Here
you may find basic information about legal protection of
intellectual property objects
1.
The Laws of Uzbekistan
Amendments
and additions be made to the Law of the Republic of
Uzbekistan on Inventions, Utility Models and Industrial
Designs of May 6, 1994 (Gazette of the Supreme Soviet of
the Republic of Uzbekistan, 1994, No.5, p.138; Gazette
of the Oliy Mazhlis of the Republic of Uzbekistan, 1998,
No.3, p.38), the new wording of which (attached) has
been approved.
LAW
OF THE REPUBLIC OF
UZBEKISTAN
ON INVENTIONS, UTILITY
MODELS
AND INDUSTRIAL DESIGNS
(new draft)
The
legislation on industrial property subject matter shall
consist of this Law and other legislative acts.
If an
international agreement to which the Republic of
Uzbekistan is party establishes rules other than those
provided for by the legislation of the Republic of
Uzbekistan on industrial property subject matter, the
rules of the international agreement shall apply.
The Patent
Office shall consider applications for the grant of
patents for industrial property subject matter
(hereinafter – a patent application), carry out a State
examination and State registration of such subject
matter, grant patents for industrial property subject
matter, publish an official gazette, adopt rules and
give explanations concerning the application of
legislation on industrial property subject matter, and
carry out other functions in accordance with the Patent
Office Regulations approved by the Cabinet of Ministers
of the Republic of Uzbekistan.
The Appeal
Board (hereinafter – Appeal Board) shall be independent
in its decision-making and shall be governed in its
activities by this Law and other legislative acts.
The Appeal
Board shall examine appeals:
- relating
to the decisions of the Patent Office regarding claimed
industrial property subject matter;
- by the
natural and legal persons concerned against the grant of
patents for industrial property subject matter;
- against
the validity of patents for industrial property subject
matter.
Within the
limits of its powers, the Appeal Board may also examine
other types of appeals.
The Appeal
Board Regulations shall be approved by the Cabinet of
Ministers of the Republic of Uzbekistan.
If several
persons have created industrial property subject matter
independently of each other, the right to the patent
shall belong to the person who first filed an
application for the grant of a patent with the Patent
Office.
The inventor
(joint inventors) of industrial property subject matter,
for which an application has been filed or a patent
obtained as a result of unlawful borrowing, shall have
the right to challenge the grant of the patent or
request the transfer of the patent to him, as the patent
owner, by the courts.
A patent for
industrial property subject matter shall be granted,
once a State examination has been conducted.
A patent for
an invention shall certify novelty, inventive step, its
activity and the exclusive right of the patent owner to
own, use and dispose of the invention.
A patent for
a utility model shall certify novelty, its activity and
the exclusive right of the patent owner to own, use and
dispose of the utility model.
A patent for
an industrial design shall certify the novelty and
originality of the industrial design, its activity and
the exclusive right of the patent owner to own, use and
dispose of the design.
The
obligation to prove the non-validity of a patent for
industrial property subject matter, within the full
scope of legal protection or only part thereof, shall
lie with the party claiming the non-validity.
The exclusive
right of a patent owner shall be considered valid from
the date of publication of the information concerning
registration of industrial property subject matter in
the Patent Office official gazette.
A patent for
an invention shall be valid for twenty years (ten years
for an industrial design patent and five years for a
utility model patent), from the filing date of the
application for the grant of a patent with the Patent
Office.
The validity
of a patent for an invention in the cases provided for
by legislation may be extended by the Patent Office at
the request of the patent owner, but for a maximum
period of five years. The procedure for extending the
validity of a patent for such an invention shall be
established by the Patent Office.
The validity
of a patent for an industrial design and of a patent for
a utility model may be extended by the Patent Office, at
the request of the patent owner, for five years and
three years respectively.
The scope of
legal protection provided by a patent for an invention
and a utility model shall be defined by their claims,
and for a patent for an industrial design by all its
essential features and/or the combination thereof
(hereinafter – all its essential features), represented
in images of the article (mock-up, drawing).
A patent for
industrial property subject matter and also the right to
obtain such a patent shall be inherited.
Subject
matter claimed as an invention shall be granted legal
protection, if it is novel, involves an inventive step
and is industrially applicable.
An invention
shall be novel, if it is not known from the prior art.
An invention
shall involve an inventive step, if it is not obvious
from the prior art.
The prior art
shall include any information made generally accessible
in the world before the priority date of the invention.
In
establishing the novelty of an invention, withdrawn
applications for the grant of a patent, filed with an
earlier priority, shall also be taken into account.
An invention
shall be industrially applicable, if it may be used in
industry, agriculture, healthcare and other sectors.
The public
disclosure of information relating to an invention, by
the inventor, applicant or any person who has received
this information therefrom, either directly or
indirectly, shall not be recognized as a circumstance
influencing the recognition of the patentability of the
invention, if the application for the grant of a patent
for the invention has been filed with the Patent Office
not later than six months from the date of disclosure of
the information. In that regard, the obligation to
prove the fact in question shall lie with the inventor
and the applicant.
The following
shall be recognized as inventions:
- devices;
- methods;
- substances;
- strains of
micro-organisms;
- plant and
animal cell cultures;
- application
of previously known devices, methods, substances and
strains of micro-organisms for a novel purpose.
The following
shall not be recognized as inventions:
- scientific
theories and mathematical methods;
-
organizational and management methods;
- agreed
designations, schedules and rules;
- rules and
methods for carrying out intellectual operations;
- algorithms
and computer programs;
- plans and
diagrams for buildings, constructions and land;
- decisions
relating only to the external appearance of articles,
intended to satisfy aesthetic requirements;
-
topographies of integrated circuits;
- plant
varieties and animal breeds;
- decisions
contrary to public interests, principles of humanity and
morality.
Article 7.
Patentability requirements for a utility model
Subject matter
claimed as a utility model shall be granted legal
protection, provided that it is novel and industrially
applicable.
A utility
model shall be novel, if all its essential features are
unknown from the prior art.
The prior art
shall include all the information made generally
accessible in the Republic of Uzbekistan concerning
means for the same purpose as the claimed utility model
and also information on their application.
A utility
model shall be industrially applicable, provided that it
can be used in practice.
The public
disclosure of information relating to a utility model,
by the inventor, applicant or any person who has
received this information therefrom, either directly or
indirectly, shall not be recognized as a circumstance
influencing the novelty of the utility model, if the
application for the grant of a patent for the utility
model has been filed with the Patent Office not later
than six months from the date of disclosure of the
information. In that regard, the obligation to prove
the fact in question shall lie with the inventor and the
applicant.
The
constructive design of devices shall relate to utility
models.
The subject
matter indicated in part nine of article six of this Law
shall not be protected as utility models.
Subject matter
claimed as an industrial design shall be granted legal
protection, provided that it is novel and original.
An industrial
design shall be recognized as novel, if all its
essential features are unknown from the information made
generally accessible in the world before the priority
date of the industrial design.
In
establishing the novelty of an industrial design,
withdrawn applications for the grant of a patent, filed
with an earlier priority, shall also be taken into
account.
An industrial
design shall be recognized as original, if all its
essential features condition the technical character of
the features of the article.
The public
disclosure of information relating to an industrial
design, by the inventor, applicant or any person who has
received this information therefrom, either directly or
indirectly, shall not be recognized as a circumstance
hindering the recognition of the patentability of the
industrial design, if the application for the grant of a
patent for the industrial design has been filed with the
Patent Office not later than six months from the date of
disclosure of the information. In that regard, the
obligation to prove the fact in question shall lie with
the inventor and the applicant.
An artist or
designer’s decision determining the external appearance
of an article shall relate to industrial designs.
The following
shall not be recognized as industrial designs:
- printed
products as such;
-
architectural subject matter (apart from small
architectural forms), industrial, hydrotechnical and
other stationary constructions;
- non-stable
subject matter made of liquid, gaseous, friable or
similar substances;
- decisions
determined exclusively by the technical function of an
article;
- decisions
contrary to public interests, principles of humanity and
morality.
The inventor
of industrial property subject matter shall be
recognized as the natural person whose creative effort
led to the creation of the subject matter.
If industrial
property subject matter is created by the joint creative
effort of more than one natural person, all such persons
shall be recognized as its equal joint inventors, unless
otherwise agreed by them.
The right of
inventorship shall be an inalienable and
non-transferable personal non-proprietary right.
A patent for
industrial property subject matter shall be granted to:
- the
inventor (joint inventors) of industrial property
subject matter or his (their) heir(s);
- the natural
and/or legal persons (with their agreement) indicated by
the inventor or his heir in the application for the
grant of a patent or in the declaration of amendment of
the applicant, filed with the Patent Office prior to
registration of the industrial property subject matter;
- an
employer in the cases provided for in this article.
The right to
a patent for industrial property subject matter, created
by an employee in connection with the fulfillment of
his/her employment duties or a specific task of the
employer, shall belong to the employer where this is
provided for by agreement between the employer and
employee.
If an
agreement between an employer and inventor (joint
inventors) does not contain the provisions of the second
part of this article, in that case the inventor (joint
inventors) shall be entitled to file an application and
to obtain a patent for industrial property subject
matter in his/her own name. In that regard, the
employer shall be entitled to use the corresponding
industrial property subject matter in his own production
and shall pay appropriate compensation to the patent
owner, as defined by agreement.
In cases
where an employer keeps industrial property subject
matter secret, he shall pay the inventor (joint
inventors) appropriate remuneration, the level of which
shall be fixed by agreement.
Article 12.
Acts not recognized as an infringement of a patent
owner’s exclusive right
The following
shall not be recognized as an infringement of a patent
owner’s exclusive right:
- the use of
devices, containing industrial property subject matter
protected in the Republic of Uzbekistan, on a means of
transport of another State party to the Paris Convention
of the Protection of Industrial Property, where the
means of transport in question is temporarily or
inadvertently located on the territory of the Republic
of Uzbekistan, provided that these devices are used
exclusively for the needs of the given means;
- the
conduct of scientific research or an experiment on means
containing industrial property subject matter protected
by patents;
- the use of
means of containing industrial property subject matter
protected by patents, in cases of natural calamities,
disasters, epidemics and other exceptional
circumstances;
- the use of
means containing industrial property subject matter
protected by patents, where these means have been
lawfully introduced into civilian circulation;
- the use of
means containing industrial property subject matter
protected by patents, for personal reasons without an
income being obtained;
- the
one-off preparation of medicines in chemists according
to a doctor’s prescription.
Article 13.
Infringement of a patent owner’s exclusive right
Any person
using industrial property subject matter protected by a
patent, in contravention of the provisions contained in
Articles 11 and 32 of this Law, shall be considered to
have infringed the patent owner’s exclusive right.
An infringement of a patent owner’s
exclusive right shall be recognized as the unauthorized
preparation, application, import, offer for sale, sale,
other introduction into civilian circulation or
preservation for this purpose of an article prepared
with the application of patented industrial property
subject matter, and also the application of a method
protectable by a patent for an invention, or the
introduction into civilian circulation or preservation
for this purpose of an article prepared by directly by
the method protectable by the patent for the invention.
Persons using
industrial property subject matter in violation of a
patent owner’s exclusive right shall, at the request of
the patent owner:
- cease the
actions infringing the patent owner’s exclusive right;
- compensate
the patent owner for the losses he has incurred, in
accordance with legislation.
An
application for the grant of a patent shall be filed by
the inventor, an employer or their legal successor
(hereinafter – the applicant) with the Patent Office.
A document
shall be attached to applications for the grant of a
patent, confirming the payment of the patent fee at the
prescribed level, the grounds for exemption from payment
of the patent fee or the reduction in its amount.
The
requirements for application documents for the grant of
a patent shall be established by the Patent Office.
An
application for the grant of a patent may be filed
personally, or through a patent attorney or an agent.
Article 15.
Application for the grant of a patent for an invention
An application
for the grant of a patent for an invention (hereinafter
– application for an invention) shall relate to one
invention or group of inventions so linked as to form a
single inventive concept (requirement of unity of
invention).
An
application for an invention shall contain:
- a request
for the grant of a patent with an indication of the
inventor (joint inventors) of the invention and the
person in whose name the patent is requested, as well as
their place of residence or business;
- a
description of the invention disclosing sufficient
information for it to be carried out;
- claims
expressing the essential features of the invention and a
fully compatible description;
- drawings and other
materials, where required to understand the essential
features of the invention;
- an abstract
of the invention.
An
application for the grant of a patent for a utility
model (hereinafter – application for a utility model)
shall relate to one utility model or group of utility
models, so linked as to form a single inventive concept
(requirement of unity of utility model).
An
application for a utility model shall contain:
- a request
for the grant of a patent with an indication of the
inventor (joint inventors) of the utility model and the
person in whose name the patent is requested, as well as
their place of residence or business;
- a
description of the utility model disclosing sufficient
information for it to be carried out;
- claims
expressing the essential features of the utility model
and a fully compatible description;
- drawings and other
materials, where required to understand the essential
features of the utility model;
- an
abstract of the utility model.
An
application for the grant of a patent for an industrial
design (hereinafter – application for an industrial
design) shall relate to one industrial design and may
include alternatives to this design (requirement of
unity of industrial design).
An application for an
industrial design shall contain:
- a request
for the grant of a patent with an indication of the
inventor (joint inventors) of the industrial design and
the person in whose name the patent is requested, as
well as their place of residence or business;
- a series
of images representing an article, a mock-up or drawing,
providing a full detailed picture of the external
appearance of the article;
- a drawing
affording general views of the manufactured article, and
its functional characteristics or an assembly diagram
where indispensable for a clear understanding of the
disclosure;
- a
description of the industrial design including all its
essential features.
Article 18.
Priority of industrial property subject matter
The priority
date of industrial property subject matter shall be
established according to the date of filing with the
Patent Office of an application for the grant of a
patent.
The priority
of industrial property subject matter may be
established:
- according
to the filing date of the first application in another
State party to the Paris Convention for the Protection
of Industrial Property (convention priority), if an
application for an invention and an application for a
utility model have been received by the Patent Office
within 12 months, and an application for an industrial
design – within six months of the date in question. If
for reasons beyond the applicant’s control an
application requesting convention priority could not
have been filed within the period indicated, this period
may be extended by the Patent Office, but by not more
than two months. An applicant wishing to take advantage
of the right of convention priority shall indicate this
accordingly when the application is filed and/or submit
the requisite materials not later than three months from
application filing date with the Patent Office;
- according
to the filing date of additional documents, where such
documents are compiled by the applicant as a separate
application which is filed prior to the expiry of a
three-month period from the date of receipt by the
applicant of notification from the Patent Office of the
fact that the additional documents may not be taken into
account in connection with the recognition that they
change the essential features of the claimed invention;
- according
to the filing date with the Patent Office of the
earliest application of the same applicant, disclosing
this industrial property subject matter, if the
application, for which such priority is requested, was
received not later than 12 months from the date of
receipt of the earliest application for an invention and
application for a utility model, and six months – from
the earliest application for an industrial design. In
that regard, the earliest application shall be
considered to have been withdrawn.
If in the
process of a State examination, it is established that
identical applications for the grant of a patent have
one and the same priority date, the patent may be
granted according to the application for which the
earlier date of dispatch to the Patent Office has been
proven and, where these dates coincide, for the
application which has the earlier incoming Patent Office
registration date.
The priority
of industrial property subject matter may not be
established according to the date on which a withdrawn
application for the grant of a patent was received, for
which earlier priority has already been requested.
The priority
of industrial property subject matter according to a
separate individual application for the grant of a
patent shall be established as per the filing date with
the Patent Office of the original application.
An applicant
shall be entitled to convert an application for an
invention into an application for a utility model, and
vice versa, prior to a decision being taken on the grant
of a patent. In the case of such conversions, the
priority of the first application shall be retained.
An
appropriate patent fee shall be paid for the conversion
of applications.
The Patent
Office shall conduct a State examination on an
application for the grant of a patent, consisting of a
formal examination, an examination of the application
for a utility model, and a scientific and technical
examination of the substance of the application for an
invention or industrial model (hereinafter – substantive
examination).
Within two
months of the filing date of an application for the
grant of a patent, the applicant shall be entitled to
make amendments or clarifications thereto, or to include
additional documents, without changing the essential
features of the claimed industrial property subject
matter.
In the case
of an application for the grant of a patent, compiled in
violation of the established requirements, the applicant
shall be requested to provide, within three months of
the date of dispatch, corrected or missing documents.
Where an
applicant does not provide, within the period indicated,
the requested documents or does not submit a request to
extend the established period, an application for the
grant of a patent shall be considered to have been
withdrawn.
Corrections,
clarifications or additional documents relating to an
application for the grant of a patent may be submitted
after the period in question has expired, but not once a
decision has been taken to grant a patent, provided that
the patent fee has been paid.
In the case
of an application for the grant of a patent, filed in
violation of the requirements of unity of industrial
property subject matter, the applicant shall be invited,
within three months of the date of dispatch to him of
the corresponding request, to state which subject matter
should be examined, and to clarify the application
documents accordingly. The other subject matter forming
part of the original application documents may be
separated into individual applications. If an applicant
does not state which subject matter should be examined,
and does not provide clarified documents, a State
examination shall be conducted of the subject matter
indicated first in the claims for the invention or
utility model, or in the description of the industrial
design.
Deadlines
missed by an applicant for the submission of materials
following a State examination request may be
re-established by the Patent Office, provided that the
causes of the unavoidable postponement of the
established deadline are confirmed and the patent fee is
paid. A request to re-establish a missed deadline may
be filed by the applicant not later than 12 months from
the day on which the missed deadline expires.
Up to the
time of State registration of industrial property
subject matter in the appropriate State register, an
applicant may withdraw an application for the grant of a
patent at any stage of the State examination.
The
information contained in documents for applications for
the grant of a patent shall be kept secret by the Patent
Office, and details thereof shall not be supplied
without the consent of the applicant or patent owner.
The dissemination of the information contained in
application documents, prior to official publication of
information on the registration of industrial property
subject matter, shall give rise to liability in
accordance with the law.
Applications
for the grant of a patent, accepted for consideration by
the Patent Office, shall not be returned to applicants.
A formal
examination shall be carried out by the Patent Office
after a period of two months from the filing date of an
application for the grant of a patent. At the
applicant’s request, a formal examination may be
undertaken before the period in question expires. In
this case, from the time the request is filed the
applicant shall be deprived of the rights to add to,
correct and refine the application documents at his own
initiative, without the payment of an additional patent
fee.
During a
formal examination, it shall be examined whether the
claimed proposal complies with the industrial property
subject matter for which legal protection is granted.
Based on the results of the formal examination, the
Patent Office shall inform the applicant of the
decision.
An applicant
may lodge an appeal with the Appeal Board concerning a
decision of the Patent Office, within three months of
the date on which the decision is dispatched. The
appeal shall be examined by the Appeal Board within two
months of the date of its receipt.
An Appeal
Board decision may be appealed in the courts within six
months of the date of its adoption.
The Patent
Office shall examine an application for a utility model,
provided that the patent fee has been paid. The patent
fee may be paid within three months of the date of
dispatch to the applicant of a decision to conduct a
formal examination on the acceptance of an application
for consideration. Where the deadline in question is
breached, the application shall be considered to have
been withdrawn.
Provided that
an examination is conducted, it shall be verified
whether the claimed subject matter meets the
requirements of patentability, established by Article 7
of this Law.
If, as a
result of an examination, it is established that an
application has been filed for a proposal which does not
relate to subject matter protected as utility models, a
decision shall be taken to refuse to grant a patent and
the applicant shall be informed accordingly.
If, as a
result of an application examination, it is established
that the application documents for a utility model
comply with the stated requirements, the Patent Office
shall take a decision to grant a patent for a utility
model and the applicant shall be informed accordingly.
In
establishing that subject matter claimed as a utility
model fails to comply with the requirements of
patentability, a decision shall be taken to refuse to
grant a patent for a utility model and the applicant
shall be informed accordingly.
An applicant
may lodge with the Appeal Board an appeal concerning a
decision of the Patent Office within three months of the
date of its dispatch. The appeal shall be examined by
the Appeal Board within two months of the date of its
receipt.
An Appeal
Board decision may be appealed in the courts within six
months of the date of its adoption.
The Patent
Office shall conduct a substantive examination provided
that the patent fee has been paid. The patent fee may
be paid within three months of the date of dispatch to
the applicant of the decision for a formal examination
concerning the acceptance of an application for the
grant of a patent for consideration. Where the deadline
in question is not respected, an application shall be
considered to have been withdrawn.
If, as a
result of a substantive examination, it is established
that subject matter claimed as an invention, expressed
as a formula proposed by the applicant and subject
matter claimed as an industrial design, expressed in
terms of all its essential features, as proposed by the
applicant, meet the established requirements, the Patent
Office shall decide to grant a patent.
In
establishing that subject matter claimed as an invention
or an industrial design fails to comply with the
requirements of patentability, a decision shall be taken
to refuse to grant a patent.
An applicant
may lodge with the Appeal Board an appeal concerning a
decision of the Patent Office within three months of the
date of its dispatch. The appeal shall be examined by
the Appeal Board within four months of the date of its
receipt.
An Appeal
Board decision may be appealed in the courts within six
months of the date of its adoption.
Following a
decision taken to grant a patent, the Patent Office
shall carry out the State registration of industrial
property subject matter accordingly in the State
Register of Inventions, the State Register of Utility
Models or the State Register of Industrial Designs.
Article 25.
Official publication of information on the registration
of industrial property subject matter
The Patent
Office shall publish an Official Gazette containing
information on the registration of industrial property
subject matter. A full list and the content of the
information shall be defined by the Patent Office.
A patent for
industrial property subject matter shall be granted by
the Patent Office after a period of three months from
the date of publication of information on the
registration of the subject matter in the Official
Gazette.
A patent for
industrial property subject matter shall be granted in
the name of the Republic of Uzbekistan and shall be
signed by the Head of the Patent Office.
Where a
patent has been requested on behalf of more than one
person, a single patent shall be granted for industrial
property subject matter.
The form of
the patent for industrial property subject matter and
the content of the information provided therein shall be
established by the Patent Office.
Obvious and
technical errors shall, at the request of the patent
owner, be corrected by the Patent Office in a patent
granted for industrial property subject matter.
A patent for
industrial property subject matter may be recognized as
invalid, within the full scope of legal protection or
only part thereof, at any time according to an appeal
lodged with the Appeal Board, on the following grounds:
-
non-compliance of protected industrial property subject
matter with the requirements of patentability;
- the
presence in the claims for an invention, utility model
or all the essential features of an industrial design of
characteristics missing from the original application
documents.
The grant of
a patent for industrial property subject matter may be
suspended in connection with the lodging of an appeal
with the Appeal Board.
An Appeal
Board decision may be appealed in the courts within six
months of the date of its adoption.
In cases
where the courts examine a dispute, production of
industrial property subject matter shall be suspended by
the Patent Office until such time as the dispute is
settled.
The validity
of a patent for industrial property subject matter shall
be terminated upon the expiry of its period of validity,
as established by this Law.
The validity
of a patent for industrial property subject matter shall
be terminated early:
- where the
patent fees for maintaining the patent in force are not
paid within the prescribed period;
- on the
basis of a request submitted by the patent owner to the
Patent Office.
Information
on the early termination of the validity of a patent for
industrial property subject matter shall be published in
the Patent Office Official Gazette.
A patent owner
shall, upon a written request, be entitled to refuse a
patent for industrial property subject matter.
A refusal of a
patent by one of a number of patent owners shall not
lead to termination of the validity of a patent for
industrial property subject matter.
A refusal of
a patent for industrial property subject matter shall
enter into force from the date on which the Patent
Office receives a written request from the patent owner.
A patent
owner shall inform the inventor of the intention to
refuse a patent for industrial property subject matter.
In this case, the inventor shall have the right of
priority to own the patent.
If a patent
for industrial property subject matter constitutes the
subject of a licensing agreement, a refusal of the
patent is possible only with the consent of the license
owner, unless otherwise provided for by agreement.
A product
(article) shall be recognized as being manufactured
using a patented invention or utility model, and a
method protected by a patent for an invention as
applied, if each feature of the invention or utility
model is used therein and is included in an independent
claim, or feature equivalent thereto.
The validity
of a patent, granted for a method of obtaining a
product, shall also be extended to the product directly
obtained by this method. In that regard, a new product
shall be considered to have been obtained by the
patented method, in the absence of proof to the
contrary.
An article
shall be recognized as being manufactured using a
patented industrial design, if it contains all the
essential features of the design.
Any natural
or legal person who, up to the established priority date
of industrial property subject matter, used an identical
solution created independently of its inventor, or made
the necessary preparations therefore, shall retain the
right to further use thereof free of charge, without the
volume of production being expanded.
The right of
prior use may be transferred to another natural or legal
person only together with the products on which the
identical solution was used or the preparations
necessary therefore were made.
Article 33.
State encouragement of the use of industrial property
subject matter
Inventors and
economic subjects using industrial property subject
matter shall be granted special taxation and credit
conditions, as well as other privileges in accordance
with legislation.
Patent fees
shall be levied for the performance of legally
significant acts connected with the grant of legal
protection for industrial property subject matter.
Patent fees shall be paid to the Patent Office.
The levels of
and periods for payment of patent fees, grounds for
exemption from payment thereof, the reduction in their
levels and the reimbursement thereof, as well as the
procedure for the use of patent fees, shall be paid by
the Cabinet of Ministers of the Republic of Uzbekistan.
Patent fees
shall be paid by an applicant, patent owner or other
person concerned.
A patent
owner shall be granted a preferential period of six
months for the payment of a patent fee for maintaining a
patent in force, provided that an additional patent fee
is paid.
If a patent
fee for maintaining a patent in force and an additional
patent fee are not paid during the preferential period,
the validity of a patent shall be terminated from the
day of non-payment of the patent fee within the
prescribed period.
A patent
attorney shall avail himself of the right to represent
natural and legal persons before the Patent Office.
A citizen of
the Republic of Uzbekistan, residing permanently on its
territory, may be a patent attorney. The qualification
requirements for patent attorneys, and procedure for
their certification and registration shall be
established by legislation.
Natural
persons residing permanently outside the borders of the
Republic of Uzbekistan, or foreign legal persons, shall
conduct matters relating to the patenting of industrial
property subject matter and perform legally significant
acts connected therewith, through patent attorneys
registered with the Patent Office.
Natural
persons residing permanently in the Republic of
Uzbekistan, but permanently located outside its borders,
may conduct matters relating to the patenting of
industrial property subject matter and perform legally
significant acts connected therewith, without patent
attorneys but with an indication of the address for
correspondence within the borders of the Republic of
Uzbekistan.
The powers of
a patent attorney shall be certified by a power of
attorney.
Natural and
legal persons of the Republic of Uzbekistan shall be
entitled to patent industrial property subject matter in
other States, in accordance with the procedure
established by legislation.
Foreign
natural and legal persons shall enjoy the rights
provided for by this Law, on an equal footing with
natural and legal persons of the Republic of Uzbekistan
or on the basis of the principle of reciprocity.
Persons who
have committed infringements of legislation concerning
industrial property subject matter shall assume
liability in accordance with the established procedure.
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