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LAW OF THE REPUBLIC OF UZBEKISTAN

of March 3, 2022 No. ZRU-757

About geographical instructions

Accepted by Legislative house on December 21, 2021

Approved by the Senate on February 3, 2022

Chapter 1. General provisions

Article 1. Purpose and coverage of this Law

The purpose of this Law is regulation of the relations in the field of legal protection and use of geographical instructions.

Operation of this Law does not extend to the relations in the field of legal protection and use of names of places of goods origin.

Article 2. Legislation on geographical instructions

The legislation on geographical instructions consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about geographical instructions then are applied rules of the international treaty.

Article 3. Concept of geographical specifying

Geographical specifying designation which identifies goods as occurring from the territory of certain geographical object where quality, the reputation or other characteristics of goods (further - characteristics of goods) substantially depend on its geographical origin is recognized. In the territory of this geographical object one of goods production stages having significant effect on forming of characteristics of goods shall be performed at least.

Article 4. Legal protection of geographical instructions

Legal protection of geographical instructions is provided based on its registration according to the procedure, established by this Law, and also owing to international treaties of the Republic of Uzbekistan.

Protection of foreign geographical instructions in the territory of the Republic of Uzbekistan is performed only if protection in the country of its origin is provided to the corresponding designation.

Article 5. Right to use by geographical specifying

Person which registered geographical specifying acquires right to use it if this person makes goods, certain quality, the reputation or other characteristics of which substantially depend on its geographical origin.

Right to use by the geographical specifying registered according to the procedure, established by this Law, can be provided also to other legal entity or physical person which is in the same geographical object and making goods with the same characteristics.

Article 6. Authorized state body in the field of legal protection of geographical instructions

Authorized state body in the field of legal protection of geographical instructions is the Agency on intellectual property under the Ministry of Justice of the Republic of Uzbekistan (further - the Agency).

Agency:

participates in forming and realization of single state policy in the field of legal protection and use of geographical instructions;

takes cognizance of requests for registration of geographical instructions and right to use by geographical specifying, carries out according to them state examination;

performs registration of geographical instructions and right to use by geographical specifying;

keeps the State register of geographical instructions (further - the register);

grants certificates on right to use by geographical specifying;

publishes official data on registration of geographical specifying and provision of right to use by geographical specifying;

performs also other powers according to the legislation.

Chapter 2. Registration of geographical specifying

Article 7. Conditions of registration of geographical specifying

Geographical specifying can be registered according to the request of several legal entities or physical persons (in exceptional cases one person if others are not available, or they will not show willingness to participate in application) which are in this geographical object which name is used for designation of the goods made by them.

The application for registration of geographical specifying can be submitted also:

the non-state non-profit organization created in the form of consolidation authorized to represent the interests of the legal and (or) physical persons specified in part one of this Article (further - consolidation);

executive body on the place in the territory of which there is the corresponding geographical object.

Article 8. Application for registration of geographical specifying or right to use by geographical specifying

The request for registration of geographical specifying or right to use by geographical specifying (further - the application) is submitted by legal entity or physical person (further - the applicant) directly either his patent agent or the authorized representative through the state information systems.

Date of application is established on receipt date of the request in the Agency.

After application the Agency within one working day from the moment of receipt of the request posts the information about her on the official website.

Article 9. Transformation of the request for the name of the place of goods origin and the registered name of the place of goods origin to geographical specifying

The applicant has the right to transform the request for the name of the place of goods origin to the request for geographical specifying before decision making by results of examination.

The registered name of the place of goods origin can be transformed to geographical instruction for the statement of the owner (owners) of the certificate on right to use by the name of the place of goods origin.

Business management in connection with transformation of the name of the place of goods origin to geographical specifying can be performed by the owner (owners) of the certificate on right to use by the name of the place of goods origin independently, through the patent agent or through the authorized representative.

Article 10. Representation through patent agents

The physical persons who are constantly living outside the Republic of Uzbekistan and foreign legal entities run business on registration of geographical instructions and issue of the certificate on right to use by geographical specifying, and also perform the related legally significant actions through the patent agents registered in the Agency.

Powers of the patent agent make sure the power of attorney.

The physical persons who are constantly living in the Republic of Uzbekistan, but temporarily being beyond its limits can run business on registration of geographical instructions and issue of the certificate on right to use by geographical specifying and other related legally significant actions without patent agent when specifying the address for correspondence within the Republic of Uzbekistan.

Article 11. Requirements to the request

The request shall belong to one geographical specifying.

The request shall contain:

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