The article examines national and foreign experience in judicial protection of exclusive rights to intellectual property. The role and specificity of judicial protection, the legal framework regulating this sphere, the effectiveness of national legislation, relevance to the judiciary, judicial statistics in this matter, case law and the experience of foreign countries are analyzed in order to come up with the methods of protection of exclusive rights to intellectual property.
The socio-economic and legal consequences of the settlement of intellectual property disputes are presented as one of the most pressing issues in the work of the courts in the light of the fact that the issue of intellectual property rights is becoming a serious social problem in Uzbekistan and all around the world.
Based on in-depth analysis of the world experience on how the issue of jurisdiction of intellectual property cases is resolved, it is concluded that the establishment of separate courts specializing specifically in intellectual property disputes will result in resolving disputes without delay in a fair and reasonable manner.
The article differentiates between two categories of problems in the consideration of intellectual property issues in court practice. The first type of problems is related to subjective factors, while the second is demonstrated to comprise objective difficulties. Subjective problems comprise of the courts lacking the experience to resolve all disputes involving intellectual property rights. Alternatively, the objective factors are stated to entail the lack of clear legal framework or underdevelopment of single court practice regulating this category of cases.
Therefore, it is concluded that the establishment of specialized courts in Uzbekistan specifically dealing with intellectual property disputes is justified by the development of social relations based on a market economy and the growing importance of intellectual property in the life of the state and society. In this regard, it is argued that the process of formation of a panel of judges in the Supreme Court of the Republic of Uzbekistan should entail a system of retraining and advanced training of judges in the field of intellectual property rights in cooperation with the World Intellectual Property Organisation and the Intellectual Property Agency.
Taking comparative research methods as a basis, it is suggested that the Civil Procedural Code of the Republic of Uzbekistan, the Economic Procedural Code of the Republic of Uzbekistan, the Code of the Republic of Uzbekistan on Administrative offences should include a chapter devoted to reflection of the specifics of litigation of intellectual property rights, claims, lawsuits, deadlines for appeals and other procedural deadlines, norms that cover all aspects of such disputes differentiating them from other types of cases, as well as, the issue of developing the norms regulating the administrative liability for offences in the field of intellectual property rights and the criminal liability for illegal use of intellectual property rights is also justified
As a result of the development of economic relations in the scope of civil turnover, the number of not only traditional tangible, but also intangible objects, including property rights, is growing, and taking into account the effectiveness of the protection system provided, it becomes a matter of discussion to extend the proprietary legal regimes to these objects. In the framework of this article, issues related to the recognition of property rights as objects of property rights are critically analyzed and the position on the inappropriateness of applying property rights to them is substantiated.
The article deals with the issues of determining the international transfer of technologies and the protection of intellectual property at the international level. The article analyzes international treaties and doctrines in the field of regulation of intellectual property and its international transfer. In conclusion, the author comes to the opinion that the main goal of the global policy in the field of intellectual property rights is to harmonize the level of pro- tection of intellectual property rights throughout the world.
The continuous change and dynamic rate of privatization, which especially began in the second part of the XX century, are impacting today’s economic stability of world countries. Therefore, the following article is going to outline the pros and cons of the means of properties by analyzing the latest numbers about the condition of privatization, in the case of Uzbekistan, and how was economy affected by this process during and after the Pandemic.
In this article understanding of a private property in a historical foreshortening are analysed, the analysis of scientific views on concept of a private property and its contents is carried out. Proceeding from the carried-out analysis, the author gives certain conclusions on understanding of a private property today and concerning a legal regime of the enterprises having the state share.
This article studies the peculiarities of compensation for moral damage of contractual legal relations and offers proposal of improving the legislation in this sphere. It concludes that in the event that a party that has signed a contract with an individual does not fulfill contractual obligations, the victim may claim compensation not only for material damage but also for moral damage.
Булутли технологиялар бугунги кунда иқтисодиёт тармоқлари ва соҳаларига секин-асталик билан кириб бормоқда, унинг фойдаланувчиларга қулайлиги ва иқтисодий жиҳатдан самарадорлиги ундан аҳолининг фойдаланишга бўлган эҳтиёжи янада ошишига сабаб бўлмоқда. Таъкидлаш керакки, булутли технологияларга бўлган қизиқиш Ўзбекистон Республикаси томонидан расман 2018 йилдан бошланган ва бу дастлаб электрон тижорат иштирокчилари томонидан қўлланилган
This article analysis the concept and signs of a know-how as intellectual property object. Based on studying of theoretical views and experience of some countries author's determination of “know-how” was formulated
This article is devoted to highlighting such problems as copyright compliance in global Internet in the field of digital globalization and widespread use of information technologies on various IT platforms, analyzes the most common violations in the field of intellectual property protection and copyright in particular, namely, the use of copyrighted photographs, texts, images without obtaining the appropriate permission of the author or without specifying information about it, which is the main indicator of plagiarism, that is, the misuse of someone else's creative work. The paper considers normative legal acts of the Republic of Uzbekistan in the field of intellectual property protection with an explanation of legislative bases of copyright and various ways of their use in both civil and administrative and criminal legislation. In addition, several proposals have been put forward to improve legal culture of citizens and technical protection of copyrights through the use of World Organization of Information Property WIPO PROOF service.
The article provides recommendations on the importance of foreign experience in preventing the importation of low-quality and counterfeit goods into the country as counterfeit goods and to the extent that they are protected by the customs authorities.
This article devoted to some problems of parallel import for the protection of pairs of intellectual property objects
This article provides a detailed definition of the concept of innovation. It also identifies key components of the innovative life cycle and provides recommendations for reducing the credit constraints for Uzbek enterprises and developing the financial system as a whole.
The President of the Republic of Uzbekistan Shavkat Mirziyev, in his address to the Oliy Majlis on December 22, 2017, stated that the development of entrepreneurship should be in the center of attention of our country, the necessary measures should be taken to support this area, remove obstacles and pitfalls on the way to the rapid and stable development of subjects management, customs procedures stressed that it requires a radical revision of the system of simplification and verification of the activities of business entities.
The article examines the popularity of international commercial
arbitration as a means of resolving disputes in the field of intellectual property. The
author discusses historical and theoretical aspects, as well as topical problems in
this area. The categories of disputes and the role of arbitration in resolving such
conflicts are highlighted.