Legal foundations of intellectual property rights in the republic of Uzbekistan

Аннотация

Copyright plays a crucial role in encouraging creative activity in society and protecting the rights of authors. This right serves to safeguard creators' works from illegal use and ensure their property and personal interests. In the Republic of Uzbekistan, the legal foundations for copyright protection have developed since independence in accordance with international standards. In particular, the Law «On Copyright and Related Rights,» adopted in 2006, serves as a fundamental legal basis in this area. This article examines the legal framework for copyright protection in Uzbekistan, the existing legislation, the types of liability for copyright infringement, and issues related to copyright protection in the digital environment. Additionally, existing problems, possible solutions, and international practices are analyzed. Keywords: Copyright, related rights, intellectual property, copyright objects, copyright subjects, civil liability, administrative liability, criminal liability, Intellectual Property Agency, Berne Convention, Rome Convention, counterfeit copies. encompasses both personal non-property rights (such Introduction: Copyright is a set of exclusive rights that as authorship, the right to be credited, and the right to regulate the author's rights over works resulting from maintain the integrity of the work) and property rights creative activity. These rights grant the author the (such as the right to use the work and derive financial ability to create, use, distribute, and protect their work. benefits from it). According to the Law of the Republic of Uzbekistan «On Copyright and Related Rights,» copyright arises based The duration of copyright protection extends on the fact of the creation of a work and does not throughout the author’s lifetime and continues for 70 require registration or any other formal procedures . years after their death. Copyright protection is determined by the national legislation of each country, When discussing the legal foundations of copyright, it meaning that each state establishes its own rules for is essential to consider the objects and subjects of safeguarding copyright within its jurisdiction. However, copyright. Objects of copyright include works of Uzbekistan is a party to international treaties and science, literature, and art, such as textual, musical, conventions on copyright protection, ensuring the dramatic, choreographic, and audiovisual works; works recognition and enforcement of copyright on a global of visual and applied decorative arts; architecture, scale. urban planning, and landscape design; photographic works, maps, as well as computer programs and In the Republic of Uzbekistan, copyright is regulated by databases— all of which are results of creative activity. the following normative legal documents: Subjects of copyright are the authors who created 1. The Law of the Republic of Uzbekistan «On these works or their legal successors, as well as other Copyright and Related Rights» – This law was adopted individuals or legal entities that have obtained the right on July 20, 2006, and regulates relations related to the to use the works under legal provisions or contractual creation and use of scientific, literary, and artistic works agreements. . (copyright) as well as performances, phonograms, and broadcasts of organizations transmitting via radio or Copyright arises automatically from the moment a cable (related rights). The law defines copyright work is created, and its registration is not required. It International Journal of Law And Criminology 34 https://theusajournals.com/index.php/ijlc International Journal of Law And Criminology (ISSN: 2771-2214) objects, the author's personal non-property and appeal to the court. Applying to the court requires the property rights, subjects of related rights and their cessation of the offense, compensation for damages, entitlements, as well as methods of protecting these and confiscation of illegally reproduced copies of the rights. work. Also, losses caused to third parties as a result of the offense may be recovered at the expense of the 2. Copyright-related provisions of the Civil Code offender. of the Republic of Uzbekistan – Articles 1041–1081 of the Civil Code govern relations concerning copyright Administrative Responsibility: According to the Code and related rights. These articles outline copyright of Administrative Responsibility of the Republic of objects, the emergence of copyright, the author's Uzbekistan, persons who violate copyright and related personal non-property and property rights, related rights are subject to fines. In this case, the amount of rights, and the procedures for protecting these rights. the fine for citizens may be from one to five, and for officials - from five to ten basic calculated values. 3. The Intellectual Property Agency and its powers – The Intellectual Property Agency operates in Criminal liability: Based on Article 149 of the Criminal Uzbekistan to implement state