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PROSPECTS FOR IMPROVING THE CIVIL LEGAL STATUS OF
GEOGRAPHICAL INDICATORS IN UZBEKISTAN
Jumambetov Rasul Jengisbaevich
Doctoral student at Tashkent State University of Law
https://doi.org/10.5281/zenodo.15171687
Introduction.
The Republic of Uzbekistan stands out for its rich natural
resources, historical heritage, and traditional products. To protect the
uniqueness of these products and enhance their competitiveness in
international markets, the development of a geographical indications (GI)
system is of great importance. The adoption of the Law «On Geographical
Indications» in 2022 was a significant step in this field. However, there are still
several challenges in its implementation and in achieving international
recognition. This article discusses the civil legal status of GIs, their current state,
and prospects for improvement.
Legal Nature and Significance of Geographical Indications.
Geographical indications represent the quality, reputation, or other
characteristics of products associated with a specific region. For example,
products such as Samarkand bread, Bukhara carpets, or Fergana melons are
distinguished by their geographical origin. GIs serve as an essential tool for
supporting local producers, protecting consumer rights, and promoting national
economic development.
In international practice, GIs are mainly regulated in accordance with the
rules of the World Trade Organization (WTO), particularly the TRIPS Agreement.
Additionally, some countries protect their geographical indications at the
international level through the Lisbon Agreement. Although Uzbekistan has not
yet joined this agreement, it seeks to enhance its competitiveness in global
markets by aligning with TRIPS standards.
Current Legal Framework for Geographical Indications in Uzbekistan.
On March 3, 2022, the President of Uzbekistan signed the Law "On Geographical
Indications," which defines the procedures for registering, using, and protecting
GIs. Before the adoption of this law, geographical indications were protected
under the Law "On Trademarks, Service Marks, and Appellations of Origin."
According to the new law:
The registration of geographical indications is carried out by the
Intellectual Property Agency under the Ministry of Justice.
Owners of registered GIs have the exclusive right to produce and sell their
products.
Legal measures are taken in cases of unauthorized or incorrect use of GIs.
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However, the implementation of this law has not yet been fully established.
There is still a lack of clear information regarding registration procedures, legal
mechanisms, and international protection systems.
Challenges in the Development of Geographical Indications.
The
development of the GI system in Uzbekistan faces several challenges, including:
Low awareness levels: Many local producers and consumers lack sufficient
knowledge about GIs, preventing them from fully utilizing their potential.
Weak quality control and certification system: Protecting GIs requires
high-quality standards. However, the full implementation of such a system in
Uzbekistan requires significant resources and technical expertise.
Limited international protection: Uzbekistan is not yet a member of the
Lisbon Agreement, which restricts the ability to protect local GIs in international
markets.
Weak enforcement mechanisms: The absence of specialized judicial
systems to combat misuse or counterfeit products complicates the process of
legal protection.
Prospects for Improvement and Recommendations.
To strengthen the
civil legal status of geographical indications (GIs), the following measures can be
implemented:
Joining international agreements: Uzbekistan can expand opportunities for
international protection of GIs by joining the Lisbon Agreement or signing
bilateral agreements.
Awareness campaigns: Educational initiatives should be conducted to
inform local producers and consumers about the economic and legal benefits of
GIs.
Strengthening the quality control system: A specialized certification
system should be introduced to verify the geographical origin of products, along
with providing technical assistance to producers.
Improving enforcement mechanisms: Establishing specialized intellectual
property courts or training law enforcement agencies can enhance the GI
protection system.
Integration with tourism and cultural strategies: Linking the GI system
with Uzbekistan’s tourism sector can boost its economic efficiency.
Conclusion
Enhancing the civil legal status of geographical indications in Uzbekistan is
crucial for economic development and the preservation of cultural heritage. The
2022 law was a significant step forward, but its effective implementation,
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international recognition, and legal improvements are still needed. By increasing
awareness, developing a certification system, and joining international
agreements, Uzbekistan can further strengthen its GI system. These measures
will contribute to the global promotion of the country’s unique products.
References:
1.
Law No. O‘RQ-757 «On Geographical Indications» - LEX.UZ,
https://lex.uz/docs/-5889882
2.
21.12.1995. The Civil сode of the Republic of Uzbekistan (Part One) -
LEX.UZ, https://lex.uz/docs/-111189?otherlang=1
3.
No. 385, 13.07.2022. On the approval of the administrative regulation for
the provision of the state service for the registration of geographical indications
- LEX.UZ, https://lex.uz/docs/-6110887?ONDATE=07.05.2024%2000
