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 and 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 and 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 and 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 Signature of the 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
UZBEKISTAN
Since December 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law on Investments and Investment Activity - No. LRU-598 (Ўзбекистон Республикасининг “Инвестициялар ва инвестиция фаолияти тўғрисида”ги қонуни)
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.
Coverage Horizontal
Sources
- https://www.lex.uz/docs/4664144
- https://lex.uz/docs/4598482
- https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://invest.gov.uz/investor/putevoditel-dlya-investora/
- https://lex.uz/ru/docs/4751834
- https://www.roedl.com/en-gb/de/media/publications/investment-guides/documents/investment-guide-usbekistan-roedl-partner.pdf
- https://www.state.gov/reports/2023-investment-climate-statements/uzbekistan/
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UZBEKISTAN
Since August 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Decree of the President of the Republic of Uzbekistan on measures for cardinal improvement of investment climate in the republic of uzbekistan - No. DP-5495 (Ўзбекистон Республикасида Инвестиция Муҳитини Тубдан Яхшилаш Чора-Тадбирлари Тўғрисида)
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).
Coverage Horizontal
Sources
- https://www.lex.uz/docs/4664144
- https://lex.uz/docs/4598482
- https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://invest.gov.uz/investor/putevoditel-dlya-investora/
- https://lex.uz/ru/docs/4751834
- https://www.roedl.com/en-gb/de/media/publications/investment-guides/documents/investment-guide-usbekistan-roedl-partner.pdf
- https://www.state.gov/reports/2023-investment-climate-statements/uzbekistan/
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UZBEKISTAN
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
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.
Coverage Horizontal
UZBEKISTAN
Since January 2021, last amended in November 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Resolution of the Cabinet of Ministers No. 41 on Measures to Support Local Producers (Vazirlar Mahkamasining qarori 41-son Mahalliy ishlab chiqaruvchilarni qo‘llab-quvvatlash chora-tadbirlari to‘g‘risida)
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.
Coverage Horizontal