Uzbekistan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty in July 2019.

Uzbekistan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in July 2019.

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.

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.

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.

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.

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.

Art. 46 of Law No. LRU-598 provides that the legislation may restrict or ban foreign investment in certain areas of the economy and the protection of public health, flora and fauna, the environment, and of national security interests. It is reported that the government may screen foreign investment, especially in strategic including the telecommunications sector, but the process for screening is not transparent.

According to Art. 6 of Decree No. 5495, the minimum size of the authorised capital of companies with foreign investment is 400 million soums (approx. 33.000 USD), while it was previously 600 million soums (approx. 48.500 USD).

Uzbekistan is not a party to the World Trade Organisation (WTO) Government Procurement Agreement (GPA). In fact, the country is not a member of the WTO.

Annex 3 of Resolution of the Cabinet of Ministers No. 41 establishes the procedure for granting preferences to goods and services of local production in public procurement. Clauses 4-6 provide that price preference for local producers is applied if two or more local producers, along with foreign suppliers, participate in a tender. The price preference shall be provided in the amount of 15% for each lot and shall apply to economic entities engaged in industrial production and provision of services in Uzbekistan.

Foreign investors have reported that there is a lack of transparency of bureaucratic procedures for public procurement.

Uzbekistan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, Uzbekistan is not a member of the WTO.

Annex 2 of Resolution of the Cabinet of Ministers No. 41 bans import of 529 categories of goods and certain services through public procurement processes. The list currently includes household electrical appliances.