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 the effective protection of trade secrets.
Coverage Horizontal
UZBEKISTAN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Uzbekistan's law and jurisprudence.
Coverage Internet intermediaries
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 practised in the mobile sector based on commercial agreements.
Coverage Telecommunications sector
UZBEKISTAN
Reported in 2022, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
User identity requirement
It is reported that to become a registered user in online forums, individuals must provide personally identifiable information. Individuals are increasingly encouraged to register with their real names to participate in discussion forums such as the state-run Uforum.
Coverage Online forums
UZBEKISTAN
Reported in 2022
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Prohibition of ownership and operation of an international gateway
Foreign operators are reportedly not permitted to own or operate an international gateway. The ownership and operation of international gateways are monopolised by Uzbektelecom, a state-controlled entity.
Coverage Telecommunications sector
UZBEKISTAN
Reported in 2019, last 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 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 Licensing 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://web.archive.org/web/20231222235641/https://freedomhouse.org/country/uzbekistan/freedom-net/2023
- https://web.archive.org/web/20240415091929/https://lex.uz/ru/docs/-5870213
- https://web.archive.org/web/20221217020022/https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://digital.gov.uz/en/pages/licensing/
- https://web.archive.org/web/20231210164325/https://www.trade.gov/country-commercial-guides/uzbekistan-licensing-requirements-professional-services
- https://web.archive.org/web/20231226212607/https://opennet.net/research/profiles/uzbekistan
- Show more...
UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (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 Presence of an independent telecom authority
Lack of an independent telecom authority
The country's telecommunications authority is the Ministry for Development of Information Technologies and Communications of the Republic of Uzbekistan (MiTC). As a result, the authority lacks independence in its decision-making, and reports suggest that its operations are conducted with limited transparency.
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, systematised, 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://web.archive.org/web/20231211063227/https://lex.uz/docs/4396428
- https://web.archive.org/web/20241204155237/https://www.dataguidance.com/notes/uzbekistan-data-transfers
- https://web.archive.org/web/20231205153909/https://www.dlapiperdataprotection.com/index.html?t=collection-and-processing&c=UZ
- https://web.archive.org/web/20240107144637/https://www.loc.gov/item/global-legal-monitor/2021-05-07/uzbekistan-new-requirements-for-uzbek-citizens-personal-data-localization-enter-into-force/
- https://web.archive.org/web/20240413035351/https://uzbekistanlawblog.com/data-protection-in-uzbekistan-challenges-and-opportunities/
- Show more...
UZBEKISTAN
Since July 2019, entry into force in October 2019, last amended in 2023
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law of the Republic of Uzbekistan on Personal Data - Act No. ЗРУ-547 (Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
In accordance with Art. 15 of the Law on Personal Data, cross-border transfers of personal data can be carried out when a foreign state ensures adequate protection for the rights of the subjects of personal data. In the absence of such protection, the cross-border transfer of personal data is allowed in the following cases:
- the data subject has consented to the cross-border transfer of their personal data;
- there is a need to protect constitutional order, public order, the rights and freedoms of citizens, or the health and the morals of the population; or
- it is stipulated by international treaties.
The transfer of personal data may be prohibited or restricted in order to protect the constitutional system of the Republic of Uzbekistan, the rights and legitimate interests of citizens, or to ensure the security of the State.
- the data subject has consented to the cross-border transfer of their personal data;
- there is a need to protect constitutional order, public order, the rights and freedoms of citizens, or the health and the morals of the population; or
- it is stipulated by international treaties.
The transfer of personal data may be prohibited or restricted in order to protect the constitutional system of the Republic of Uzbekistan, the rights and legitimate interests of citizens, or to ensure the security of the State.
Coverage Horizontal
Sources
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 Designs Act No. 397-II (Ўзбекистон Республикасининг Қонуни Ихтиролар, Фойдали Моделлар Ва Саноат Намуналари Тўғрисида)
In accordance with Art. 35 of 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 protection 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 (PCT)
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 when Uzbekistan was still part of the Soviet Union. Upon gaining independence, Uzbekistan issued a declaration of continued application, with the date of entry into force set as December 1991, corresponding to the country's independence.
Coverage Horizontal
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 organisations, free reproduction and adaptation of computer software or databases.
Coverage Horizontal