Anti-Counterfeiting Measures In Uzbekistan In The Absence Of Customs Recordation: Recommendations To Brand Owners

Foreign manufacturers and brand owners as well as Uzbekistan-based official or exclusive importers of branded goods are facing pressing challenges in connection with promoting their proprietary products, protecting their reputation and image, and dealing with counterfeiting and pricing strategies of unscrupulous competitors.

Legal possibility of banning unauthorized importation of goods and products into the customs territory of the Republic of Uzbekistan is one of the most efficient tools that can be used to protect exclusive rights of a trademark owner or its official representative.

Unauthorized importation or use of a trademark means any importation of goods and products for commercial purposes, their storage, advertising, or offering for sale by individuals or organizations not permitted by the trademark owner or its representatives authorized under a power of attorney or a license agreement.

In most countries, unauthorized and illegal importation of goods is prevented by entering a product trademark into a special stop list, usually called a "customs registry". Customs recordation is provided by the laws of EU countries, the USA, Russia, Belarus, Kazakhstan, and many other countries, and has already proved its efficiency.

We, however, regret to note that, as at November 1, 2015 the laws of Uzbekistan do not provide legal frameworks for introduction or enforcement of customs protection measures in the form of customs recordation. Business community and foreign investors have been in anticipation of adoption by the Uzbekistan parliament of the revised customs code which, possibly, contemplates the customs recordation system (at least it appears to be so in the draft customs code promulgated by the Uzbekistan State Customs Committee); however, whether the respective section will actually be included into the final version of the code remains to be seen, and the timeline for the revised code adoption is unclear.

Does this mean that the law does not grant customs protection to exclusive rights of trademark owners? Thankfully, no. Evidence of this is the fact that Uzbekistan customs authorities have been monitoring the imports and denying customs clearance in relation to consumer goods and alcohol products under more than twenty internationally recognized trademarks that were attempted to be imported into the country without due notification to or permission of the respective brand owner and the original product manufacturer.

In most cases...