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 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.
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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.
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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.
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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.
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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.
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