THE USA JOURNALS
THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE07
25
https://www.theamericanjournals.com/index.php/tajpslc
PUBLISHED DATE: - 31-07-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue07-07
PAGE NO.: - 25-28
ISSUES OF ORGANIZATIONAL AND LEGAL
SUPPORT FOR THE PROTECTION OF
INTELLECTUAL PROPERTY IN
ADMINISTRATIVE COURTS
U.M. Saydakhmedov
Acting professor of Tashkent State University of Law Judge, PhD, Uzbekistan
INTRODUCTION
According to the Constitution of the Republic of
Uzbekistan, the judicial power is considered a
separate branch of the state power and ensures the
implementation of justice.
According to Article 4 of the Law "On Courts", the
main task of the courts is to protect the rights and
freedoms of citizens, state and public interests,
rights and interests of legal entities and individual
entrepreneurs.
Since intellectual property is created as a result of
the intellectual activity of citizens and legal entities,
property rights arise in relation to it, and it is one
of the objects of civil rights, it is important to
protect it through court.
In Uzbekistan, disputes related to the field of
intellectual property belong to the category of
disputes considered in courts of all instances. For
this reason, one of the urgent requirements of
today is to improve the qualifications of judges and
officials of all instance courts in the field.
Accordingly, in 2020, a special training program
was developed in cooperation with the World
Intellectual Property Organization (WIPO) to
improve the knowledge and skills of the employees
of judicial bodies dealing with disputes in the field,
and according to it, experts from the WIPO, USAID
and other international organizations will hold
relevant training sessions in 2020-2021 was
conducted.
As a result of these measures, the quality of court
proceedings is improving.
Protection of intellectual property through
administrative courts
RESEARCH ARTICLE
Open Access
Abstract
THE USA JOURNALS
THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE07
26
https://www.theamericanjournals.com/index.php/tajpslc
According to the Code of Administrative Court
Proceedings of the Republic of Uzbekistan, one of
the main tasks of administrative court proceedings
is to protect the violated or contested rights,
freedoms and legal interests of citizens and legal
entities in the field of administrative and other
public legal relations.
It is understood from this that the administrative
courts consider the disputes on complaints and
petitions against the actions (decisions) of state
bodies, citizens' self-governance bodies, as well as
the actions (decisions) of their officials arising from
public-legal relations.
According to the decision No. 15 of the Plenum of
the Supreme Court of the Republic of Uzbekistan
dated May 19, 2018 "On some issues of the
application of procedural law norms by the court of
first instance in the consideration of administrative
cases", administrative courts are subject to cases
related to disputes arising from administrative and
other public legal relations, including the following
cases shown to be:
- on disputes over departmental regulatory legal
documents of administrative bodies;
- on disputes over decisions of administrative
bodies, citizens' self-government bodies that do not
comply with legal documents and violate the rights
and interests of citizens or legal entities protected
by law;
- on disputes over actions (inaction) of officials of
administrative bodies, citizens' self-government
bodies that do not comply with legal documents
and violate the rights and interests of citizens or
legal entities protected by law;
- on disputes over actions (decisions) of election
commissions;
- on the dispute regarding the refusal to perform a
notarial act;
- on disputes over actions (inaction) of a notary
public;
- on disputes regarding refusal to register civil
status documents;
- on disputes over the actions (inaction) of the
official of the div for writing civil status
documents;
- cases of appeals against refusal of state
registration or evasion of state registration within
the specified period.
At the same time, it was noted that the following
cases do not apply to administrative court
proceedings:
- cases on disputes arising from administrative and
other public legal relations, which are determined
by the law to be applicable to the Constitutional
Court of the Republic of Uzbekistan, the court on
civil cases, the economic and military court;
- the application is submitted to invalidate the
document of an enterprise, organization,
institution that is not an administrative div, or to
find the action (inaction) of its official to be illegal,
or the application (complaint) is submitted to an
administrative div, but the action being
complained about is based on labor relations .
Therefore, in order to have a detailed
understanding of the disputes related to the
activities of administrative bodies considered in
administrative courts, first of all, it is very
important to correctly interpret the concept of
"administrative div".
The concept of "administrative div" is defined in
detail in the Law of the Republic of Uzbekistan "On
Administrative Procedures" adopted on January 8,
2018.
In accordance with Article 4 of this Law,
administrative bodies are bodies authorized to
administer administrative management in the field
of administrative-legal activity, including state
management bodies, local executive authorities,
citizens' self-government bodies, as well as other
organizations authorized to carry out these
activities and specially created commissions are
defined .
Accordingly, the Intellectual Property Agency
(Agency) under the Ministry of Justice of the
Republic of Uzbekistan is also considered an
administrative div, and disputes arising in the
process of its administrative proceedings related to
the registration of intellectual property objects will
be referred to administrative courts.
THE USA JOURNALS
THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE07
27
https://www.theamericanjournals.com/index.php/tajpslc
In general, administrative courts mainly consider
the following cases in the field of intellectual
property:
- Disputes related to the cancellation of decisions of
the Ministry in the processes related to the state
registration of intellectual property objects;
- Disputes regarding the expiry of the period of
validity of the objects of intellectual property and
their use (certificate or patent) previously
registered by the Ministry and declaring them
invalid;
- Disputes related to appeals against the decision
made by the Appeal Board of the Ministry;
- Disputes related to the imposition of fines on legal
entities for violation of the Ministry's legislation in
the field of intellectual property.
At this point, if we talk directly about the processes
of consideration of disputes related to the field of
intellectual property by administrative courts, it
should be noted that the lack of sufficient
knowledge and skills of the judges in conducting
relevant court cases leads to the correct resolution
of the dispute and the prolongation of its
consideration periods.
by the administrative div to refuse the
registration of intellectual property objects, to find
the relevant protection document invalid or to
terminate its validity period, later these decisions
lead to cancellation in administrative courts. One of
the main reasons for this is the insufficient
understanding of the requirements of international
agreements and national legislation in the field,
and misinterpretation of their norms.
It should be noted that until 2021, administrative
courts will also consider cases of administrative
offenses. Decree No. PF-6034 of the President of
the Republic of Uzbekistan dated July 24, 2020
"On additional measures to further improve the
operation of courts and increase the efficiency of
justice" and the Decree of the Republic of
Uzbekistan "In connection with the improvement
of the Institute for Review of Court Decisions"
adopted on January 12, 2021 In accordance with
the Law "On Amendments and Additions to the
Code of Administrative Responsibility" starting
from January 1, 2021, cases related to
administrative offenses were reviewed in criminal
courts.
Until the introduction of this new procedure, the
Agency, the Anti-Monopoly Committee, the State
Tax Committee, the State Inspectorate for Control
in the field of Information and Telecommunications
and the Department for Combating Economic
Crimes in accordance with Articles 177, 177 1 , 177
2 and 178 of the Code of Administrative
Responsibility of the Republic of Uzbekistan
formalized administrative case materials were
submitted to administrative courts for review.
For information, 36 administrative case files were
submitted to administrative courts by the Agency
alone in 2020, and 18 persons were brought to
administrative responsibility based on the relevant
decisions of the courts.
Problems and solutions
The conducted analyzes showed that there are the
following problems to be solved in the protection
of intellectual property through the administrative
court:
1) judges of administrative courts do not have
sufficient knowledge and experience to properly
resolve administrative disputes in the field of
intellectual property;
Therefore, it is necessary to organize appropriate
seminars and trainings for the officials of
administrative courts on the consideration of
disputes in the field of intellectual property and to
develop
appropriate
methodological
recommendations for their use in their activities.
2) there is no uniform approach and practice of
uniform application of the norms of legal
documents for effective resolution of disputes in
the field of intellectual property by administrative
courts;
Based on this, it is necessary to adopt the decision
of the Plenum of the Supreme Court in order to
uniformly apply the legal norms in the field of
intellectual property by all courts of instance.
3) as a result of litigation by citizens and legal
entities in court to protect their rights, the
workload of administrative courts is increasing day
THE USA JOURNALS
THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE07
28
https://www.theamericanjournals.com/index.php/tajpslc
by day, and this primarily causes citizens and legal
entities to spend excessive time and incur financial
costs;
For this reason, it is necessary to widely implement
the procedures for the pre-trial settlement of these
types of disputes, including the study of the
inclusion of the institution of mediation in these
processes.
REFERENCES
1.
Law "On Courts". National database of
legislative information, 07/29/2021, No.
03/21/703/0723
2.
Decision No. 15 of the Plenum of the Supreme
Court of the Republic of Uzbekistan dated May
19, 2018 "On some issues of application of
procedural law norms by the court of first
instance in handling administrative cases".
https://lex.uz/docs/3761216
3.
Administrative procedures about". Law .
National database of legal documents,
09.01.2018, No. 03/18/457/0525;
