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
Annotation.In modem legal systems, the use of alternative pre-trial methods is more important than the litigation of intellectual property disputes. Resolving intellectual property disputes in court is costly, time consuming, and making the wrong decision can lead to unpredictable and inconsistent results. This research paper examines the possibility of extensive use of alternative methods such as mediation, arbitration, and arbitration to resolve intellectual property disputes, and analyzes how appropriate they arc to resolve disputes. In the legal system of Uzbekistan, special attention is paid to the existing problems in the settlement of intellectual property disputes and what steps arc needed to introduce alternative dispute resolution. The study concludes that alternative dispute resolution mechanisms arc very suitable for intellectual property, and Uzbekistan needs to take big steps to implement such a system.
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.
В материалах представлены объекты интеллектуальной собственности (ОИС), получившие охрану, необходимые для успешного вхождения Республики Узбекистан в мировое экономическое сообщество и подготовка научных кадров в области изобретательства
In article the author analyzes the legislation of the USA, Japan, Germany, France and other countries of the European Union in the sphere of intellectual
property, the comparative and legal analysis is carried out and scientific views on tendencies of development of the legislation in the sphere of intellectual property are analyzed
This article is dedicated to some aspects of legal regulation of sharing intellectual property objects that obtained during fulfilling scientific-research, experimentalconstructor and technological works. As it is described in the article, the author stopped at issues on use of intellectual property, on factors maintaining share of intellectual property objects, confidential information according to contracts on fulfilling scientificresearch, experimental-constructor and technological works. Веsides of that, researcher describes the mechanism of sharing intellectual property objects that obtained during fulfilling scientific-research, experimental-constructor and technological works for state needs.
The article analyzes the content and legal nature of the
exclusive rights of the authors, the origin of liability for infringement of exclusive rights in the field of intellectual property, types of liability property, types of liability, the difference between civil and other liability, ways of
exercising intellectual property rights, litigatio
Today it is quintessential to preserve the objects of intellectual property and to commercialise those objects. For those purposes, Uzbekistan aiming to undertake vast complex procedures particularly re-rcgulatc intellectual property legislation and assuring its protection and commercialization. Despite of those efforts financing intellectual property objects by private companies remains relatively low. In these regard, author analyzed a new form of cooperation — strategic alliance or industrial cooperation in order to overcome those issues. It is showed that how creating strategic alliance has been operating today in Uzbekistan with several examples. On the basis of national and international practice and theoretical contributions of scholars makes some grounded conclusions. Moreover, author provides several amendmentsand supplements current civil-legislation in order improve operational mechanisms of the new project
The article is devoted to the development of the legislation which regulates the place and value of private property in the society and related to it public relations. Author puts forward the suggestions on improving the Law "On protection of private property and guarantees of property rights" through the studying the opinions of scientists.
In the prologue of the article the author considers a role and value of intellectual property for today. In the basic part questions of legal regulation and introduction of objects of intellectual property in Chartered capital are considered. In the conclusion the author gives concrete offers on
perfection of the current legislation in the given sphere.
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.
The article deals with computer programs - as an object of intellectual property on the example of developing countries. The author analyzes foreign legislation as an example - India, South Korea, Spain, and Latin American countries. In conclusion, the author gives their ideas and views on the improvement of legal regulation of relations connected with the computer programs.
This article devoted to some problems of parallel import for the protection of pairs of intellectual property objects