Main Means To Protect Trademarks In Uzbekistan In A Nutshell

First of all it is important to note that the dynamics of debates exiting nowadays among public institutions, businesses, and mass media regarding such issues as the use and protection of intellectual property is a certain indicator of the beginning of an innovative growth and understanding of the role and meaning of intellectual property in economic development of a certain company in particular as well as the economy of a certain country as a whole.

Speaking about legal aspects of intellectual property protection, it is important to mention that in this article, we will analyze exclusively the means of protection of such intellectual property as trademarks and service marks, which are traditionally called in the business environment as marketing designations or brands.

Obviously an infringement of trademark rights owned by their holders incurs, first of all, an infringement of economic rights and interests of trademark owners, regardless of where such infringements are stemming from.

Generally infringers use intellectual property of third parties - true owners - by a number of illegal actions aimed at using benefits that are obtained due to good reputation of someone else's trademark. In such a situation, one mistakenly assumes that such infringements damage only the trademark owner, whereas in reality the scale of each case of any such infringements is much more serious, as consumers of services and goods that are marked with illegally used designations will associate every time such goods and services with true right holders. Accordingly, damage is caused not only to certain individuals, but also to the whole society.

Moreover, infringements of owners' rights damage infringers themselves, although in most cases they do not realize it. It is obvious that infringers will never have a stable position in the market, will not be able to gain the confidence of and acquire good reputation among consumers who purchase their goods or services, to create their own authentic brand and fairly use it commercially (i.e. to increase capitalization of their company, to contribute it to the charter capital, to sell to third parties, etc.). Also most of the time infringers do not try to increase the quality of their products and improve them depending on the level of demand and supply in the market.

Moving directly to the issue of means and methods to protect trademark rights, it would be necessary to point out that it is all about legal instruments that...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT