This is interesting: a mechanism for protecting intellectual property objects has been introduced in product certification

The concept of “intellectual property” was originally put forward in the Stockholm Convention “On the Establishment of the World Intellectual Property Organization (WIPO)” dated July 14, 1967. This convention defines the legal status of intellectual property and its structure, i.e., its objects.

Intellectual property is considered a product of an intellectual or creative activity, and legal scholars say that it means the right to a product that is the product of an intellectual or creative activity. Unlike ordinary property, intellectual property may not have any tangible form. Intellectual property is a broad concept that includes:

copyright (works of science, literature and art);

related rights (performances, phonograms, broadcasts or broadcasts of on-air or cable broadcasting organizations);

industrial property (invention, utility model and industrial designs);

electronic programs and databases;

means of privatization (company names, trademark, service mark, place of origin, geographical indications);

breeding achievements (new varieties of plants and new breeds of animals);

undisclosed information, production secrets (know-how);

topology of integrated circuits.

The protection and enforcement of intellectual property rights differ from each other. Protection is the process of creating and registering an object of intellectual property. For example, when an invention is created, it is patented and protected. Protection is the next process, and intellectual property is protected if someone uses intellectual property without permission.

The Republic of Uzbekistan has adopted a number of practical measures and legislative documents for the legal protection of intellectual property objects, they are being improved by implementing the norms of international treaties in our national legislation, new special methods and means are being introduced to protect this right.

In particular, the order of the Minister of Investments, Industry and Trade of the Republic of Uzbekistan “On Amendments and Additions to the Rules for Product Certification” included a mechanism for studying and verifying compliance with intellectual property rights. current rules for product certification.

Now the certification body conducts an examination and verification of compliance with the rights to individual intellectual property objects, i.e. trademarks, service marks, appellations of origin, geographical indications and industrial designs, in cases provided for by regulatory enactments.

If, along with the applicant's application for certification of goods imported from abroad, or goods produced in our republic, a copy of the title of protection (certificate, patent or annex) confirming the registration of the relevant object, confirming the rights to the object of intellectual property objects used in the product , or a copy of the license agreement for its use (if provided), examination and verification of compliance with intellectual property rights will not be carried out during the certification process.

In case of non-submission of the specified documents, the study and verification of compliance with the specified rights in the relevant product is carried out by the certification body within two working days.

In the course of the study, the brand, name and other details used in the selected product samples (labels and packaging) for certification tests are compared with the information available on the “Industrial Property Protection Portal” of the Ministry of Justice of the Republic of Uzbekistan. .

In the event that during the period of study and verification of signs, names and other details used on selected product samples (labels and packaging) for certification tests, the same or exactly similar to intellectual property objects protected by law, the certification body will be justified to the applicant will be rejected .

Thus, the study and verification of compliance with the rights to certain intellectual property objects during product certification serves as an important mechanism for protecting the rights of foreign and domestic companies to this property and preventing the circulation of counterfeit products.

Department of Supervision, Certification and Metrology "Uzagroinspektsiya" for the implementation of regulatory documents