THE USA JOURNALS
THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE08
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PUBLISHED DATE: - 14-08-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue08-04
PROTECTION OF INTELLECTUAL PROPERTY
OBJECTS IN ECONOMIC COURTS: THEORY
AND PRACTICE
Judge Umid M. Saydakhmedov
PhD, Acting professor of Tashkent State University of Law, Uzbekistan
INTRODUCTION
In recent years, consistent work has been carried
out in our country to further improve the legal
system, to strengthen measures to reliably protect
the rights and legal interests of individuals and
legal entities, to provide effective justice and to
increase the role of the community of judges. In
recent years, more than 60 laws, decrees and
decisions have been adopted regarding the priority
issues of judicial reform.
Guaranteeing the protection of human rights,
increasing the standard of living of the population,
ensuring freedom in economic activity, and
improving the material and procedural norms in
the judicial and legal sphere have led to an increase
in the indicators of our country in international
ratings and indexes. Article 1 of the Civil Code of the
Republic of Uzbekistan states that civil legislation
is based on the need to ensure the unhindered
implementation of civil rights and legal interests,
the restoration of violated rights, and their
protection through court. In the system of civil
rights, it can be said that the rights and legal
interests in respect of intellectual property objects
have emerged recently compared to the traditional
civil rights, property rights, liability rights, and
delict obligations. In the national legal system,
special laws have been adopted on each object of
intellectual property. The types of rights of various
subjects and their content were summarized in
them. However, it should be recognized that the
owners of intellectual property rights themselves
have not yet fully understood the content of these
rights and the ability to use them effectively. Not to
mention the legal awareness and culture of other
actors involved in the use of intellectual property
objects in this area. However, despite this, it should
RESEARCH ARTICLE
Open Access
Abstract
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be recognized that the situation is seriously
improving. A certain revival is felt in this area, both
in law enforcement practice and in judicial
practice. If we take into account that intellectual
property is the main driving force in our social and
spiritual life and economic development, we should
take serious and systematic measures in this area.
Among these systematic activities, the formation of
effective practices and skills of legal protection
through court in relation to intellectual property
objects occupies a central place. In this field, any
mistakes and disputes regarding self-protection,
administrative protection, and non-judicial
protection of one's rights can be resolved only in
the judicial protection system.
In particular, the specific features of the intellectual
and creative activities that create them, are
important in the formation of an effective system of
judicial protection.
Our country has an institutional system of pre-trial
and non-trial settlement of disputes for the
protection of rights and legal interests. These
include, for example, settlement based on a
request, settlement of disputes through mediation,
arbitration courts and international commercial
arbitration courts.
The best way to protect rights is through court. In
this case, the rights and legal interests of the
owners of intellectual property are protected
through administrative, civil, economic, criminal,
and constitutional courts. In general, in the
implementation of any protection, two legal bases
are relied on.
A) material legal basis.
B) procedural legal basis.
At this point, it is worth noting that the substantive
legal basis is the basis of any protection. The
system of substantive legal frameworks is the
Constitution of the Republic of Uzbekistan, the Civil
Code, the Labor Code and special laws, i.e. "On
Copyright and Related Rights", "On Inventions,
Utility Models and Industrial Samples", "On
Programs and Databases for Electronic Computing
Machines", " On Selection Achievements", "On
Topologies of Integrated Circuits", "On Company
Names", "On Trademarks, Service Marks, Right to
the Place of Origin", "On Geographical Indications"
and other legislation. These laws emdiv the legal
regime of intellectual property objects, the grounds
for the creation of rights, the types and content of
rights, the grounds and forms of liability for their
violation.
Procedural legal bases define the organization and
implementation of the court process, the legal
status of the participants in the process, and the
procedure for making decisions by the court. In
cases where the court process participants and the
court follow certain formal rules, they will have the
opportunity to protect the violated rights by
applying material norms, and to apply appropriate
legal and fair measures against the offenders.
Procedural legislation stipulates that the disputes
regarding the violation of the property rights to the
objects of intellectual activity and to the means,
goods, works and services reflecting the private
signs of the participants of the civil transaction
shall be resolved by the economic court.
Protection of exclusive rights to results of
intellectual activity and means of individualization
is carried out in an administrative or judicial
procedure, depending on the nature of the dispute.
That is, there are two forms of protection of
intellectual property rights, the first of which is the
participation of state authorities in the protection
of these rights, and the second is the court.
The judicial procedure for resolving disputes is the
most democratic and perfect form of protection of
subjective rights, because only the judicial process
fully ensures the equality of the parties and the
independence of the div considering the case.
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The specificity of relations related to the protection
of intellectual property objects requires a complex
of special legal and technical knowledge to ensure
the correct and fair resolution of this type of
disputes, and this creates the need for special legal
training of judges.
In other words, litigation related to intellectual
property is laborious, time-consuming and
requires special knowledge, therefore, to ensure
that such issues are considered at a high
professional level, appropriate specialization of
both judges and persons involved in the case is
necessary.
Legal protection of intellectual property objects
occurs as a result of their creation or as a result of
being granted legal protection by an authorized
state div in the cases and procedure provided for
by law.
At this point, the procedural norm for the
protection of intellectual property rights in
economic courts is provided for in Article 26 of the
Economic Procedural Code of the Republic of
Uzbekistan, according to which the category of
disputes resolved by the economic court includes
objects of intellectual activity and tools, goods,
works reflecting the private signs of participants in
civil transactions. and disputes regarding
infringement of proprietary rights to the Services.
From the content of this norm, regardless of the
composition of the persons participating in the
case, disputes related to means of individualization
should be considered in economic courts. Such
disputes, in particular, do not include disputes
related to the application of legislation on the
protection of consumer rights, inheritance and the
division of marital property.
In accordance with Article 1032 of the Civil Code of
the Republic of Uzbekistan, legal protection of
intellectual property objects occurs as a result of
their creation by the authorized state div.
Violation of the absolute rights of the participants
of the civil transaction in relation to personalizing
means is considered as a basis for civil legal
liability, and these cases are defined in special
legislation. Professor A.P. Sergeev said that the
right to the name of the place of origin of goods
does not acquire absoluteness. Therefore, it cannot
belong to one or more persons. The right to use the
names of the place of origin of the goods, like the
exclusive right to the trademark, cannot be
transferred to another person under a license
agreement.
According to the Law of the Republic of Uzbekistan
"On Company Names", the illegal use of a company
name is recognized as a violation of the exclusive
right to a company name. Unlawful use of the
company name means the representation of the
company name on counterfeit goods, labels,
containers and packaging. For example, if the
brand name "NIKE" is printed on counterfeit sports
suits and a product is developed, or if the label of
the company "Nestle" is affixed to the packaged
dairy products, such cases are considered a
violation of the exclusive rights to the brand name
if they are carried out without the consent of the
owner of the exclusive right to the brand name.
In the Civil Code of the Republic of Uzbekistan,
means of personalization are equated with the
results of intellectual activity, and the rights of a
person in relation to it are considered as absolute
rights.
M.V.Osipov, who researched the uniqueness of this
institute, includes advertising among the goods,
works and services that are means of
personalization. Researcher D.A.Ogay admits that
advertising cannot be viewed as a means of
personalization and states that, unlike other means
of personalization, advertising cannot be an object
of absolute right.
Advertising, by its social nature, serves as a means
of popularizing the same product, work or service
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to the consumer through these and other means of
personalization, such as a trademark, a service
mark.
Professor O.Okyulov also touched on the
uniqueness of personalization tools, and these
tools do not have to be the product of creative
activity, be new, original (unique), and the most
important thing is that they should not repeat other
similar tools, they should not be exactly the same,
and therefore they should not mislead others about
the owner of the mark, and should not give wrong
information.
The absolute right of a person has the possibility to
enter into a civil-legal relationship through a
personalized tool, to carry out activities related to
the production of goods, performance of work and
earning income in service relations.
According to Article 1034 of the Civil Code of the
Republic of Uzbekistan, the owner of property
rights to the results of a person's intellectual
activity or a means of reflecting private signs has
the right to use this object of intellectual property
in any form and in any way. The owner of the
absolute right has the right to use the means of
personalization in any way, in particular, to present
the trademark to other persons for the production
of goods through a license agreement.
The increase in the number of disputes related to
the protection of intellectual property rights
requires the formation of a uniform judicial
practice in the protection of intellectual property
rights in the field of business.
Protection of intellectual property objects in court
is provided by studying court practice,
summarizing, preparing proposals for legislation
and other regulatory legal documents, and
analyzing court statistics.
When assigning the protection of intellectual
property objects in court, it is necessary to solve
the following organizational and legal issues:
First, the question of the qualifications of the
judges. In the protection of intellectual property,
the court corps should be formed based on the
tasks assigned to it. In addition to the requirements
established by the legislation, a judge must have
certain skills in the field of intellectual property.
Improvement of legislation on intellectual
property, introduction of new objects requires
special knowledge in this field. Taking into account
that no evidence has a pre-determined force for the
court, the involvement of persons assisting justice
in the court - specialists and experts, the
admissibility of the conclusions and explanations
given by them, requires sufficient qualification of
the judge.
For this reason, it is necessary to define as a special
criterion that a judge should undergo special
training and have completed professional
development courses to handle cases in the field of
intellectual property. The need for this is explained
by the fact that the judge can put qualified
questions to the specialist or expert without any
difficulties and has the ability to objectively
evaluate the conclusions presented by them.
The presence of special knowledge of judges in the
field of intellectual property allows to assess the
technical aspects of ensuring legal protection of
intellectual property objects. For example, it is
necessary to have technical or other natural
knowledge to assess the novelty, inventive step,
and industrial applicability of an object designated
as an invention.
The Republic of Uzbekistan, adopted on January 24,
2018, may not form a single and correct opinion for
a judge who does not have special knowledge.
Secondly, for the purpose of protecting
intellectual property rights in the field of
entrepreneurship, in order to form a unified
judicial practice, it is necessary to receive
scientifically based explanations and conclusions
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and recommendations of the Scientific Advisory
Council at the Supreme Court regarding the
application of international agreements, laws and
other regulatory legal documents.
It will be possible to prepare proposals aimed at
improving the legislation in the field of intellectual
property protection while solving the problems
that have arisen in judicial practice.
Thirdly, the method of resolving disputes arising in
the process of intellectual property protection with
the help of a mediator based on their voluntary
consent in order for the parties to reach a mutually
acceptable decision - the absence of a professional
subject composition of the use of mediation, leads
to the settlement of disputes in this area only by the
court.
It is appropriate to pay attention to the formation
of professional mediators in this field in order to
ensure that conflicts in the field of intellectual
property in the economic procedural legislation
are resolved based on the rules of procedure.
In our opinion, the use of alternative methods of
pre-trial dispute resolution in this area is an
effective mechanism for resolving the issue
between the parties.
Fourth, it requires increasing the level of legal
protection
by
economic
courts
in
the
implementation of their tasks in the field of
intellectual property protection. For this, it is
necessary to create a procedural mechanism for
reviewing cases of this category in a collegial
structure.
Fifth, there are no mechanisms for applying
uniform procedural methods through the analysis
of judicial practice on disputes arising in the field of
intellectual property. For this reason, it is
necessary to prepare a training manual entitled
"Protection of intellectual property in economic
courts" for judges and candidates for the position
of judges in order to develop their skills regarding
the specific features of handling disputes related to
intellectual property.
In addition, the legal framework and system of
intellectual property rights is very complex and
requires special knowledge. From this except
intellectual property from the right efficient use as
a result economic of profit understanding level
increase resulting intellectual property with
depends of disputes in court solution to do directed
appeals the number to increase take is coming
Therefore, this complicated task solution reach for
is available the situation take looking after it's fair
trial done increasing judicial corps representatives
this in the field enough to qualification have that
they are not to see because it is possible study in
programs intellectual property to them to the right
about basic education to give in the process
attention not directed.
That's it according to the judge to the position
candidates and judges’ intellectual
property in the
field special from preparation transitions fair trial
good quality done increase from the factors one is
considered
Judicial Corps representatives of intellectual
property system, legislation they know society
interests and development issues in consideration
received without disputes solution reach to the
skill have will be intellectual property about
legislation must level not knowing and intellectual
property about disputes in court efficient solution
to do obstacle divisor reason to be can.
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".
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https://lex.uz/docs/3761216
3.
Administrative procedures about". Law .
National database of legal documents,
09.01.2018, No. 03/18/457/0525;
4.
Civil Code of the Republic of Uzbekistan //
National database of legislation of the Republic
of Uzbekistan // https://lex.uz/docs/111181
5.
Artamonova E.M. Ph.D., Associate Professor,
Department of Judicial Power and Organization
of Justice, Faculty of Law, National Research
University Higher School of Economics //
Specialized court for intellectual rights in the
arbitration
court
system
//
https://www.hse.ru/pubs/share/direct/docu
ment/69372829
