Unofficial translation Law of the Republic of Uzbekistan



Unofficial translation
Law of the Republic of Uzbekistan
On trademarks, service marks and names of place of origin of goods
Article 1. Purpose of this Law
This Law regulates relations in the field of legal protection and use of trademarks , service marks and names of place of origin of goods.
Article 2. Legislation on trade marks, marks of service and names of places of origin of goods
The legislation on trade marks, marks of service and names of places of origin of goods consists of this Law and other legislative acts.
If an international treaty of the Republic of Uzbekistan established other rules than those which are provided for by the legislation of the Republic of Uzbekistan on trade marks, marks of service and names of places of origin of goods, the rules of international treaty shall be applied.
Article 3. Trademark and service mark
Trademark and service mark (hereinafter — trademark) — is a designation registered in the established order, serves to differences of goods and services (hereinafter — goods) one legal and physical persons from the homogeneous goods of other legal and physical persons.
Trademarks can be individual and collective.
Individual mark is a trademark owned by a separate legal entity or physical person.
Collective mark is a trademark of an association of legal entities and (or) individuals intended to designate goods manufactured and (or) sold by them that have the same quality or other general characteristics.
Images, words, designations in certain form and other designations or their combination in any color or color combination may be registered as trademarks.
Article 4. Legal protection of a trademark
The legal protection of a trademark is provided on the basis of its registration in accordance with the procedure established by this Law, as well as in accordance with international treaties of the Republic of Uzbekistan.
A trademark may be registered in the name of a legal or natural person carrying out entrepreneurial activity.
Article 5. Name of place of origin of goods
The name of place of origin of goods is recognized the name of the country, populated point, place or other geographical object (hereinafter — the geographic object), used to designate goods, the special properties which exclusively or primarily a way determined by the characteristic of this geographical object natural conditions or other factors or a combination of natural conditions and these factors.
Article 6. Legal protection of names of places of origin of goods
Legal protection the name of the place of origin of goods is provided on the basis of its registration in accordance with the procedure established by this Law, as well as in accordance with the international treaties of the Republic of Uzbekistan.
Name of place of origin of goods may be registered by one or several legal or physical persons, located in a given geographical object, the name of which is used to refer to produced their goods.
The person who registered the name of the place of origin of goods, receives the right to use it, if this person produces goods, with special properties which exclusively or primarily a way determined by the characteristic of this geographical object natural conditions or other factors or a combination of natural conditions and these factors.
The right to use the name of place of origin of goods registered in the manner prescribed by this Law, may be granted, and other legal or physical person, which is located in that same geographical site and a producing goods with those same special properties.
Article 7. Authorized state body
Authorized state body in the field of protection of trademarks and names of places of origin of goods is the Agency for Intellectual Property of the Republic of Uzbekistan (hereinafter — the Agency).
Agency:
involves in the development and implementation of a unified state policy in the field of protection of trademarks and names of places of origin of goods;
receives to review an application to register a trademark, the name of the place of origin of goods and the right to use the name of place of origin of the goods, holds for them a state examination;
carries out the registration of trade marks, names of places of origin of goods and the right to use the name of place of origin of goods, contracts on the transfer of rights to the trade marks;
carries out the State register of trade marks and the State Register of names of places of origin of goods (hereinafter — the Register), as well as list of well-known trade marks in the Republic of Uzbekistan (hereinafter — List of well-known trade marks);
issues a certificate on a trade mark and the certificate of the right to use the name of place of origin of goods;
publishes official information about the registration of trade marks and granting the right to use the name of place of origin of goods, as well as on the recognition of a trade mark well known in the Republic of Uzbekistan;
exercises other powers in accordance with the law.
Article 8. Submission of an application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of goods
Application to register a trade mark, the name of the place of origin of the goods and the right to use the name of place of origin of goods shall be submitted by legal or physical person (hereinafter — the applicant) in the Agency.
Application to register a collective mark is applied on behalf of the association of legal and (or) physical persons in accordance with the agreement of its members about the use of the collective mark.
Date of submission of the application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of the goods is established according to the date of receipt of the application to the Agency.
Application to register a trade mark, in which are listed a several goods can be divided at the request of the applicant on the two or more with the preservation of the date of filing of the original application.
Application to register a trade mark, previously protected in virtue of an international treaty of the Republic of Uzbekistan, is submitted in the manner prescribed by the Agency.
Article 9. Requirements for application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of goods
Application to register a trademark, the name of the place of origin of goods and the right to use the name of place of origin of goods must relate to one trademark or name the place of origin of goods.
The application must contain:
statement about registration the designation as a trade mark, the name of the place of origin of goods or the right to use the name of place of origin of goods;
image of the claimed designation;
a list of goods for which trademark registration is requested, grouped in accordance with the International Classification of Goods and Services for the registration of marks;
the name of the type of goods and a description of its special properties, for which claimed registration of the name of the place of origin of the goods or the right to use the name of place of origin of the goods, with the indication of its place of production in the boundaries of the geographic object.
The followings should be attached to the application:
document confirming the payment of patent fees for filing an application;
power of attorney issued by the applicant in the case of filing an application through a patent attorney;
documents certifying that the applicant is located in a specified geographical object and produces a product specific properties which are related to the characteristic for a given geographical object natural conditions or other factors, or a combination of natural conditions and these factors;
a document confirming the right of a foreign applicant to use the claimed name of the place of origin of goods in the country of origin of goods.
Requirements to the documents necessary for the registration of the application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of goods shall be established by the Agency.
Article 10. Designations not subject to registration as trademarks
The following are not registered as trademarks:
1) designations representing an image of state emblems, flags and state awards;
2) official names of states, abbreviated or full names of international or intergovernmental organizations;
3) official control, guarantee seals and draft seals;
4) images of designations of separation and distinction of public services used in the Republic of Uzbekistan;
5) designations that do not have distinctive features;
6) designations that have come into general use as designations of goods of a certain type;
7) designations that are generally accepted symbols and terms;
8) designations used for the characteristics of the goods, as well as types, quality, quantity, properties, purpose, values, and also the place and time of their manufacture or sale;
9) false or misleading designations about the product or its manufacturer;
10) designations, formally indicate to the true place of production of goods, but giving the wrong idea about what that product comes from another territory;
11) designations representing or containing geographical names identifying mineral water, wine or strong alcoholic beverages to designate goods not originating from this place, and also, if they are used in translation or in combination with the words “in view”, “in type”, “in style” and like these;
12) designations that are contrary to the interests of society, the principles of humanity and morality;
13) designations that are identical or similar to the extent of their confusion:
with trademarks previously registered or registered for registration in the Republic of Uzbekistan in the name of another person, as well as protected without registration by virtue of international treaties of the Republic of Uzbekistan or having an earlier priority in relation to homogeneous goods;
with trademarks of other persons recognized as well-known in the established manner, in relation to any goods;
with appellations of origin of goods protected in accordance with this Law, except for cases when they are included as an unprotected element in a trademark registered in the name of a person entitled to use such an appellation in relation to any goods;
with certification marks registered in the prescribed manner;
14) designations repeating:
company names (or a part of them) known in the territory of the Republic of Uzbekistan belonging to other persons who obtained the right to these names earlier than the date of receipt of the application for a trademark, in respect of homogeneous goods;
industrial designs, the rights to which in the Republic of Uzbekistan belong to other persons;
names of scientific works, literature and art, characters from them or citations, works of art or their fragments known in the Republic of Uzbekistan without the consent of the owner of copyright rights, or its successors (heirs);
surnames, first names, pseudonyms and derivatives of them, portraits and facsimiles of famous persons without the consent of such persons, their heirs or the state body, if these designations are the property of the history and culture of the Republic of Uzbekistan.
The designations indicated in points 1 — 4 of the first part of the present article, may be incorporated as a non-protected parts in a trade mark, if at this guest consent corresponding public authority or their owner; designations specified in points 5 — 8 of the first part of this article, can be incorporated as a non-protected parts in the trade mark, if they do not occupy in the trade mark a dominant position.
Registration of trademarks identical to those of the trademark at the level of confusion with the trademark specified in points 5 — 8 of the first part of this article may be permitted only with the consent of the owner of the trade mark.
Register designation, similar to the degree of confusion with the trade mark, specified in the second and third paragraphs of the point 13 of the first part of this article may be permitted if provided the consent of the owner of the trade mark for the register of this designation.
Article 11. Designations not subject to registration in a name of place of origin of goods
Not subject to registration in a name of place of origin of goods designations:
representing a geographic name, introducing the consumer to mislead with respect to the place of production of goods;
formally indicate to the true place of production of goods, but giving the wrong idea about what that product comes from another territory;
containing geographical names that are not associated with the place of manufacture of the goods and are included in the Republic of Uzbekistan in general use as a designation of a certain type of product.
Article 12. Priority of a trad e mark
The priority of a trademark is determined by the filing date of the application for the registration of a trademark.
The priority of a trademark may be installed at the date of filing of the first application to register a trade mark in the State acceded to the Paris Convention for the Protection of Industrial Property (convention priority), if in the Agency application to register a trade mark entered into during the six months after the said date.
The priority of a trademark, placed on exhibits of official or officially recognized international exhibitions organized in the territory of one of the States that have acceded to the Paris Convention for the Protection of Industrial Property, can be installed at the date of the start of the open display of the exhibit at the exhibition (exhibition priority), if in the Agency application on registration of a trade mark entered into during the six months after the said date.
The applicant, asking the right of convention or exhibition priority is obliged to this point when submitting an application to register a trade mark or in within two months after receipt of the application to the Agency with the application of the necessary documents confirming the validity of such claims or submit these documents not later than three months from the time of receipt applications for registration of a trademark with the Agency.
In the case of the separation of the application to register a trade mark the priority for each of the applications installed on the date of priority of the initial application.
The priority of a trademark may be installed at the date of the priority of a trademark previously protected in virtue of an international treaty of the Republic of Uzbekistan.
Article 13. State expertise of the application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of goods
State examination of the application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of goods is carried out by the Agency, and includes a formal examination and examination of the designation claimed in the application.
In the period of the state examination application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of goods to the adoption of its decision the applicant is entitled to according to their own initiative to correct, clarify or supplement the materials of the application information, not altering the essence of the application.
In the period of the state examination application to register a trade mark prior to the adoption of its decision, the applicant is entitled to divide the initial application on two or more applications by distribution between applications of goods listed in the initial application.
In the process of conducting a state examination, the Agency has the right to request from the applicant additional materials, without which examination is impossible.
Additional materials on request state examination should be presented in over three months from the date of sending the request to the applicant. According to the request of the applicant this period may be extended by no more than in the six months. If the applicant fails to submit the requested additional materials or a request for an extension of the deadline for their submission within the specified time period, the application shall be considered withdrawn.
The deadlines missed by the applicant may be restored by the Agency at the request of the applicant, submitted no later than two months after their expiration.
Article 14. Formal examination of the application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of goods
Formal examination of an application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of goods is carried out in a thirty period with the date feed it to the Agency.
In the process of the formal examination the content of the application to register a trade mark, the name of the place of origin of goods and the right to use the name of place of origin of goods, the availability of the necessary documents, as well as their compliance with the established requirements are verified. According to the results of the formal examination the decision of the Agency are declared to the applicant on making an application for review or of the refusal.
Article 15. Examination of the designation claimed in the application.
Examination of the designation claimed in the application is held by the Agency in accordance with the decision of making an application to register a trade mark, the name of the place of origin of goods and (or) the right to use the name of place of origin of goods for consideration in over seven, but not before six months from the date of filing of the application.
In the process of the examination the compliance of the designation claimed in the application designation with the provisions of the first part of the article 3 and article 10 of this Law (for the exception of point 14 of the first part of the article 10) in the expertise of a trade mark is verified, and when the examination name place of origin of goods and (or) granting the right to use the name of place of origin of goods — the compliance with the rules of the articles 6 and 11 of this Law.
According to the results of the examination taken a decision of the Agency for registration of trade mark, name of the place of origin of goods and (or) granting the right to use them, or about refusal in its registration, on what the applicant is notified.
Solution of the Agency of registration of trade mark may be reversed in connection with the receipt of the application, possesses more earlier priority in accordance with Article 12 of the Law.
Article 16. Appeal of the results of state examination
The applicant has the right to appeal the results of the state examination in the Appeal Board of the Agency (hereinafter — Appeal Board) in within three months from the date of adoption of the decision.
The procedure for appealing the results of state examination in the Board of Appeal is established by the Agency.
The applicant has the right to appeal the decision of the Appeal Board to court in within six months from the date of adoption of the decision.
Article 17. Refusal in favor of another person or withdrawal of the application to register a trade mark, the name of the place of origin of goods and (or) the right to use the name of place of origin of goods
Application to register a trade mark, the name of the place of origin of goods and (or) the right to use the name of place of origin of goods at any stage of its review may be refused in favor of another person or withdrawn by the applicant, but not later than the date of registration of trade mark, the name of the place of origin of goods and (or) rights to use the name of the place of origin of goods respectively.
Article 18. Registration of trade mark, names of places of origin of goods and (or) the right to use the name of place of origin of goods
On the basis of the results of state expertise of the Agency registers a trade mark, the name of the place of origin of goods and (or) the right to use the name of place of origin of goods in the appropriate registry in within three working days from the date of receipt of the document on payment of patent fees.
The composition of the information entered into the register is established by the Agency.
Article 19. Publication of registration information
Information about registering a trade mark, the name of the place of origin of goods and (or) the right to use the name of place of origin of goods are published in the official bulletin of the Agency, is posted also on its official website. The composition of the published information is determined by the Agency.
Article 20. The certificate on a trade mark and the certificate of the right to use the name of place of origin of goods
The certificate on a trade mark shall certify the fact of registration of the designation claimed as a trademark, priority of trademark and the exclusive right of the owner to the trade mark in relation to goods specified in the certificate.
The certificate of the right to use the name of place of origin of goods shall certify the fact of registration of the designation defined as a name of place of origin of the goods and the right to the owner of the certificate on its use in relation to the type of goods specified in the certificate.
The certificate on a trade mark and the certificate of the right to use the name of place of origin of goods shall be issued by the Agency in within ten working days after the registration of a trade mark, the name of the place of origin of goods and (or) the right to use the name of place of origin of goods in the appropriate registry. Form of certificates and composition indicate to them the information is determined by the Agency.
Article 21. The term of action of the certificate on a trade mark and the certificate of the right to use the name of place of origin of goods
The certificate on a trade mark or a certificate of the right to use the name of place of origin of the goods operates in over ten years from the date of filing of the application.
Article 22. Extending the term of action of the certificate on a trade mark and the certificate of the right to use the name of place of origin of goods
Term actions certificate on a trade mark or certificate of the right to use the name of place of origin of goods may be extended at the request of the owner, filed in during the last year of his action, each time to ten years.
The application referred to in the first part of this article must be accompanied by:
document confirming the payment of patent fees;
power of attorney issued by the applicant in the event of filing an application through a patent attorney;
a document confirming that the person who owns the right to use the name of place of origin of goods is in a given geographical object and manufactures goods with properties specified in the certificate.
Record about prolongation of term of action of the certificate on a trade mark or certificate of the right to use the name of place of origin of goods is entered in the appropriate register.
Term of the submission of the application specified in the first part of this article may be extended at the request of the owner of the certificate, filed in within six months after the expiry of the term of action of the certificate.
Article 23. Introduction of amendments in the certificate of the trade mark and the certificate of the right to use the name of place of origin of goods
The owner of a trade mark or the owner of the certificate of the right to use the name of place of origin of goods shall inform the Agency about the change of his name, surname, name and patronymic, other changes relating to the registration of a trade k6mark or the name of the place of origin of the goods, and for the trade mark - a reduction of the list of goods, changes in certain elements of a trademark that do not change its essence. Record about these changes introduced by the Agency in the certificate on a trade mark or a certificate of the right to use the name of place of origin of goods, and in the appropriate registry.
In case of occurrence of dispute on the recognition of certificates on the trade mark invalid, from registration of trademark, acting in respect of several goods, on request of the owner of a trade mark is allocated a separate registration of a trade mark for the same goods or part of the goods on which not contested provision of legal protection.
Article 24. Recognition of certificates on the trade mark or certificate of the right to use the name of place of origin of goods invalid
Evidence for a trade mark can be recognized as invalid fully or partially in over the entire period of its action, if it has been issued in violation of the requirements set by part of the second of the article 4 and points 1 — 12 of the first part of the article 10 of this law, or in within five years from the date publication of information about the registration of a trade mark in the official bulletin of the Agency, is posted also on its official web site, if it was issued in violation of the requirements established by paragraphs 13 and 14 of the first part of the article 10 of this Law.
The certificate on a trade mark may be declared invalid in full or in part in over three years to the date of the publication of information about its registration in the official bulletin of the Agency, is posted also on its official website in the case of recognition in the established order of actions the owner of a trade mark by the fact of unfair competition.
The certificate of the right to use the name of place of origin of goods may be deemed invalid in for the entire term of its action, if it was issued in violation of the requirements established by this Law.
The certificate on a trade mark or a certificate of the right to use the name of place of origin of goods is recognized as invalid fully or partially on the basis of the decision of the Appeals Board or the Court.
Article 25. Cancellation of registration of names of places of origin of goods, the termination of action of the certificate on the trade mark or certificate of the right to use the name of place of origin of goods
Register names place of origin of goods shall be canceled in the communication:
with the disappearance of the characteristic for a given geographical object conditions and the inability to manufacture goods with these in the register properties;
with the loss of foreign legal entities or physical persons the right to present the name of the place of origin of goods in the country of origin of goods.
Action of the certificate on a trade mark or certificate of the right to use the name of place of origin of goods is terminated in connection with expiry of the term of its action.
Action of the certificate on a trade mark may be terminated prematurely completely or partially on the basis of the decision of the court, passed on the request of the interested person, when not using the trade mark continuously in for the last five years of his actions, but also with the violation of the agreement on the use of the collective mark. When considering the issue of early termination of the action of the certificate on a trade mark in relation to its non-use may be considered provided the owner of a trade mark evidence of non-commercial sign on independent of his circumstances.
Evidence of the use of trade mark is considered its use, provided article 27 of this Law. Proof of use of a trade mark, represented by its owner, must relate to the period of time specified in the statement.
Action of the certificate on a trade mark or certificate of the right to use the name of place of origin of goods is terminated prematurely on the basis of:
decisions of the Board of Appeal;
application of the owner submitted to the Agency;
court decisions.
Article 26. The exclusive right to the trade mark
The trademark owner has the exclusive right to use and dispose of the trademark.
The exclusive right to the trade mark functions in relation to the goods specified in the certificate, and is carried out in the period of action of registration starting from the date of publication in the official bulletin of the Agency, is posted also on its official website.
Infringement of the exclusive right to a trade mark is recognized unauthorized manufacture, use, import, offer for sale, sale, other introduction into civilian circulation or storage with this purpose trade mark or goods designated by that mark, or designations similar to them to the extent of confusion, in regarding homogeneous goods.
Not a violation of the exclusive rights in the trade mark use of a trade mark by other persons in relation to goods which have been lawfully introduced into civilian circulation directly to the owner of a trade mark or with his consent.
Article 27. The use of a trade mark use of a trade mark
The use of a trade mark is considered applying it on the goods, for which the trade mark registered, and (or) on their packaging by the owner of trade mark or a person to whom a right granted on the basis of a license agreement in accordance with article 30 of this Law.
The use may also recognize the use of a trademark:
in advertising, print publications, on official letterhead, signs, with demonstration of exhibits at exhibitions and fairs, on labels, packages of goods, which are manufactured, offered for sale, sold or otherwise way are entered into civilian circulation or stored and (or) transported with this purpose, or imported into the territory of the Republic of Uzbekistan;
on documentation related to the introduction of goods into civilian circulation;
in the domain name.
In case of unlawful use of a trademark or a confusingly similar mark on goods, labels or packaging of goods they shall be counterfeit.
Legal and physical persons engaged in brokering activities, may on the basis of a contract to use its trade mark along with the trade mark of the manufacturer of the goods.
Article 28. The use of the name of the place of origin of goods
Using the name of the place of origin of goods is considered to be the use of it on the product, packaging, signage, official letterhead, in advertising, printed publications and other documents related to the introduction of goods into civil circulation.
The alienation of the transaction on assignment of the right to use the name of place of origin of goods and the provision of the right to use the name of place of origin of goods on the basis of the license agreement are not allowed.
Not allowed to use the registered name of place of origin of goods by persons not having the certificate on the right to use the name of place of origin of goods, even if at this indicated a genuine place of origin of goods or the name is used in translation or in combination with the words “in kind”, “in type”, “in style” and like these, as well as the use of a similar designation for any goods that can enter the consumer to mislead with respect to the place of origin and specific properties of the product.
Article 29. Precautionary labeling
The owner of a trade mark or the owner of the certificate of the right to use the name of place of origin of goods may be put down next to the trade mark or the name of the place of origin of goods warning markings in the form of the latin letter “R” or “R” in a circle, pointing to the fact that applied to the product or packaging designation is registered in the Republic of Uzbekistan as a trade mark or the name of the place of origin of the goods.
Article 30. Transfer of rights to the trade mark
The exclusive right to a trade mark may be transferred to its owner to another person on the contract.
The transfer of rights to the trade mark is not allowed, if it can enter into misleading consumers regarding the product or its manufacturer.
The right to use a trade mark may be given to the owner of a trade mark (licensor) to another person (licensee) by a license agreement.
The license agreement should contain a provision on the fact that the quality of the goods of the licensee will not lower the quality of the goods of the licensor and that the licensor will monitor the fulfillment of this condition.
Treaty on the transfer of rights to a trade mark or a license agreement subject to registration at the Agency.
A collective mark and the right to its use is not can be transferred to other persons.
Article 31. Transfer of a trade mark with the reorganization of the legal entity owner of a trade mark
Upon the merger of legal entities — owners of trademarks , trademarks are transferred to the newly registered legal entity.
When the division of the legal entity — the owner of a trade mark the trade mark moves to the newly registered legal person to whom goes the production of goods. In the case of conservation for the owner of a trade mark of the production of goods, for which the registered trade mark, the two legal persons according to their agreement (contract) can be considered co-owners of a trade mark. An agreement (contract) on this is subject to registration with the Agency.
When joining a legal entity — the owner of a trade mark to another legal person the right to a trade mark goes to the latter.
Article 32. Condition for repeated registration of a trademark
A trade mark, term actions certificate which has expired, do not can be re-registered in the name of another person in over three years to the date of termination of the action certificate on a trade mark. This rule also applies to cases where the trademark owner refuses it before the expiry of the trademark certificate.
Article 32¹. A well-known trade mark
The trade mark protected in the territory of the Republic of Uzbekistan on the basis of its registration, the trade mark protected in the territory of the Republic of Uzbekistan without registration in accordance with the international treaty of the Republic of Uzbekistan, as well as the designation, used as a trade mark, but not having a legal protection on the territory of the Republic of Uzbekistan can be recognized as a well-known trade mark according to the application of a legal or physical person in the Republic of Uzbekistan, if such trade marks or designation in the result their intensive use of steel in the specified in the statement date in the Republic of Uzbekistan is widely known among the relevant consumers in respect of the goods of this person.
Well-known trade mark is given the legal protection, provided by this Law for a trade mark.
Article 32². Legal protection of the well-known trademark
The generally known trademark is given the legal protection in the manner prescribed by law on the basis of the decision of the Appeal Board.
The trademark recognized as well-known is entered by the Agency into the List of well-known trademarks.
Information relating to the well-known trademark is published in the official bulletin of the Agency, which is also posted on its official website after they are included in the List of well-known trademarks. The composition of the published information is determined by the Agency.
Issuance of certificate for the well-known trade mark carried Agency to within ten working days from the date of making trademark in the list of well-known trade marks. Form of certificate and composition indicate in its information set by the Agency.
Legal protection of the well-known trade mark is valid indefinitely.
Article 33. Patent fees
For committing legally significant actions related to the registration of trade marks, names of places of origin of goods or the right to use the name of place of origin of goods, levied patent fees. Patent fees are paid to the Agency.
The sizes and terms of payment of patent fees, the grounds for exemption from payment of them, reduction of the size or their return, as well as the procedure for using patent fees are established by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 34. Patent attorneys
Patent attorney carries the right to representation of legal and physical persons before the Agency.
A patent attorney may be a citizen of the Republic of Uzbekistan permanently residing in its territory. Qualification requirements for patent attorneys, the procedure for their certification and registration are established by law.
Physical persons permanently residing beyond the borders of the Republic of Uzbekistan, or foreign legal persons are cases of registration of trade marks and names of places of origin of goods and the exercise of legally significant actions associated with them, through patent attorneys registered in the Agency.
Physical persons permanently residing in the Republic of Uzbekistan, but temporarily located behind its borders, may lead the case for the registration of trade marks and names of places of origin of goods and the exercise of legally significant actions associated with them, without a patent attorney when specifying the address for correspondence in the borders of the Republic of Uzbekistan.
The powers of a patent attorney are certified by a power of attorney.
Article 35. Registration of trademarks and names of places of origin of goods in other countries
Legal and physical persons of the Republic of Uzbekistan shall have the right to register a trade mark or the name of the place of origin of goods in other countries in the established order.
Article 36. Rights of foreign legal and physical persons
Foreign legal and physical persons enjoy the rights provided by this Law, on a par with legal entities and physical persons of the Republic of Uzbekistan or on the basis of the principle of reciprocity.
Article 37. Settlement of disputes
Disputes related to the legal protection and use of trade marks and names of places of origin of goods shall be settled in the manner prescribed by law.
Article 38. Responsibility for violation of legislation on trade marks and names of places of origin of goods
Persons guilty in violation of the law on trade marks and names of places of origin of goods shall be liable to the established order.
President of the Republic of Uzbekistan I. KARIMOV
Tashkent city,
August 30, 2001,
No. 267-II