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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of July 1, 2003 No. 298

About approval of the Regulations on patent agents

(as amended on 28-01-2021)

According to the laws of the Republic of Uzbekistan "About inventions, useful models and industrial designs", "About selection achievements", "About legal protection of topology of integrated chips" and "About trademarks, service marks and names of places of goods origins" the Cabinet of Ministers decides:

1. Approve:

Regulations on patent agents according to appendix No. 2.

2. ceased to be valid the resolution of the RUZ Cabinet of Ministers of 20.04.2006 No. 65

3. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Karamatov H. S.

 

Prime Minister of the Republic of Uzbekistan

U. Sultanov

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 1, 2003 No. 298

Regulations on Appeal council of the Agency on intellectual
property of the Republic of Uzbekistan

Voided according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 09.10.2019 No. 856

Appendix No. 2

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 1, 2003 No. 298

Regulations on patent agents

I. General provisions

1. This Provision determines the legal basis of activities of patent agents in the territory of the Republic of Uzbekistan.

2. In this Provision the following basic concepts are used:

the candidate for patent agents (candidate) - the physical person who showed willingness to perform activities as the patent agent;

the patent agent - physical person which according to requirements of this provision is granted the right to representation on behalf of legal entities or physical persons before the Agency on intellectual property under the Ministry of Justice of the Republic of Uzbekistan (further - the Agency) and other organizations for obtaining and implementation of legal protection of intellectual property items.

3. Physical persons have the right to perform activities as patent agents after passing of certification and registration in the Agency. As patent agents the citizens of the Republic of Uzbekistan who are constantly living in the territory of the Republic of Uzbekistan can be certified and registered.

4. The qualification requirements imposed to patent agents are:

availability of the higher education;

availability of knowledge in the field of the legislation of the Republic of Uzbekistan, international treaties of the Republic of Uzbekistan necessary for implementation of activities for protection and protection of the rights to intellectual property items, in the amount determined by the Agency, confirmed with results of qualification examination.

5. As patent agents employees of the Agency and the organizations subordinated to it cannot be certified and registered.

6. The patent agent can perform the professional activity as independently, as the individual entrepreneur, and working on hiring. The patent agent working on hiring shall provide to Patent authority of the data on this work. The patent agent shall report about all related changes in the Agency in a month. The patent authority publishes the specified data in the statement and posts them on the official website.

6-1. Preparation, retraining and advanced training of patent agents are performed for the purpose of ensuring preparation of professional personnel, deepening and updating of their theoretical and practical knowledge in the field of legal protection and protection of intellectual property items, compliance of their professional training to modern requirements.

6-2. Training of specialists in the sphere of intellectual property, including patent agents, irrespective of their basic higher education is performed at the Tashkent state legal university in the direction of magistracy in "Intellectual property right".

6-3. Retraining and advanced training of specialists in the sphere of intellectual property, including patent agents, are performed by Training center of lawyers under the Ministry of Justice of the Republic of Uzbekistan (further - the Center).

Duration of training at rates of retraining constitutes six months.

Advanced training of patent agents is performed at least once in five years with the subsequent carrying out certification.

The diploma is issued to the patent agents who completed retraining course.

The patent agent who underwent advanced training issues the certificate.

Retraining and advanced training of patent agents are performed on paid basis by the conclusion of the contract between the Center and the patent agent.

The procedure for passing of rates of retraining and advanced training by patent agents is determined by the Ministry of Justice of the Republic of Uzbekistan according to requirements of this provision.

II. Certification and registration of the candidate and certification of the patent agent

7. Certification and registration of the candidate, and also certification of patent agents is performed by Patent authority according to rules of carrying out certification and registration of patent agents which are established by the Ministry of Justice of the Republic of Uzbekistan.

8. Certification of the candidate is carried out for the purpose of determination of compliance of the physical person who showed willingness to perform activities as the patent agent, to the qualification requirements imposed to patent agents.

Certification is carried out by holding qualification examination.

Process of qualification examination is fixed on audio and video, and also broadcast in real time on the official website of the Agency.

8-1. Certification of the patent agent is carried out for the purpose of objective assessment of level of professional competence of patent agents.

Certification of patent agents is carried out at least once in five years.

9. For carrying out certification of candidates and patent agents by the Agency the qualification and appeal commissions are created.

The commissions the most skilled and experienced workers of the Agency, and also independent scientists and specialists are included.

The qualification commission approves questions of qualification examination, holds qualification examination and makes decisions on certification of the candidate or the patent agent.

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