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2THE ESSENCE AND NECESSITY OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY
Khujayev Sh.A.
Head of Intellectual Property Law Department at Tashkent state university of law https://doi.org/10.5281/zenodo.13629112
Abstract. In this article, the author analyses the concept and features of intellectual property. They explain that intellectual property refers to various results of intellectual activity, such as ideas, inventions, technology, literature, art, design, trademarks, and know-how. These items are protected by law and recognized as private rights, allowing owners to control how others use their creative or intellectual works. The protection of intellectual property is important because it promotes innovation and the development of culture and science. It also protects the interests of creators and inventors, ensuring that they receive proper recognition and compensation for their work. In conclusion, it has been emphasized the importance of legal protection for intellectual property.
Keywords: art, science, creativity, intellectual property, exclusive right, legal protection, constitutional guarantees, intangible asset.
Science and creativity are essential for the development and progress of the modern world. Scientists and creative individuals play a leading role in society, and their work can significantly impact the world around us. History has shown that discoveries such as the printing press, electricity, the telephone, radio, television, and the internet have all contributed to significant progress for humanity. As a result, supporting science and creativity and protecting the results of their work, or intellectual property, should be a priority for government policies.
Intellectual property has become an essential part of modern economic and cultural relations, playing a crucial role in promoting innovation and economic growth. In today's globalized world, where countries are increasingly interdependent, issues related to the legal regulation of intellectual property are of utmost importance.
The Republic of Uzbekistan, located at the crossroads of trade routes with a rich cultural heritage, is no exception to these trends. Over the past few years, the country has made significant efforts to improve its legal framework for intellectual property in order to safeguard the rights of creators and innovators, as well as to create a favourable environment for investment and technological advancement. Progress in science and technology is increasing rapidly, leading to a growing interest in intellectual activities. This contributes to economic growth and the meeting of society's needs. As a result, there is a need for the faster implementation of intellectual work.
People who generate new ideas seek to maximize the benefits of their efforts. However, many innovations remain secret, slowing down technological development. It is essential to consider this, based on historical examples such as the secrets of gunpowder and silk production.
In today's world, science and technology are crucial for economic development, and many countries strive to prioritize them. In today's era of rapid technological advancement, states' strategies focus on innovation, knowledge, and information at the expense of natural resource consumption. This means that intellectual property, beyond traditional tangible assets, must be included in enterprises' and organizations' fixed capital. Information society technologies offer the
opportunity to combine various skills and knowledge, making information and knowledge crucial factors in creating intangible value.
Intellectual property plays a significant role in the lifecycle of information and products, forming an integral part of the information exchange. Protecting intellectual property is essential to safeguard the economic interests of creators and producers of innovative goods and technologies. Inadequate protection can lead to a range of negative consequences, such as criminalization of society, increased unemployment, rising crime, and a loss of trust in business and advertising.
Considering the significance of science and creativity, the new Constitution of the Republic of Uzbekistan guarantees the protection of artistic works and intellectual property through legislation. Article 53 states that intellectual property is protected by law. This recognition acknowledges that intellectual property results from creative and innovative activity.
Intellectual property is the product of creative mental activity created by an individual. Since the end of the 19th century, it has acquired the status of an object subject to legal regulation.
Intellectual property encompasses a wide range of objects that belong to individuals or legal entities as civil rights. Legislation in almost all countries protects these objects from unauthorized use or introduction into the civil market by third parties.
According to the Civil Code of Uzbekistan and other relevant laws on intellectual property, use of these objects is permitted only with the permission of the creator or copyright holder, with some exceptions provided by law (e.g., for personal non-commercial use). It can be said that intellectual property is the result of a person's intellectual activity. Like traditional property, it requires recognition and protection from the state.
Intellectual property is a right that creative individuals and scientists often use to protect their creations. These creations can be in various fields, such as technology, literature, or art. Examples include the ballpoint pen invented by Laszlo Biro, Pirimkul Kadyrov's novel "Starry Nights" and Leonardo da Vinci's painting "Mona Lisa." Each of these authors contributed their unique creative vision and worked hard to bring their creations to life.
Intellectual property allows these creators to be recognized as the authors of their work and to profit from it. Therefore, it is an important right for individuals. In the memorial museum dedicated to the hero of Uzbekistan, Erkin Vohidov, there is a car among the exhibits. This car was acquired with funds obtained from royalties for the book "Mukhabbatnoma". This demonstrates that intellectual property not only brings fame, but also material benefits to its creator.
Intellectual property serves as a source of income, and it is therefore considered a promising form of income generation. For instance, the value of well-known brands such as Apple and Amazon exceed 300 billion dollars, while the fortune of J.K. Rowling, author of "Harry Potter", exceeds 1 billion dollars. These figures demonstrate that intellectual property has the potential to bring both fame and income to its creators. Therefore, protecting intellectual property rights serves as a guarantee of financial stability.
In certain cases, intellectual property can give prominence to certain goods and services. For example, many national brands have become protected due to their intellectual property status not only in Uzbekistan but also in foreign countries. Uzbek brands such as UZTEX, Crafers, and EVOS are protected as intellectual property in more than 10 foreign countries. This recognition of domestic brands abroad can help expand entrepreneurial activities and enter the global market.
Intellectual property also benefits the public. After all, inventions and scientific developments by scientists form the basis of progress that the public uses. It is difficult to imagine modern life without new technologies and gadgets, which are the result of creative activity. Works of literature and art, in turn, form a kind of cultural heritage for generations.
The importance of the constitutional and legal protection of intellectual property can be seen from several perspectives.
Firstly, intellectual property plays a significant role in the national economies of the world. According to the World Intellectual Property Organization, countries that have submitted more applications for inventions also lead in terms of gross domestic product (GDP) in terms of purchasing power parity, exceeding 25 billion US dollars. This category includes the Republic of Korea, China, Japan, Switzerland, Germany, Finland, the United States, Sweden, Denmark, the Netherlands, and other developed countries. In the United States alone, industries that use intellectual property account for approximately 40% of total GDP. Intellectual property also accounts for more than half of all US merchandise exports.
Significant work is also underway in Uzbekistan in this regard. Thanks to the support of science and innovation, Uzbekistan has improved its position in the Global Innovation Index by 40 places compared to 2015, ranking 82nd globally and fourth in the region by the end of 2023.
Considering the significant impact of intellectual property on a country's economy, efforts in this area acquire the character of a state policy. Many countries are paying attention to the innovative economy, which relies on intellectual property. As a result, in countries like Azerbaijan, Germany, Georgia, Latvia, the United Arab Emirates, Slovakia, and Estonia, protection of intellectual property is enshrined in their constitutions.
Secondly, intellectual property allows scientists and creative individuals to generate significant income. As a result, in Uzbekistan between 2018 and 2022, commercialization of scientific developments amounting to more than 455 billion soums was carried out. Additionally, thanks to intellectual property rights, many manufacturers have increased their export potential. For instance, the IPAK KO'CHAT KLASTER farm in Marhamat district, Andijan region, in 2022 entered into a five-year export contract with Kazakh private company ASVS Oil worth 2.5 million US dollars for supplying newly developed mulberry varieties. Therefore, the protection of intellectual property plays an important role in the development of science and creativity. Given this, the constitutional guarantee of protection for intellectual property has a positive impact on both the economy and scientific and technological advancement.
Thirdly, intellectual property creates and supports high-paying jobs. According to world practice, salaries in companies related to intellectual property are significantly higher than those in ordinary companies. For example, in the United States, employees in industries with intensive use of intellectual property earn on average 46% more than their counterparts in other industries.
State policy in the field of intellectual property plays a crucial role in creating a favourable environment for creativity and innovation. It promotes creativity, encourages innovation, and contributes to the economic growth of a country. This is why the Republic of Uzbekistan has developed and implemented a number of regulations in recent years to protect and promote intellectual property.
The main goals of state policy in this area are:
1. Protection of Intellectual Property Rights: The Plenum of the Supreme Court of the Republic of Uzbekistan emphasizes that the legal protection of intellectual property encompasses three key concepts:
- Recognition of these objects according to the law (i.e., public administration primarily aims to determine what is recognized as intellectual property).
- Granting by the state exclusive rights to authors and (or) copyright holders through legislative measures.
- Provision of adequate opportunities for protecting intellectual property by specifying ways and measures to safeguard intellectual property rights.
Overall, the goal of protecting intellectual property objects through state policy is evident in the issuance of security documents such as patents or certificates, through which the state grants intellectual property status through an authorized body.
2. Protection of Intellectual Property Rights. These measures are taken by the State or the copyright holder themselves to ensure that their exclusive rights are respected and protected from violation. The State provides protection through the development and enforcement of legal acts. Government agencies participate in protecting exclusive rights, responding to illegal use, and ensuring fair liability.
3. Stimulation of the Creation and Commercialization of Intellectual Property.
Government policy creates incentives and supports individuals in the creation of intellectual property objects. Opportunities are also created for the introduction and commercialization of these objects.
4. International Cooperation. The state not only ensures the protection of intellectual property within its borders, but also actively participates in international agreements and organizations such as the World Intellectual Property Organization (WIPO) to harmonize its laws in this field. Within the framework of its goal to join the WTO, collaboration in this area is particularly important.
An effective state policy in the area of intellectual property calls for a balanced approach that safeguards the rights of copyright holders while also promoting the accessibility of intellectual property for the public good.
The basic principles of state management of intellectual property.
Intellectual property management is based on several key principles that aim to strike a fair balance between the interests of individuals, society, and the state. The following principles can be identified:
- The principle of protection of intellectual property rights through legislation: Intellectual property rights are typically recognized as an essential civil right of individuals and are protected by law. In the Republic of Uzbekistan, for example, intellectual property protection is enshrined in the constitution.
- The territorial principle: Exclusive rights to intellectual property are typically limited to the state in which they are registered. This means that patents issued in one country are only valid within that country's borders.
- The principle of interdepartmental cooperation: Despite the presence of a state body authorized in the field of intellectual property, the field is large and complex, which is why several state bodies participate in it.
- The principle of openness in the activities of government bodies: Information about the powers and abilities of government bodies is clearly defined in legislation, and government bodies themselves carry out their activities openly and transparently.
- The balance between the interests of copyright holders and third parties: Laws, on the one hand, protect the exclusive rights of intellectual property holders, while on the other, they establish circumstances that allow the use of intellectual property objects. It is the state, through laws, that determines the limits and conditions for fair use (for example, personal use without generating income).
The activities of the World Intellectual Property Organization (WIPO) play a significant role in protecting intellectual property. Its history dates back to the conclusion of the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. These conventions established an "International Bureau" that was merged in 1893 and replaced by WIPO in 1970 based on the WIPO Convention.
The two main objectives of the World Intellectual Property Organization (WIPO) are to promote the protection of intellectual property worldwide and to ensure administrative cooperation among intellectual property unions established under the treaties administered by WIPO.
To achieve these goals, in addition to its administrative tasks, WIPO carries out a variety of activities, including:
- Regulatory activities, such as establishing norms and standards for protecting and enforcing intellectual property rights through international treaties.
- Programmatic activities, providing legal and technical assistance to states in the field of intellectual property.
- International classification and standardization activities, cooperating with intellectual property offices on documentation related to inventions, trademarks, and industrial designs.
- Registration and filing activities, including services related to international patent applications for inventions, and registration of trademarks and industrial designs.
It should be noted that the Convention establishing the World Intellectual Property Organization (WIPO) defines intellectual property as a set of rights. These rights apply to a variety of objects, including:
- Literary, artistic, and scientific works
- Performers, sound recordings, and broadcasts
- Inventions in all fields of human endeavour
- Scientific discoveries
- Industrial designs
- Trademarks, service marks, brand names, and commercial designations
- Protection against unfair competition
- Other rights related to intellectual activity in the industrial, scientific, and artistic fields
These rights are protected under the WIPO agreement.
In conclusion, it should be noted that intellectual property plays a crucial role in stimulating the development of science, creativity, economic growth, and competitiveness. Strengthening the protection of intellectual property and ensuring the rights of scientists and creators are essential for both individuals and society as a whole, as well as the state.
Therefore, it is necessary to carry out systematic and consistent efforts in this area through
public policy measures, including strengthening constitutional guarantees to protect intellectual
property rights.
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