Uzbekistan considers criminal penalties for intellectual property violations

The proposed amendments include changes to the Criminal, Criminal Procedural, Administrative Responsibility Codes, and the Civil Code. These amendments aim to strengthen liability for violating copyright, related rights, and rights associated with industrial property objects.

Specifically, the measures propose stricter penalties for violations of personal non-property rights related to intellectual property. In addition, criminal liability is being introduced for infringing property rights on such objects.

The draft law is being prepared for discussion at faction meetings of political parties.

According to the Law on Copyright and Related Rights, copyright applies to works by Uzbek citizens or those who have permanent residence in the country. It also covers works first published in Uzbekistan, regardless of the author's nationality or place of residence, as well as works protected within the country.

Currently, the Administrative Responsibility Code prescribes penalties for violating personal non-property rights related to intellectual property objects.

The unauthorized use of another party’s trademark, service mark, geographical indication, place of origin name, or similar marks that could confuse consumers, in relation to similar goods or services, or the unlawful use of another party’s firm name, is punishable. Such actions result in the seizure of the offending items and fines ranging from 15 to 30 times the base calculation unit (BCU).

If the same violations are repeated within one year after an administrative penalty has been imposed, offenders may face fines ranging from 30 to 50 times the BCU (from 11,250,000 UZS to 18,750,000 UZS) and the seizure of the offending items.

Unauthorized manufacturing, application, importation, sale, offering for sale, or storage of products or items incorporating a patented invention, utility model, or industrial design — or using methods protected by a patent — may result in fines. For individuals, these fines range from 5 to 10 times the BCU (1,875,000 UZS to 3,750,000 UZS), while for officials, fines range from 10 to 20 times the BCU (3,750,000 UZS to 7,500,000 UZS).