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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

(as amended on 17-03-2022)

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. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 17.03.2022 No. UP-89

2. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 17.03.2022 No. UP-89

3. Determine that:

a) ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 17.03.2022 No. UP-89

b) ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 17.03.2022 No. UP-89

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 Fund of development of intellectual property of the Ministry of Justice;

d) ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 17.03.2022 No. UP-89

4. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 17.03.2022 No. UP-89

5. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 17.03.2022 No. UP-89

6. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 17.03.2022 No. UP-89

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;

taking measures to ensuring legal protection of intellectual property items, protection of the rights of authors and other owners, including by rendering assistance to authorized state bodies in fight against production, release and realization of counterfeit products;

ensuring consecutive and uniform law-enforcement practice in activities of bodies of the public and economic board, public authorities on places in the field of regulation of intellectual property;

the organization and holding educational actions for increase in legal culture of the population in the field of protection of intellectual property.

8. Approve offers of the Ministry of Justice:

about renaming of the State unitary enterprise "Training Center on Retraining and Advanced Training of Personnel in the Sphere of Intellectual Property" into the State unitary enterprise "Advice Centre of Intellectual Property under the Agency of Intellectual Property under the Ministry of Justice of the Republic of Uzbekistan";

about opening, since 2019/2020 academic years, at the Tashkent state legal university of the new direction of magistracy in "Intellectual property right", having assigned to it task on training of specialists in the sphere of intellectual property, irrespective of their basic higher education;

about assignment on Training center of lawyers under the Ministry of Justice of the Republic of Uzbekistan of additional task on advanced training of personnel in the sphere of intellectual property, including on paid basis.

9. Determine that:

a) under the Ministry of Justice Appeal council for pre-judicial consideration of the appeals connected with legal protection of intellectual property items which chairman is the Minister of Justice of the Republic of Uzbekistan is formed;

independent scientists and specialists in the field of intellectual property are part of Appeal council;

the number of persons employed of the Ministry of Justice as a part of Appeal council shall not exceed thirty percent from total number of members of Appeal council;

b) the trademark and service mark (further - the trademark) are recognized well-known the Republic of Uzbekistan in case of compliance to the following criteria:

recognition by the actual persons and (or) potential consumers of the Republic of Uzbekistan of that type of goods and (or) services to which the trademark is applied or persons participating in providing distribution channels of that type of goods and (or) services to which the trademark is applied or the business community concerning those types of goods and (or) services to which the trademark is applied and at the same time idea of the quality level of goods it shall be connected with the trademark in the country;

the high distinctive capability inherent initially, or acquired as a result of intensive use;

wide use and advertizing of the trademark in the territory of the Republic of Uzbekistan, including in system of domain names of national segment of the Internet;

commercial value as a result of long-term and intensive use in the republic.

c) By appeal council in case of decision along with the above-stated criteria the additional criteria according to international standards in this area, including acts of World Intellectual Property Organization which are not reflected in this resolution can be considered.

10. Donate to the Ministry of Justice on the basis of the right of operational management the building, at the address: city of Tashkent, Prospekt Mustakillik, 59.

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