UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
The telecommunications authority in the country is the Ministry for Development of Information Technologies and Communications of the Republic of Uzbekistan (MiTC). Therefore, the authority is not independent in its decision-making and it is reported that it operates opaquely.
Coverage Telecommunications sector
UZBEKISTAN
Since July 2019, entry into force in October 2019, as amended in January 2021
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Law of the Republic of Uzbekistan on Personal Data - Act No. ЗРУ-547 (Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
Art. 27-1 of the Law on Personal Data provides that the owners and/or operators are obliged to ensure that databases containing personal data of citizens of Uzbekistan are collected, systematized, and stored using technical means physically located in the territory of Uzbekistan. Moreover, the operators have to register their databases in the State Register of Personal Databases.
Coverage Horizontal
Sources
- https://lex.uz/docs/4396428
- https://www.dataguidance.com/notes/uzbekistan-data-transfers
- https://www.dlapiperdataprotection.com/index.html?t=collection-and-processing&c=UZ
- https://www.loc.gov/item/global-legal-monitor/2021-05-07/uzbekistan-new-requirements-for-uzbek-citizens-personal-data-localization-enter-into-force/
- https://uzbekistanlawblog.com/data-protection-in-uzbekistan-challenges-and-opportunities/
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UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Uzbekistan has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, Uzbekistan is not a member of the WTO.
Coverage Telecommunications sector
UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Uzbekistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
UZBEKISTAN
Since July 2021, last amended in 2023
Since February 2022, entry into force in March 2022, last amended in 2023
Since February 2022, entry into force in March 2022, last amended in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Law of the Republic of Uzbekistan No. LRU-701 on licensing, permitting and notification procedures (O‘zbekiston Respublikasining Qonuni Litsenziyalash, ruxsat berish va xabardor qilish tartib-taomillari to‘g‘risida)
Resolution of the Cabinet of Ministers No. 80 on approval of a unified regulation on the procedure for licensing certain types of activities through a special electronic system (O‘zbekiston Respublikasi Vazirlar Mahkamasining
qarori Maxsus elektron tizim orqali ayrim faoliyat turlarini litsenziyalash tartibi to‘g‘risidagi yagona nizomni tasdiqlash haqida)
Resolution of the Cabinet of Ministers No. 80 on approval of a unified regulation on the procedure for licensing certain types of activities through a special electronic system (O‘zbekiston Respublikasi Vazirlar Mahkamasining
qarori Maxsus elektron tizim orqali ayrim faoliyat turlarini litsenziyalash tartibi to‘g‘risidagi yagona nizomni tasdiqlash haqida)
It is reported that licensing can be an instrument of control in the telecommunications sector, that the process is often encumbered by political interests and has historically been marred by bribery. Annex No. 1 of Law No. LRU-701 lists the activities for which a licence is required, including design, construction, operation, and provision of services of telecommunications networks. In addition, Annex No. 15 of Resolution No. 80 lists the documents to be submitted for obtaining the license and establishes the licensing requirements and conditions to be met when carrying out licensed activities, including the licensee's participation in the implementation of national programs for the development of telecommunications to solve national problems, and the mandatory provision of services to consumers in rural areas, sparsely populated and hard-to-reach areas.
Coverage Telecommunications sector
Sources
- https://lex.uz/ru/docs/6120660
- https://lex.uz/ru/docs/-5870213
- https://freedomhouse.org/country/uzbekistan/freedom-net/2023
- https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://digital.gov.uz/en/pages/licensing/
- https://freedomhouse.org/country/uzbekistan/freedom-net/2023
- https://www.trade.gov/country-commercial-guides/uzbekistan-licensing-requirements-professional-services
- https://opennet.net/research/profiles/uzbekistan
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UZBEKISTAN
Reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns shares in several telecommunications companies. In particular, 96.4% of the shares of Uzbektelecom JSC are held by Uzbek public institutions. In addition, three of the five mobile operators active in the mobile market are state-owned, namely Ucell (49% owned by the State Assets Management Agency of the Republic of Uzbekistan), Mobiuz (fully owned by the Ministry for Development of Information Technologies and Communications), and UzMobile (sub-brand of Uzbektelecom).
Coverage Telecommunications sector
UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Uzbekistan to deliver telecom services to end users. However, it is reported that passive sharing is practiced in the mobile sector based on commercial agreements.
Coverage Telecommunications sector
UZBEKISTAN
Since September 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law of the Republic of Uzbekistan on Trade Secrets - Act No. LRU-374 (Ўзбекистон Республикасининг Қонуни Тижорат Сири Тўғрисида)
Law LRU-374 provides a framework for effective protection of trade secrets.
Coverage Horizontal
Source
UZBEKISTAN
Since July 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Uzbekistan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty in July 2019.
Coverage Horizontal
UZBEKISTAN
Since July 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Uzbekistan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in July 2019.
Coverage Horizontal
UZBEKISTAN
Reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that, despite the country continues to improve its copyright legal framework, there is a lack effective and transparent procedures to avoid piracy in relation to the use of software by the government.
Coverage Software
UZBEKISTAN
Since July 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law of the Republic of Uzbekistan on Copyrights and Related Rights - Act No. LRU-42 (Ўзбекистон Республикасининг Қонуни Муаллифлик Ҳуқуқи Ва Турдош Ҳуқуқлар Тўғрисида)
Uzbekistan has a copyright regime under the Act No. LRU-42. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. The exceptions are listed in Arts. 25-33 and include the reproduction of works for personal use, the free use of works indicating the name of the author, the use of works by reprographic reproduction, the free use of works permanently located in places open to the public, free public performance of works, the use of works for the purposes of pre-investigation checks, preliminary inquiries, preliminary investigations, administrative and judicial proceedings, free short-term recording produced by broadcasting organizations, free reproduction and adaptation of computer software or databases.
Coverage Horizontal
Source
UZBEKISTAN
Since May 1994, as amended in December 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Law of the Republic of Uzbekistan on Inventions, Utility Models and Industrial Desings Act No. 397-II (Ўзбекистон Республикасининг Қонуни Ихтиролар, Фойдали Моделлар Ва Саноат Намуналари Тўғрисида)
In accordance with Art. 35 of the Law No. 397-II, natural persons permanently residing outside the Republic of Uzbekistan or foreign legal entities shall perform legally significant actions in connection with patents through patent attorneys registered with the Agency for Intellectual Property under the Ministry of Justice of the Republic of Uzbekistan. Moreover, it is reported that, while Uzbekistan’s legal framework for patent protections is generally sufficient, enforcement remains one of the biggest challenges.
Coverage Horizontal
UZBEKISTAN
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Uzbekistan is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes. It should be noted that this treaty was signed in 1970, at a time when Uzbekistan was part of the Soviet Union. When Uzbekistan became independent, it issued the declaration of continued application and the date of entry into force was given as the date of independence, which is December 1991.
Coverage Horizontal
UZBEKISTAN
Since May 1994, as amended in December 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Law of the Republic of Uzbekistan on Inventions, Utility Models and Industrial Desings Act No. 397-II (Ўзбекистон Республикасининг Қонуни Ихтиролар, Фойдали Моделлар Ва Саноат Намуналари Тўғрисида)
In accordance with Art. 35 of the Law No. 397-II, natural persons permanently residing outside the Republic of Uzbekistan or foreign legal entities can only apply for patents of industrial property objects through patent attorneys registered with the Agency for Intellectual Property under the Ministry of Justice of the Republic of Uzbekistan. Also, it is reported that an application should be filed in the Uzbek or Russian language. If the application is filed in any other foreign language, the translation into Uzbek or Russian thereof should be provided within two months from the date of filing.
Coverage Horizontal