Uzbekistan extends copyright to 70 years, offers statutory liquidated damages for copyright infringement and introduces a fast-track route for trademark registration

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Uzbekistan extends copyright to 70 years, offers statutory liquidated damages for copyright infringement and introduces a fast-track route for trademark registration

Uzbekistan extends copyright to 70 years, offers statutory liquidated damages for copyright infringement and introduces a fast-track route for trademark registration

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August 23, 2021

Back in May we reported about a draft bill in the Parliament of Uzbekistan. The bill has been approved as law now, effective since August 21, 2021 (the text in the Uzbek language is available here). Here are the key elements:

Extending the term of copyright protection from 50 to 70 years

In line with TRIPS requirements, the term of copyright protection is extended from 50 to 70 years (plus the life of the author). This adds an addition 20 years of protection for the current copyright rights.

Statutory liquidated damages for copyright infringement

Statutory liquidated damages are introduced for copyright infringement. The amount of statutory damages is between 20 and 1,000 times the basic calculation unit (approximately US$400 to US$20,000). This could become an important deterring factor in protecting and enforcing copyright, and preventing future infringements.

In court practice, the only alternative to the statutory liquidated damages is a claim for damages. However, this has not proven to be an efficient deterrent and remedy for infringement, as the courts have high expectations for the burden of proof and it is very challenging to prove the amount of damages to the satisfaction of the court.

The new statutory liquidated damages may add an efficient instrument to the copyright holders’ toolbox and could be a good starting point for ensuring an adequate remedy. We also expect this remedy to be extended to trademarks as well.

Fast-track route for trademark registration

The law introduces a fast-track option for trademark applications where the applicant filed the application with the preliminary search report. This could result in decreasing the registration time from an average of eight months down to three months.

The fast-track route may result in a number of significant improvements, such as shortening the time required for launching new products and entering the market, as well as preventing unfair competition.