International Journal of Law And Criminology
34
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue03 2025
PAGE NO.
34-35
10.37547/ijlc/Volume05Issue03-08
Legal foundations of intellectual property rights in the
republic of Uzbekistan
Sarsenbaeva Ellada Tengelbayevna
Student of the Faculty of Law, Karakalpak State University, Uzbekistan
Received:
24 January 2025;
Accepted:
25 February 2025;
Published:
23 March 2025
Abstract:
Copyright plays a crucial role in encouraging creative activity in society and protecting the rights of
authors. This right serves to safeguard creators' works from illegal use and ensure their property and personal
interests. In the Republic of Uzbekistan, the legal foundations for copyright protection have developed since
independence in accordance with international standards. In particular, the Law «On Copyright and Related
Rights,» adopted in 2006, serves as a fundamental legal basis in this area.
This article examines the legal framework for copyright protection in Uzbekistan, the existing legislation, the types
of liability for copyright infringement, and issues related to copyright protection in the digital environment.
Additionally, existing problems, possible solutions, and international practices are analyzed.
Keywords:
Copyright, related rights, intellectual property, copyright objects, copyright subjects, civil liability,
administrative liability, criminal liability, Intellectual Property Agency, Berne Convention, Rome Convention,
counterfeit copies.
Introduction:
Copyright is a set of exclusive rights that
regulate the author's rights over works resulting from
creative activity. These rights grant the author the
ability to create, use, distribute, and protect their work.
According to the Law of the Republic of Uzbekistan «On
Copyright and Related Rights,» copyright arises based
on the fact of the creation of a work and does not
require registration or any other formal procedures .
When discussing the legal foundations of copyright, it
is essential to consider the objects and subjects of
copyright. Objects of copyright include works of
science, literature, and art, such as textual, musical,
dramatic, choreographic, and audiovisual works; works
of visual and applied decorative arts; architecture,
urban planning, and landscape design; photographic
works, maps, as well as computer programs and
databases
—
all of which are results of creative activity.
Subjects of copyright are the authors who created
these works or their legal successors, as well as other
individuals or legal entities that have obtained the right
to use the works under legal provisions or contractual
agreements. .
Copyright arises automatically from the moment a
work is created, and its registration is not required. It
encompasses both personal non-property rights (such
as authorship, the right to be credited, and the right to
maintain the integrity of the work) and property rights
(such as the right to use the work and derive financial
benefits from it).
The duration of copyright protection extends
throughout the author’s lifetime and continues for 70
years after their death. Copyright protection is
determined by the national legislation of each country,
meaning that each state establishes its own rules for
safeguarding copyright within its jurisdiction. However,
Uzbekistan is a party to international treaties and
conventions on copyright protection, ensuring the
recognition and enforcement of copyright on a global
scale.
In the Republic of Uzbekistan, copyright is regulated by
the following normative legal documents:
1.
The Law of the Republic of Uzbekistan «On
Copyright and Related Rights»
–
This law was adopted
on July 20, 2006, and regulates relations related to the
creation and use of scientific, literary, and artistic works
(copyright) as well as performances, phonograms, and
broadcasts of organizations transmitting via radio or
cable (related rights). The law defines copyright
International Journal of Law And Criminology
35
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International Journal of Law And Criminology (ISSN: 2771-2214)
objects, the author's personal non-property and
property rights, subjects of related rights and their
entitlements, as well as methods of protecting these
rights.
2.
Copyright-related provisions of the Civil Code
of the Republic of Uzbekistan
–
Articles 1041
–
1081 of
the Civil Code govern relations concerning copyright
and related rights. These articles outline copyright
objects, the emergence of copyright, the author's
personal non-property and property rights, related
rights, and the procedures for protecting these rights.
3.
The Intellectual Property Agency and its
powers
–
The Intellectual Property Agency operates in
Uzbekistan to implement state policy in the field of
intellectual property, protect copyright and related
rights, and perform regulatory and supervisory
functions in this sphere. The agency is responsible for
protecting copyright and related rights, raising legal
awareness, improving legislation, and developing
international cooperation.
Additionally, Uzbekistan is a party to several
international treaties and conventions in the field of
copyright, which means the country is committed to
adhering to international standards. These agreements
include:
•
Berne Convention
–
Uzbekistan joined the
Berne Convention for the Protection of Literary and
Artistic Works in 2004 . This convention ensures the
protection of authors' rights over their literary and
artistic works.
•
TRIPS Agreement
–
Since Uzbekistan is not a
member of the World Trade Organization (WTO), the
Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) is not directly applicable.
However, the country strives to comply with
international standards in intellectual property rights
protection.
•
Rome Convention
–
On June 5, 2024,
Uzbekistan became a party to the International
Convention for the Protection of Performers, Producers
of Phonograms, and Broadcasting Organizations (Rome
Convention, October 26, 1961).
These normative legal documents and international
agreements form the legal foundation for regulating
and protecting copyright and related rights in the
Republic of Uzbekistan.
It is important to note that the legislation of the
Republic of Uzbekistan on copyright also establishes
legal liability for violations in this field. The types of
liability include::
Civil Law Responsibility
. In case of violation of
copyright or related rights, the copyright holder can
appeal to the court. Applying to the court requires the
cessation of the offense, compensation for damages,
and confiscation of illegally reproduced copies of the
work. Also, losses caused to third parties as a result of
the offense may be recovered at the expense of the
offender.
Administrative Responsibility
: According to the Code
of Administrative Responsibility of the Republic of
Uzbekistan, persons who violate copyright and related
rights are subject to fines. In this case, the amount of
the fine for citizens may be from one to five, and for
officials - from five to ten basic calculated values.
Criminal liability
: Based on Article 149 of the Criminal
Code, criminal liability is established for gross violations
such as copyright infringement. Penalties such as fines,
compulsory community service, or restriction of liberty
are applied for such violations.
In the Republic of Uzbekistan, important steps have
been taken in the field of protection of copyright and
related rights. The Law «On Copyright and Related
Rights» adopted on July 20, 2006, and the relevant
norms of the Civil Code of the Republic of Uzbekistan
regulate these rights. The Intellectual Property Agency
plays an important role in this area, contributing to the
protection of rights and increasing legal knowledge.
Uzbekistan also accedes to international treaties,
including the Bern Convention and the Rome
Convention, recognizing and protecting copyright at
the international level. Civil, administrative, and
criminal liability measures for copyright infringement
have been established, aimed at preventing offenses
and protecting the interests of copyright holders.
In the future, it is planned to further improve legislation
in this area, strengthen the activities of law
enforcement agencies, and enhance the legal culture of
the population.
REFERENCES
Law of the Republic of Uzbekistan «On Copyright and
Related Rights»
–
July 20, 2006. Lex.uz
Civil Code of the Republic of Uzbekistan
–
Copyright-
related provisions (Articles 1041
–
1081). Lex.uz
Code of Administrative Responsibility of the Republic of
Uzbekistan
–
Liability for copyright infringement.
Berne Convention
–
International treaty for the
protection of literary and artistic works.
Rome Convention
–
International convention for the
protection of performers, producers of phonograms,
and broadcasting organizations.
