PROTECTION OF KNOWN TRADEMARKS: COMPLIANCE OF UZBEKISTAN’S LEGISLATION WITH TRIPS STANDARDS

Abstract

The article examines the compliance of the legislation of the Republic of Uzbekistan on the protection of well-known trademarks with the standards of the Agreement on Trade Aspects of Intellectual Property Rights (TRIPS). Based on the analysis of Articles 16.2 and 16.3 of TRIPS, the main directions for further improvement of national regulation are identified, including the need to establish expanded protection for well-known trademarks in relation to heterogeneous goods and services, strengthen civil law remedies, revise evidentiary standards, and increase the transparency of administrative practice. Particular attention is paid to the activities of the Appeals Council of the Ministry of Justice of the Republic of Uzbekistan for 2013–2025, the analysis of which indicates that the practical effectiveness of the procedure for recognizing a trademark as well-known is extremely low. The article also examines the approaches of the Russian Federation and the European Union to protecting trademarks that possess a high degree of recognition and significant reputational value. Based on the results of comparative legal analysis, proposals were formulated to improve legislation, including supplementing Article 322 of the Law of the Republic of Uzbekistan “On Trademarks, Service Marks, and Appellations of Origin of Goods,” introducing a compensatory mechanism for protecting rights, expanding the list of admissible evidence, recognizing digital evidence, and ensuring mandatory publication of the Appeals Council’s decisions. The proposed measures are aimed at further harmonizing national legislation with TRIPS standards in the context of the Republic of Uzbekistan’s accession to the World Trade Organization.