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Intellectual role of civil property protection in the world
experience of law enforcement and legislation
Jumanazar KHOLMUMINOV
1
, Farhod KHOLIQNAZAROV
2
Termez State University
ARTICLE INFO
ABSTRACT
Article history:
Received October 2021
Received in revised form
15 October 2021
Accepted 15 November 2021
Available online
25 December 2021
Intellectual property right is an intellectual (intellectual)
right that belongs to the result of the activity of the initiator of
the actions of the rights holder or owner. The owner has the right
to the absolute legal use of such property, at his discretion, in any
form and in any way. The use of such property objects belonging
to the right holder on the basis of absolute right is allowed only
with the consent of the rights holder or the owner.
2181-
1415/© 202
1 in Science LLC.
https://doi.org/10.47689/2181-1415-vol2-iss11/S-pp
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
Intellectual property,
industrial
property,inventions,
popular brands,
creative copyright,
legal norms.
Интеллектуал мулк ҳуқуқини ҳимоя қилишнинг жаҳон
тажрибасидаги ўрни
АННОТАЦИЯ
Калит сўзлар:
интеллектуал мулк,
саноат мулки,
ихтиролар,
машҳур брендлар,
ижодий муаллифлик
ҳуқуқи,
ҳуқуқий
нормалар.
Интеллектуал мулк ҳуқуқи –
интеллектуал (ақлий)
фаолият натижасига тегишли ҳуқуқ. Мулк эгаси ана шу
интеллектуал мулк объектларидан ўз хоҳишига кўра, ҳар
қандай шаклда ва ҳар қандай усулда мутлақ қонуний
фойдаланиш ҳуқуқига эгадир. Ҳуқуқ эгасига мутлақ хуқуқ
асосида тегишли бўлган интеллектуал мулк объектларидан
бошқа шахсларнинг фойдаланишига фақат ҳуқуқ эгасининг
розилиги билангина йўл қўйилади.
1
Termez state University, Faculty of Law, dean, doctor of jurisprudence, professor. Termez, Uzbekistan.
2
Termez State University, Law Faculty, Direction of Jurisprudence, 2nd year student. Termez, Uzbekistan.
Жамият
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Интеллектуальная роль защиты гражданской собственности
в мировом опыте правоприменения и законодательства
АННОТАЦИЯ
Ключевые слова:
интеллектуальная
собственность,
промышленная
собственность,
изобретения,
популярные бренды,
авторское право на
творчество,
правовые нормы.
Право
интеллектуальной
собственности
–
интеллектуальное (интеллектуальное) право, принадлежит
результату
деятельности
инициатору
действий
правообладателя или собственника. Владелец имеет право, на
абсолютное
законное
использование
таких
объектов
собственности, по своему усмотрению, в любой форме и любым
способом. Использование таких объектов собственности,
принадлежащих правообладателю на основании абсолютного
права, допускается только с согласия правообладателя или
собственника.
Intellectual property is a product of creative intellectual activity. Other types of
creative activity in the field of science, literature, art and production, literary, artistic,
scientific works, radio, television works, discoveries, inventions, industrial designs,
computer programs, databases, trademarks, included in the set of inventions and
copyright, firm terms and other intellectual property. At present, the protection of
intellectual property is an important task. The Republic of Uzbekistan became a member
of the World Intellectual Property Organization in December 1991, and in 1993 joined the
Paris Convention for the Protection of Industrial Property.
President of the Republic of Uzbekistan Sh. Mirziyoyev held a meeting on
October 12, 2021 to discuss measures to improve the system of protection of intellectual
property, noting the following: creation of a database of intellectual property of their
countries; last year about 400 inventions, 110 utility models, Although 170 industrial
designs and 36 selection achievements have been registered, only 43 scientific
developments have been commercialized. Therefore, it is necessary to organize an
“
electronic fair
”
of such scientific achievements.
”
This is due to the fact that the issue of copyright infringement is becoming a topical
issue not only in Uzbekistan but around the world. First, it’s an easy way
to make a profit
or even extra profit without having to spend to create something new. Second, modern
technology has made the process of data reproduction and distribution extremely easy and
inexpensive. In the past, authors and legitimate producers had natural protection. These
were: the complexity of the technique, the complexity of the process, and the high cost of
the copy obtained. So far, a lot has developed. Including: computers and typewriters, copies
can be cheap, and sales can be expensive
–
so there are additional benefits. Many scientists
around the world have done scientific and practical work to prevent these problems.
Former Director General of the World Intellectual Property Organization: Hendrik
Christian Bodenhausen (Netherlands, 1970
–
1973), Arpad Bogsh (Hungary, 1973
–
1997),
Kamil Idris (Sudan, 1997
–
2008), and management from 2008 to present. Francis Gaarry
and others have written a number of works on intellectual property rights while working
as executives. There are also scholars in Uzbekistan who have done works and practical
work on intellectual property rights. In particular: Director of the State Patent Office of the
Republic of Uzbekistan Akil Adilovich Azimov (since 1992). Under the leadership of
Azimov, work was carried out to establish and develop a state system of legal protection
and use of intellectual property.
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Saidmalik Azimov Akbarovich, a member of the Scientific Methodological Council of
Defectology at the Republican Center for Education, is also the author of many scientific
papers on intellectual property rights.
We can see that Doctor of Law, Professor O. Okyulov has conducted research in this
area and raised these issues several times in his works. One of such views is that in their
work intellectual property can be the subject of collateral, noting that any exclusive rights
and intellectual property rights on intellectual property can be pledged, as well as the
process is not applied in our country. Noting that this process is very well organized in
foreign countries, they also gave insights on how to carry out this stage. In other words,
they explained that if a loan is obtained on the security of intellectual property, the bank
must first examine it, and only if the object is found to have a promising and commercial
value, the bank will provide the necessary loans through a mortgage agreement.
Another scientist in the field, O. Pakhomenko did not deny the advantages of this
type of collateral, noting that the use of exclusive rights to an object of intellectual property
as collateral has the following disadvantages: the object of intellectual property is a less
liquid commodity, the scope of such objects is limited; in the case of many intellectual
property rights pledged, but in the event of non-performance of obligations, the recovery
may be directed to the pledged property in case of non-performance or inadequate
performance by the debtor of the obligation secured by the pledge.
Another industry expert, S.I. Pirdanov, on the other hand, cannot fully protect the
rights of the mortgagor due to the complexity of the procedure for mortgaging exclusive
rights to copyright. In case of non-fulfillment of the pledge obligations, the
commercialization of the exclusive rights to the pledge will depend on the will of the author
of the object. In addition, in the event of the author
’
s death, there is a serious possibility of
litigation with the author's heirs over the commercialization of the mortgaged property
rights, which suggests that copyright cannot be a reliable way to secure a bank loan
obligation.
Effective use of human capital in developed countries, the widespread introduction
of created intellectual property in the process of commercialization, the transformation of
intellectual property into one of the most developed sectors of the economy are important
indicators of economic development. For example, a single brand successfully used in
product packaging is able to represent the image of a large company, or even the entire
state. Popular brands such as Nike, Adidas, Apple, Mercedes Benz, Toyota are clear
examples of this.
We must prioritize the following tasks in achieving these goals. First, to establish a
special regime of use of mental labor products; second, the recognition of authorship for
the result of intellectual activity; third, moral and material incentives; fourth, to protect
the interests of copyrighted authors, employers, and others. The main purpose of such
tasks is to develop the field of intellectual property rights now and in the future.
The object of intellectual property is a process that occurs as a result of the
intellectual labor of the subject of intellectual property. Intellectual property objects vary
depending on how they are a product of activity, forms and characteristics. For example:
1. According to the results of intellectual activity: works of science, literature, art;
phonograms of performances of musical organizations; inventions, industrial products;
production secrets. 2. Means reflecting the specific features of goods, works and services
(company names, marks; appellation of origin, etc.).
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According to experts, security activities in relation to intellectual property imply the
priority activities of the legislative structures of the government, the issuance of legal acts
aimed at ensuring the observance of the legal rights of authors of creative products. In turn,
the protection of rights includes the activities of the executive and judicial structures in the
form of measures in response to violations of existing law. Although many lawyers
categorize these two types of activities prefer to combine. I will now try to show you in
detail what mechanisms exist for the protection of intellectual property rights in Russia.
One of the main legal documents on the protection of copyright in Russia is the Law of the
Russian Federation No. 5351 of 1993. According to the law, the field of intellectual
property in Russia is highly dependent on judicial practice. That is, what is stated in
normative acts usually requires additional interpretation in the process of implementing
the appropriate type of hearing. Lawyers emphasize that the main thing is novelty and
originality. That is, if the court was able to prove by the court that he had written the book
for the first time, he recognized his right to defend the product of his labor.
Intellectual property accounts for 45 percent of GDP in Europe, 12 percent in China,
and 7 percent in Russia.
About 4,500 intellectual property objects, including more than 2,000 trademarks,
are registered in the country annually. For example, Navoi Mining and Metallurgical
Combine has registered 35 inventions over the past decade, 16 of which have generated
more than 400 billion soums in economic benefits. Negotiations are underway to sell these
developments to gold mining companies in other countries.
Violations of the law in the field of intellectual property can also occur. I will now
try to illustrate the example of the Republic of Uzbekistan. In particular, last year in the
Republic of Karakalpakstan, regions and the city of Tashkent, in cooperation with the local
working group on compliance with intellectual property legislation, 22 sales of counterfeit
phonograms and audiovisual products were monitored in populated areas, markets,
shopping malls and outlets. A total of 394 violations were identified and reports of
violations were sent to the State Tax Committee and the Ministry of Internal Affairs. During
the reporting period, 14,279 (12,059 counterfeit) audiovisual products, phonograms and
electronic calculations were submitted to the Ministry of Internal Affairs and the State Tax
Administration, 50 expert opinions were given on the programs created for the machines.
In recent years, in cooperation with the Global Innovation Index Group, our country
has done a lot to ensure transparency and improve the criteria for evaluating innovative
activities. These efforts have paid off, and today, in 2020, Uzbekistan ranked 93rd.
Compared to the 122nd place in 2015, this can be called a huge increase. In addition, our
country ranks 4th among Central and South Asian countries. This means that changes in
the field of intellectual property are taking place in Uzbekistan, albeit slowly.
Among the results of human activity, the results of creative activity have a special
place, firstly, inventions and works of science, literature and art, as well as industrial
designs, topologies of integrated circuits, selection achievements and others. The level of
creative activity outcomes can vary significantly. Therefore, the results of intellectual
activity combine conceptual activity at any level. For a long time, the results of intellectual
creative activity were not someone else’s property, i.e., in modern terms, they were public
property. In other words, any results of intellectual activity could be used by others
without any restriction, although in many countries the authorship of the results of
creative activity is recognized. Possession of the results of creative activity began to be
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recognized from the XV century. The Republic of Venice, the world's largest naval and
commercial power, was one of the first to commercialize the results of creative activity. In
other words, they began to recognize property rights as the result of creative activity.
Later, such property was established in other countries. Gradually, the intellectual
property system emerged.
The result of intellectual activity is understood not as a material object, but as the
creative thought itself, that is, as an ideal, intangible object. Modern law radically refrains
from interfering in the inner life of the individual, as well as from entering the realm of
intimate relations between people: the law is not only with the outside world, but also with
the soul engaged. If an opinion is not expressed, it does not exist for the
law. You can’t force
a person to think, to create. You can only create such conditions that there is an
opportunity for thinking, creativity. Without certain conditions, such an opportunity will
not arise. But the creative process itself always falls outside the scope of legal norms.
However, when the creative process ends with a production act, the norms of civil law
come into force, regardless of its objective form, which ensures its public recognition, the
regime of the legally relevant object and the protection of the rights and legitimate
interests of its creator. The results of intellectual activity can only be the object of a legal
relationship if they are dressed in any objective form that ensures that they are perceived
by other people.
In conclusion, the idea of doing business in foreign countries by borrowing money
from intellectual property is a very good idea, I think. However, the fact that these
processes are still being tested in the experience of most countries is due to the fact that
there is a risk of this process for some time. However, based on the experience of
developed countries, if we continue to think, the effective use of promising intellectual
property by lending will lead to the growth of entrepreneurial activity. Otherwise, the bank
will be able to sell promising intellectual property in the process of debt collection without
reducing their value at auction. That is, since there is a greater chance of finding a buyer,
both parties may not be afraid in the future. In this regard, taking into account the existence
of different views in our country, I considered it appropriate to propose the establishment
of organizations that assess intellectual property in our country, and if their activities were
under state control, it would accelerate the implementation of this process in our country.
We need to contribute to the development of the whole world by responding to the
opportunities that students create today.
REFERENCES:
1.
Resolution of the President of the Republic of Uzbekistan on Intellectual Property.
2.
Civil Code of the Russian Federation.
3.
The Constitution of the Republic of Uzbekistan. Tashkent
–
“Uzbekistan” –
2019.
4.
Teacher of Intellectual Property Protection: Senior Lecturer Sokolova Alyona
Gennadyevna’s report on “Principles of protection of intellectual property rights.
Objectives and principles of legal protection of intellectual property”
.
5.
From the speeches at the conference of the World Intellectual Property
Organization on October 16-17, 2020 in Moscow, Russian Federation.
