Uzbekistan recently passed "Competition law" amendment, The amendment would be 2023 years 10 month 4 Officially come into force. Although the amendments are intended to reduce anti-competitive and unfair practices, But provisions relating to the protection of intellectual property rights are completely excluded.

Deletion of intellectual property clause

Previous versions of the law included provisions prohibiting the following:

－Selling goods that illegally use intellectual property rights, This includes the illegal use of names that are identical or easily confused with trademarks or trade names, Place it in merchandise, On the label or package, Or goods that are otherwise used for sale or put into circulation, And use it in domain names;

－By copying the design of other companies' original products, shape, name, tag, package, colour, trademark, Promotional materials or other elements, Misleading consumers with products that are similar to other companies' original products;

－Malicious registration of intellectual property.

Change of authority

Anti-monopoly Committee of Uzbekistan (AMC) It will become the Commission for the Promotion of Competition and Consumer Protection (CPCC) . with AMC The difference is that, CPCC It has no right to review and decide cases related to intellectual property rights. AMC The decision made is an important legal basis for applying to the court for the invalidation of the trademark or seeking legal action from the Intellectual Property Office of Uzbekistan against the infringer. Now it seems that, When dealing with infringements on grounds of unfair competition, There appears to be no effective statutory mechanism or government body to fall back on.

New law and "Paris Convention"

evident, Amendment with Uzbekistan accession "Paris Convention for the Protection of Industrial Property" ( "Paris Convention" ) Do not match. On the basis of "Paris Convention" The first 10 Jo Yuki 2 The first (1) paragraph, Each member of the Paris Union has an obligation to ensure effective protection against unfair competition practices. especially, Paragraph of that article 3 paragraph (i) clause, Any act that confuses competitors' goods or business activities in the course of trade shall be prohibited. The amended law no longer complies with the provisions of this article. however, This question may be addressed by reference "Constitution of Uzbekistan" and "Competition law" The amendment itself contains the principle of universality of international treaties to be resolved.

Alternative ways to protect intellectual property

Given the limitations of the amended law, The fact of infringement may still lie in the nature of the goods, Manufacturing process, peculiarity, Grounds for misleading the public in terms of use or quantity are established ( "Paris Convention" The first 10 Jo Yuki 2 The first (3) Section # (iii) item) . Such as, Conducting public surveys may help to identify confusing similarities between counterfeit and genuine products. however, In this case, Owners of intellectual property rights cannot file claims against infringers based on the intellectual property rights they own in Uzbekistan, It is based on actual evidence that the infringer misled local consumers.

conclusion

Despite these potential problems, However, Uzbekistan intends to join the World Trade Organization in the near future (WTO) , If the country joins WTO, It will have to make its laws with inclusions "Paris Convention" inward WTO All agreements remain consistent.

In addition, According to recent 2023 years 7 month 6 The day of the release of No 108 Presidential decree, Uzbekistan will adopt a new resolution specifically aimed at identifying acts of unfair competition, And use it as a guide for handling such cases. Once the resolution is adopted, The interests of intellectual property owners in Uzbekistan will be protected. (Be compiled from www. petosevic. com)

TRANSLATORS: Wang Dan　proofread: Liu Peng



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