LICENSE AGREEMENTS IN THE BIOTECHNOLOGY SECTOR: ISSUES OF IMPROVING NATIONAL LEGISLATION

Abstract

This article is devoted to the analysis of the legal nature of different types of licensing agreements 
in the field of biotechnology. It aims to develop well-grounded legislative proposals intended to eliminate 
terminological and legal ambiguities existing in national legislation. The relevance of the study is determined by 
the rapid development of the biotechnology sector in Uzbekistan, the consistent implementation of state policy in 
the production of biologically active substances, agricultural breeding, and pharmaceutical products, as well as the 
necessity of integrating into international intellectual property relations. The research employs the comparative 
legal method to analyze the legislation of foreign countries. In addition, formal-logical, systematic, and historical 
methods are applied. The �indings reveal that the provision de�ined as an “exclusive license” in Article 1036 of the 
Civil Code of the Republic of Uzbekistan corresponds in substance to the concept of a “sole license” recognized in 
international practice. The study further substantiates the need to improve national legislation by clarifying the 
right of exclusive and sole licensees to initiate legal proceedings against third parties, differentiating registration 
requirements for non-exclusive licenses, regulating field-of-use and territorial restrictions specific to biotechnology, 
introducing mechanisms of conditional exclusivity, and refining the institution of compulsory licensing. The results 
obtained may be used in the process of harmonizing the civil legislation of Uzbekistan with international standards, 
attracting foreign investment into the biotechnology sector, and improving the regulation of intellectual property 
relations in practice.