The Plenum of the Supreme Court of the Republic of Uzbekistan for the first time commented on the procedural order of consideration of disputes related to intellectual property
The Plenum of the Supreme Court of the Republic of Uzbekistan adopted a resolution "On some issues of consideration of disputes related to intellectual property" № 19 of June 23, 2023 (hereinafter - the Resolution), according to which the Plenum defined the fundamental concepts on the application of substantive law that must be noted by the court when considering disputes related to intellectual property. With the introduction of this Resolution, the judicial practice in the field of intellectual property disputes will definitely be brought to a new level.
Key aspects of the Resolution include:
1. Jurisdiction of disputes. Intellectual property disputes are considered by different courts based on the category of the dispute, and the choice of court is usually made based on existing practice of dispute consideration. However, in accordance with the Resolution, the jurisdiction of disputes in the field of intellectual property is now definite, which is an important step towards the reform of judicial practice.
2. Disputes arising in connection with the non-use of a trademark are subject to consideration in strict compliance with the requirements established by Article 27 of the Law "On Trademarks, Service Marks and Appellations of the Origin". When canceling the trademark certificate due to non-use, courts are advised to be guided by the norms of a special law regulating legal relations in the field of trademarks.
3. Applicability of results of the public poll among consumers when it comes to assess the similarity of trademarks, including cases of imitation or counterfeit goods. The Resolution provides an option for the parties to present the results of public surveys conducted among consumers in order to evaluate the similarities between the compared intellectual property objects from the consumers' point of view.
4. International exhaustion of rights. Courts should take into account that the use of a trademark by other persons in respect of goods that were lawfully introduced into civil turnover directly by the owner of the trademark or with his consent is not a violation of the exclusive right to the trademark as Uzbek government practices the international principle of exhaustion of rights.
The adoption of this Resolution demonstrates the commitment of the country to establish an effective judicial practice in resolving intellectual property disputes. This approach significantly contributes to strengthening the protection of intellectual property rights and builds the ground for further progress of the system of intellectual property regulation.
Keywords: intellectual property, judicial practice, trademark.