Uzbekistán

I. Legislation

(8)(a) On August 18, 1993, Uzbekistan deposited a declaration of continuation the effect of which is that the Patent Cooperation Treaty (PCT) is applied by Uzbekistan. Nationals and residents of Uzbekistan can therefore file international applications, and Uzbekistan can be designated and elected in international applications filed from that date.

(b)

On September 29, 1992, the Assembly of the PCT Union adopted, with effect on October I, 1992, new Rules 32.1 and 32.2 of the Regulations under the PCT, concerning the extension of international applications to certain successor States.

(c)

For the purposes of determining the status of international applications with respect to Uzbekistan, one has to distinguish between

(i)

international applications designating the Soviet Union which were filed before December 25, 1991 (see (d), below);

(ii)

international applications-irrespective of the designations they contain-which were filed between December 25, 1991, and October 18, 1993 (see (e) to (g), below);

(iii) international applications specificallyI designating Uzbekistan filed on or after August 18, 1993 (see (h), below).

(d) As regards any international application whose international filing date is before December 25, 1991, and in which the Soviet Union has been designated, the "national filing effect" of any such application under Article 11(4) of the PCT will, pursuant to the deposit by

111 this announcement, an international application is regarded as "specifically" designating Uzbekistan either if Uzbekistan has been designated under Rule 4.9(a) of the Regulations under the peT or if the designation of Uzbekistan has been confirmed under Rule 4.9(c) of those Regulations.

(i)

if a patent for invention or an inventor's certificate has been granted by the Patent Office of the Soviet Union or by the Patent Office of the Russian Federation on the basis of the international application, the conditions referred to in paragraph (5), above, are applicable;

(ii)

if the applicant has entered the national phase before the Patent Office of the Soviet Union or the Patent Office of the Russian Federation but a patent for invention or an inventor's certificate has not been granted by either of those Offices, the conditions referred to in paragraph (7), above, are applicable, provided that the applicant files, before January 1, 1994, with the Uzbek State Patent Office, a request to the effect that the international application be further processed according to Uzbek legislation; the request must be accompanied by a copy of the Russian translation of the international application submitted to the Patent Office of the Soviet Union or the Patent Office of the Russian Federation as well as a declaration that the application is still pending before the Patent Office of the Russian Federation; however, where a decision to grant a patent has been issued, only the requirements referred to in paragraph (7), above, apply;

(iii) if the applicant has not entered the national phase before the Patent Office of the Soviet Union or the Patent Office of the Russian Federation and if the time limit for entering the national phase had not expired on December 24, 1991, the applicant must, before January 1, 1994, or, if Uzbekistan is elected under Chapter II of the PCT within 19 months from the priority date, before January I, 1994, or before the expiration of 31 months from the priority date, whichever is later, furnish to the Uzbek State Patent Office a translation of the international application into Uzbek or Russian and evidence that the prescribed fee (see paragraph (13), below) has been paid to the latter Office.

(e) As regards any international application whose international filing date is later than December 24, 1991, and earlier than October 19, 1993,2 its effects may be extended to Uzbekistan (irrespective of the designations it contains) through the performance by the applicant of the following acts:

2 With the exception of any such international application whose international filing date is on or after August 18, 1993, and in which Uzbekistan is specifically designated: in such a case, the procedure described in (e) to (g) is not applicable, and the procedure described in (h) applies. It should be noted that Uzbekistan can be specifically designated only in those international applications filed on or after August 18, 1993.

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(i)

filing a request for extension with the International Bureau of the World Intellectual Property Organization (WIPO);

(ii)

paying to the International Bureau of WIPO an extension fee of 185 Swiss francs, payable in Swiss francs.

(f)

The applicant in respect of each and every international application referred to in (e), above, or his agent or common representative if there is one, will receive a written notification from the International Bureau of WIPO drawing his attention to the fact that he can, by filing a written request for extension, extend the effects of the international application to Uzbekistan. The notification will, in particular, specify the modes of payment of the extension fee of 185 Swiss francs. The request for extension must contain the identification of the international application by its international application number. "\ form which may be used for the purpose of requesting vctension to Uzbekistan will be attached to the notification. The request for extension must be in English or French, and may be sent by telefax or telex. The request for extension and the corresponding payment must reach the International Bureau of WIPO before the expiration of three months from the date of the notification sent by the International Bureau of WIPO; if either the request or the fee is received later, the request will be refused. It is recommended that applicants await the notification from the International Bureau of WIPO and use the form attached to it, although requests and payments may be made without waiting for the notification from the International Bureau of WIPO.

(g)

If the conditions described in (e) and if), above, are fulfilled, Uzbekistan will be considered as having been designated in the international application on its international filing date. For entering the national phase before the Uzbek State Patent Office, the applicant must furnish to that Office, within the following time limit, both a translation of the international application into Uzbek or Russian and evidence that the prescribed fee (see para

Cfaph (13), below) has been paid:

(i)

before January 1, 1994, or before the expiration of 21 months from the priority date, whichever is later, if Uzbekistan is not elected under Chapter II of the PCT before the expiration of 19 months from the priority date and if item (iii) does not apply;

(ii)

before January 1, 1994, or before the expiration of 31 months from the priority date, whichever is later, if Uzbekistan is elected under Chapter II of the PCT before the expiration of 19 months from the priority date;

(iii) before January 1, 1994, or before the expiration of 31 months from the priority date, whichever is later, if a request for extension to Uzbekistan is made after, but the demand was made before, the expiration of 19 months from the priority date, and if a later election of Uzbekistan is made together with the request for extension or within three months from the date of request for extension.

(h)

As regards any international application whose international filing date is on or after August 18, 1993, and in which Uzbekistan is specifically designated, the applicant, in order to enter the national phase before the Uzbek State Patent Office, must furnish to that Office, within the following time limit, both a translation of the international application into Uzbek or Russian and evidence that the prescribed fee (see paragraph (13), below) has been paid to the said Office:

(i)

before the expiration of 21 months from the priority date if Uzbekistan is not elected under Chapter II of the PCT within 19 months from the priority date;

(ii)

before the expiration of 31 months from the priority date if Uzbekistan is elected under Chapter II of the PCT within 19 months from the priority date.

VII. Effects in Uzbekistan of International Registrations Under the Madrid Agreement Concerning the International Registration of Marks

(9)(a) On August 18, 1993, Uzbekistan deposited a declaration of continuation the effect of which is that the Madrid Agreement Concerning the International Registration of Marks is applied by Uzbekistan.

(b)

On September 29, 1992, the Assembly of the Madrid Union adopted, with effect on October 1,1992, a new Rule 38 of the Regulations under the Madrid Agreement, concerning the effect of international registrations in certain successor States.

(c)

Pursuant to the deposit of the declaration of continuation and to the decision of the Assembly, certain international registrations may have effect in Uzbekistan, subject to the conditions described below. The international registrations concerned are those which have a territorial extension to the Soviet Union effective from a date prior to September 1, 1991.

(d)

The conditions referred to above are the following:

(i)

the filing of a request with the International Bureau ofWIPO;

(ii)

the payment to the International Bureau of WIPO of a fee, the amount of which is 62 Swiss francs per international registration.

(e)

The owner of each and every international registration concerned, or his representative (if the owner has a representative whose name appears in the International Register), will receive a written notice from the International Bureau of WIPO calling his attention to the fact that he can, by filing a written request, obtain the continuation of the effect of the international registration in Uzbekistan. The notice will, in particular, specify the modes of payment of the fee. The request must contain the identifi-

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