of April 26, 2022 No. PP-221
About additional measures for further development of the sphere of intellectual property
In the country consecutive measures for enhancement of mechanisms of implementation of results of intellectual activities and innovations in economy industry, to creation of regional brands, the prevention of realization of counterfeit products, providing reliable legal protection of intellectual property are performed.
Along with it there is urgent number of questions in such directions as legal protection of intellectual property items, timely taking measures to the offenses made in the sphere, increase in material interest of authors and other creative specialists, and also protection of the rights of the foreign companies to intellectual property.
For the purpose of reliable protection of intellectual property, further enhancement of public administration in the sphere of intellectual property, increase in investment appeal of the country and effective fight against counterfeit products, and also execution of the tasks determined in the Strategy of development for New Uzbekistan for 2022 - 2026:
1. Take into consideration that according to the Presidential decree of the Republic of Uzbekistan of March 17, 2022 the No. UP-89 "About Measures for Further Increase in Efficiency of Activities of Bodies and Organizations of Justice in Providing the Rights and Freedoms of Citizens, and also in Rendering Legal Services" Agency on intellectual property and its territorial centers are attached to the Ministry of Justice with transfer of tasks, functions and powers.
2. Determine that:
a) State Customs Committee:
in case of identification of violation of requirements of the legislation on the trademarks belonging to the owners included in the Customs register of intellectual property items (further - the Register), the notification directs about it;
carries out among participants of foreign economic activity propaganda activities about respect for intellectual property rights;
b) the following state bodies exercise control in the field of technical regulation of protection of intellectual property rights, and also behind strict observance of requirements of acts of the legislation in the sphere of intellectual property:
Technical regulation agency - in certification process of products, issue of certificates and marks of conformity;
Agency on development of pharmaceutical industry - in the course of state registration of medicines, products of medical appointment and medical equipment.
3. Establish procedure according to which since August 1, 2022 studying and in the following processes are performed with use of "The portal of protection of industrial property" of the Ministry of Justice:
a) studying and check of the rights to intellectual property items (the trademark, geographical specifying, the name of the place of goods origin and industrial design) in the name, the packaging and other details made, sold in the republic of products in the course of its certification by the bodies which are engaged in certification;
b) studying and (or) check of observance of the rights to intellectual property items (the trademark and industrial design) which are carried out by the working body of the Agency on development of pharmaceutical industry performing state registration, quality control, standardization and certification of medicines, products of medical appointment and medical equipment in the course of state registration of medicines, products of medical appointment and medical equipment and issue of the registration certificate.
To provide to the Ministry of Justice till June 1, 2022 connection to "The portal of protection of industrial property the" of all bodies which are engaged in certification, on a grant basis.
4. Determine that since September 1, 2022:
a) the procedure for sending and reception of applications about inclusion in the Register of intellectual property items electronically, online trackings of stages of consideration of the applications and the notification of applicants on the made decisions by means of the Customs information system "Single Window" takes root;
b) customs authorities are granted the right to perform protection of legitimate interests of owners of the intellectual property items included in the Register in the following procedure:
in case of identification in the course of customs control and registration on customs posts of foreign economic activity of goods with signs of violation of intellectual property rights - the direction of the notification on this fact confirmed with the digital signature on personal office of the owner in the Customs information system "Single Window" within one working day;
in case of receipt from owners of the statement in the corresponding form within one working day from the moment of the direction of the notification - taking measures to protection of their rights according to the procedure, established by the legislation. At the same time in case of not receipt in customs authorities during the specified statement term in the corresponding form from owners goods are passed in accordance with the established procedure;
identification of signs of violation of intellectual property rights by results of system operation of risk management in case of customs clearance of goods using the forms of customs control, except as specified, revealed during operational search customs authorities of activities;
c) in case of the address of the owners included in the Register to customs authorities with the statement for taking measures to protection of their rights to intellectual property items reclamation at them of the data promoting disclosure of expected offense including about the producer, the possible location of goods and date of its movement through customs border, features of transportation and type of packaging, the location of goods or the planned destination is forbidden.
In three-months time to provide to the State Customs Committee entering into the Cabinet of Ministers of the bill on the changes and amendments into the Customs code of the Republic of Uzbekistan following from this Item.
5. To the Ministry of Justice for the purpose of creating favorable conditions for purchase and sale of intellectual property items till January 1, 2023 to develop and start special Internet and auction trade platform "The intellectual property for all", providing:
data on the intellectual property items exposed on biddings;
starting sales price of the intellectual property items exposed on biddings;
data on the signed license agreements and others.
6. The state inspectorate for control in the sphere of informatization and telecommunications together with the Ministry of development of information technologies and communications till October 1, 2022 to develop and start the information system "The Register of Offences in the Sphere of Copyright and Related Rights" (further - the Register of offenses) containing information on the websites which violated copyright and related rights on the Internet by fund of development of information and communication technologies.
Determine that in case of confirmation in accordance with the established procedure of systematic violation by websites of copyright and related rights the State inspectorate for control in the sphere of informatization and telecommunications enters data on the specified websites in the Register of offenses - based on the conclusion of the Ministry of Justice, the Ministry of development of information technologies and communications limits according to the legislation activities of these websites before the termination of the actions violating copyright and related rights - based on the instruction of the State inspection.
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