of May 6, 1994 No. 1062-XII
About inventions, useful models and industrial designs
The purpose of this Law is regulation of the relations in the field of legal protection and use of inventions, useful models and industrial designs (further - objects of industrial property).
The legislation on objects of industrial property 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 objects of industrial property then are applied rules of the international treaty.
The agency on intellectual property under the Ministry of Justice of the Republic of Uzbekistan (further - the Agency) provides realization of single state policy in the field of legal protection of objects of industrial property.
The agency takes cognizance of requests for patent grant for objects of industrial property (further - the request for patent grant), carries out on them state examination, state registration, grants patents for objects of industrial property, publishes the statement, accepts rules and makes explanations on application of the legislation on objects of industrial property and performs other powers according to the Regulations on the Agency approved by the Cabinet of Ministers of the Republic of Uzbekistan.
Sources of financing of activities of the Agency are means of the Government budget, patent fees, and also service fee and the materials provided by the Agency.
Appeal council of the Ministry of Justice of the Republic of Uzbekistan (further - Appeal council) is independent in decision making and is guided in the activities by this Law and other acts of the legislation.
Appeal council considers appeals:
on decisions of the Agency concerning the declared objects of industrial property;
the interested legal entities and physical persons against patent grant on objects of industrial property;
against validity of patents for objects of industrial property.
Appeal council within the competence can consider also other types of appeals.
The regulations on Appeal council affirm the Cabinet of Ministers of the Republic of Uzbekistan.
The right to object of industrial property belongs to the author (coauthors) or his legal successor (legal successors) and makes sure the patent.
If several persons created object of industrial property independently from each other, then the right to patent belongs to the one who submitted the first the application for patent grant to the Agency.
The author (coauthors) for whose object of industrial property as a result of illegal borrowing the application is submitted or the patent is taken out, has the right to challenge patent grant or to demand transfer to it as to the patentee of the patent judicially.
The patent for object of industrial property is granted after conducting state examination.
The patent for object of primyshlenny property certifies priority, authorship of object of industrial property and exclusive right of the patentee to ownership, uses and the order of object of industrial property.
The exclusive right of the patentee is considered acting from the date of the publication of data on registration of object of industrial property in the statement of the Agency.
The patent for the invention is effective within twenty years, the patent for industrial design - within ten years, the patent for useful model - within five years, beginning from date of application for patent grant in the Agency.
Action of the patent for the invention in cases, stipulated by the legislation, can be extended by the Agency according to the petition of the patentee, but no more than for five years. The procedure for prolongation of action of the patent for such invention is established by the Agency.
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