begins after creation of the property object and its demonstration for public and don't require any formalities such registration in some authorities, obtaining of patent and so on.  Therefore, disputable moments connected to copyright infringement are proceeded by Courts.

 The neighboring rights are adjoining to copyright. The objects of neighboring rights are rights for performance, reproduction and translation. Correspondingly the right for performance belongs to direct performers (actors, stage-managers etc. and their successors), right for reproduction belongs to producers of such phonogram and right for translation to transmission organization, which created such transmission.

Back

3. Patenting of invention

Invention may be considered as the first object of intellectual property, which was created by man. Possibly the history of inventions begins from the first tools created by the primitive man. From that time namely inventions are the force for development of technology, and, therefore, for development of human society in common.

Constantly increasing material, social and cultural needs of human society are the main cause of creation of inventions. With development of human society these needs must be satisfied more fully from one hand and with less expenses from other hand.

The invention is a new idea, technical solution, which allows solving practically a concrete problem in some field of technology and comply with appropriate criterions.

Due to wide interpretation of the technology term, some different objects with their own specificity may be considered as inventions.

According to the Patent Law of the Republic of Uzbekistan the following objects may be considered as inventions:

devices objects characterized by the presence of constructive features, different constructions, manufactures and their interrelation; 

processes the consequentialness of different acts, operations under the material objects using other material objects, e.g. different technological processes, methods and etc.;

substances objects characterized by their quantities composition, for example, melts, compositions, different molecular compounds etc.;

strains of microorganisms, plant and animal cells cultures different individual strains of traditional, hybrids, cultivated microorganisms;

And also new usage of known devices, processes, substances, strains of microorganisms.

Utility model are close join to invention. Utility model are considered as a small invention, which differ from invention only by two basic  moments:

1. Only devices, e.g. constructive performance of tools of manufacture and using subjects, also their parts may be considered as utility models. Correspondingly processes, substances, strains of microorganisms, cell cultures and new usage of them not considered as utility models.

2. Criterions of patentability of utility model are simpler, than for inventions. 

 

 Legal protection of invention enters in force only after granting a patent.

Patent for invention in Uzbekistan is effective during twenty years from the priority date, grants only after substantive examination and may be prolonged more up to five years if a patent holder will file appropriate demand.

For obtaining of a patent it is necessary to prepare a patent application for invention and file it in the State Patent Office of the Republic of Uzbekistan. The Patent Office examines the patentability of invention and according the results of examination makes an official registration, publication of invention and grants a patent.

According Uzbek legislation the criterions of patentability of invention are a novelty, an inventive step and industrial applicability.

Invention is novel, if it is unknown in the state of art.

Invention has an inventive step, if it is non-obvious from the state of art.

Invention is industrially applicable, if it may be used in industry, agriculture, healthcare and other branches of human activity.

Back

4. Patenting of industrial design

An industrial design is an embodiment of human creative activity and has definite predestination and users.

An industrial design is artistic-constructional resolution of outside appearance of some object (product).

Industrial designs may be voluminous (models), flat (pictures) or their combination.

As a rule, voluminous industrial designs are compositions based on an voluminous-spacious structure, for example an artistic-constructural resolution, which determining outside appearance of a car, turner's lathe, TV set etc.

Flat industrial designs are characterized by line-graphic correlation of elements and actually don't have a volume, for example an artistic-constructural resolution determining outside appearance of a carpet, a cloth, a label etc.

In difference of invention, which may have different visually received forms of realization, an industrial design allows to create a great number of similar products on their basic features and elements and their compositional content.

An industrial design externally may be like a trademark, especially voluminous trademark. However in difference of a trade mark protects goods, which visually may be differ of trade mark imagination, an industrial design protects only goods visually similar it and having it's characteristic features.

Also, there are the different between industrial designs and art works. Normally art works are created as unique examples, which have having aesthetic tendency, not connected with their functional predestination. In contrary aesthetic features of an industrial design are the result of an art embodiment of functional elements of a product, an original aesthetic expression of it's predestination.

Legal protection of an industrial design enters in force after granting a patent (the procedure are similar with invention).

 Patent for an industrial design grants after substantive examination, is effective during 10 years from the priority date, with possibility to prolong the protection more for five years if a patent holder will make appropriate demand.

For obtaining of a patent it is necessary to prepare a patent application for an industrial design and file it in the State Patent Office of the Republic of Uzbekistan. The Patent Office exams the patentability of an industrial design and according the results of such examination makes an official registration, publication of an industrial design and grants a patent.

 According Uzbek legislation the criterions of patentability of an industrial design are a novelty, originality and industrial applicability.

An industrial design are considered novel, if it's characteristically features determining aesthetic and (or) ergonomic peculiarity of a product, not well known from an information, which was accessible till the priority date.

An industrial design are original, if it's characteristically features determine creative character of aesthetic peculiarity of a product.

An industrial design is industry applicable, if it may be repeated many time.

Back

5. Registration of a trademark

Civilian market economy is impossible without protection of trademarks. The specificity of a trademark may be explained taking into consideration its role in the market of goods and services.

A trademark (or a service mark) is a sign, which serves to differentiate goods and/or services of one producer from same goods or services of other companies.

Obviously, that the development of a trade based on principles of conscientious competition, the protection of producers' rights became possible due to the protection of trade marks.

In Uzbekistan the protection of trademarks are regulating by Law About trademarks, service marks and names of the places of goods' origin. Legal protection of a trademark enters into force as a result of its registration.

According to Law the following designations may be registered as trademarks:

word marks, represented in words or combinations of letters having word tendencies;

sign images, represented in composition of lines, blots of figures with any shape on a flat surface;

voluminous represented in figures (lines) or their composition in space;

device marks as combination of different aforementioned element.

A trademark may be registered in any color or combination of colors.

A certificate about trademark registration is grants after trademark examination and valid during 10 years from the priority date. After experience of 10 years the registration may be renewal many times, each times for 10 years.

For registration of a trademark it is necessary to prepare an application and file it in the State Patent Office of the Republic of Uzbekistan.

Back


If you will need to obtain any additional information, don't hesitate to ask us.

 Seacrh in Internet

Our publications

See more

Frequently asked questions

See more

 

Our services

Services