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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of July 1, 2019 No. PP-4380

About measures for the organization of activities of the Agency for intellectual property under the Ministry of Justice of the Republic of Uzbekistan

In the country reforms in the field of intellectual property, including on enhancement of system of public administration in this sphere are consistently performed.

According to the resolution of the President of the Republic of Uzbekistan of February 8, 2019 "About measures for enhancement of public administration in the sphere of intellectual property" the Agency on intellectual property is transferred to No. PP-4168 to system of the Ministry of Justice of the Republic of Uzbekistan in connection with recognition of its unsatisfactory activities for legal protection of intellectual property and implementation of the universally international standards.

For the purpose of further realization of the reforms undertaken in the country on enhancement of system of public administration in the sphere of intellectual property, increase in investment appeal of the country, and also taking into account the tasks determined by the Strategy of actions by five priority directions of development of the Republic of Uzbekistan in 2017 - 2021:

1. Approve updated structure of executive office of the Agency on intellectual property under the Ministry of Justice of the Republic of Uzbekistan (further - the Agency) with extreme number of managerial personnel in number of 61 units according to appendix No. 1.

Grant to the Minister of Justice of the Republic of Uzbekistan the right to make changes to structure of executive office of the Agency within the established extreme number of workers, and also to enter, if necessary, additional established posts by extrabudgetary funds of the Ministry of Justice of the Republic of Uzbekistan (further - the Ministry of Justice) and the Agencies.

2. Determine the main objectives of the Agency:

ensuring realization of single state policy in the field of intellectual property, provision of legal protection to inventions, useful models, industrial designs, trademarks and other intellectual property items;

implementation of the complex analysis of condition of legal protection of intellectual property items, development of specific proposals on development of this sphere;

implementation of measures for ensuring consecutive and uniform law-enforcement practice in the sphere of intellectual property;

adjustment and strengthening of international legal cooperation concerning intellectual property, including by the conclusion of international treaties on mutual protection of the rights to intellectual property items;

participation in carrying out research and other works in the sphere of intellectual property;

increase in legal culture and forming in the society of respect for intellectual property.

3. Determine that:

a) The agency is:

the authorized body of public administration performing single state policy in the field of protection and protection of the rights to intellectual property items;

the legal successor under agreements and obligations of the Agency on intellectual property of the Republic of Uzbekistan;

b) the common directorship and control of activities of the Agency, strengthening of material and technical resources and the organization of advanced training of employees of the Agency are performed by the Ministry of Justice;

c) 20 percent of means of patent fees and payments arriving from legal entities and physical persons - nonresidents of the Republic of Uzbekistan, 80 percent of means of patent fees and payments arriving from legal entities and physical persons - residents of the Republic of Uzbekistan, payment for registration of programs for electronic computers and databases, the amounts of the administrative penalties applied for administrative offenses in the sphere of intellectual property and also the means arriving from rendering paid services according to the legislation are enlisted in accordance with the established procedure in off-budget fund of the Agency;

d) funds of off-budget fund of the Agency are allocated for content, forming and strengthening of its material and technical resources, compensation, material stimulation and social protection of employees of the Agency, and also other purposes according to the legislation based on expense budgets and staff lists approved by the Agency and registered in the procedure established by the legislation.

4. To the Ministry of Justice:

a) in a month together with the Ministry of Finance to introduce to the Cabinet of Ministers of the Republic of Uzbekistan the draft of the government decision providing determination of procedure for use of means of off-budget fund of the Agency and procedure for the direction of the means arriving in accordance with the established procedure from patent fees and payments of legal entities and physical persons - residents and nonresidents of the Republic of Uzbekistan;

b) in two weeks to provide:

opening of the corresponding bank and treasurer personal accounts for separate accounting of receipt of funds specified in the subitem "v" of Item 3 of this resolution;

transfer to personal account of off-budget fund of the Agency of remaining balance of the means which are on treasurer personal account of the Agency;

c) in two-month time to provide completion of the Agency by the fair, respectable and qualified personnel having profound knowledge and practical experience of work in the sphere of intellectual property by carrying out employee assessment of the Agency in accordance with the established procedure.

5. Determine the main sources of financing of activities of the Agency of means of the Government budget of the Republic of Uzbekistan, the extrabudgetary funds of the Ministry of Justice and Agency created in the procedure established by the legislation and also other sources which are not forbidden by the legislation.

6. Grant to the Agency the right:

perform action research of state bodies, companies, organizations and other organizations regarding observance of requirements of the legislation in the sphere of intellectual property;

bring to heads of state bodies, companies, organizations and organizations ideas of elimination, obligatory for consideration, of the revealed violations, the reasons and conditions promoting them;

to announce in writing to officials of caution inadmissibility of violation of the law in the sphere of intellectual property;

apply to officials of state bodies, the companies, organizations and other organizations administrative punishments for violation of the law in the sphere of intellectual property;

in coordination with the Cabinet of Ministers of the Republic of Uzbekistan to attract as employees and consultants of qualified foreign specialists with establishment by it, according to the procedure of exception, the salary and other payments in foreign currency by extrabudgetary funds of the Agency.

7. Assign the following additional tasks to territorial subdivisions of the Ministry of Justice:

rendering consulting and practical assistance to the companies, organizations and organizations for ensuring legal protection of intellectual property items;

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