PECULIARITIES OF PROTECTION OF RIGHTS TO TRADEMARKS BY CUSTOMS AUTHORITIES IN IMPORT AND EXPORT OPERATIONS IN THE REPUBLIC OF UZBEKISTAN

Аннотация

INTRODUCTION Over the past five years, our country has However, it is widely known that external strengthened its trade and economic relations with economic activities, while attractive, can also lead economically developed countries. As a result, in to negative consequences that may harm human 2023, the volume of trade with international health and well-being, infringe upon citizens' partners increased by 23.8%, reaching $62.6 rights, and affect the interests of the state and billion. society. Such situations often arise when dishonest entrepreneurs import counterfeit goods— These indicators demonstrate the steady growth of products that do not meet established standards our foreign trade performance, which, in turn, and have not been inspected for quality, and where contributes to enhancing Uzbekistan’s intellectual property rights are violated by failing international image, promoting entrepreneurship to sign agreements with intellectual property and business development, expanding production, owners or comply with trademark regulations. and creating new jobs. This sets the foundation for Uzbekistan to secure a prominent position among For reference: counterfeit products are defined as economically and socially developed nations. any unauthorized use of an intellectual property object belonging to the rights holder. https://www.theamericanjournals.com/index.php/tajpslc 64 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 Counterfeit goods frequently involve the misuse of enforce IP rights and protect against counterfeit trademarks, which are state-registered distinctive goods during export-import processes. signs representing the names of products or According to these amendments, customs services. authorities are now granted the right to monitor Since counterfeit products are not subject to and take action regarding IP rights violations on necessary sanitary and hygiene checks, they not goods not listed in the customs register and only infringe upon the interests of intellectual without a formal request from the rights holder, property owners but also harm society at large. under the "ex officio" principle. It is worth noting that 63% of counterfeit products The adoption of such legal norms has created are manufactured in China , and 4% in Turkey. Both favorable conditions for foreign brand owners and China ($8 billion) and Turkey ($1.9 billion) are major entrepreneurs to introduce their products among Uzbekistan’s major trading partners. into the Uzbek market, ensuring their protection from counterfeit goods. This contributes to Globally, the value of counterfeit products seized fostering a healthy trade environment in and confiscated by customs services ranges from Uzbekistan, improving the investment climate, $200 billion to $360 billion annually. introducing innovative technologies, and attracting Customs services play a crucial role as the primary investment. state agency responsible for preventing the entry The protection of intellectual property objects by of counterfeit products into the country. customs authorities is carried out in two stages: It is important to highlight that, before the new 1. At the first stage, the rights holders or their Customs Code was adopted on January 20, 2016, authorized representatives register intellectual the rights to intellectual property objects were property objects in the "Customs Register of regulated by Article 9 of the Customs Code of Intellectual Property Objects" (hereafter referred December 26, 1997. This article allowed for the to as the Register). restriction of the import and export of intellectual property objects into and out of Uzbekistan to For reference: The Register is maintained by the safeguard national security, public order, morality, State Customs Committee and serves as software human life and health, environmental protection, that allows customs officers to monitor and and consumer interests. However, this provision prevent the entry and exit of goods that infringe was insufficient to fully protect intellectual upon intellectual property rights during customs property rights, as it established only a general clearance. Currently, 331 trademarks are norm without specifying clear mechanisms for registered in the Register. protection and enforcement. 2. At the second stage, if signs of infringement are In the revised Customs Code of the Republic of detected through a risk analysis system or at the Uzbekistan, a dedicated chapter is devoted to the request of the rights holder or their representative protection of intellectual property (IP) rights. This for goods listed in the Register, the release of such chapter outlines specific procedures and principles goods into the import regime is suspended for a for customs authorities to determine which goods period of 10 days. Following a court decision, these are subject to IP rights enforcement, the goods may either be removed from the territory of re