Legislative Implementation of Flexibilities - Uzbekistan

Title:	Article 32 of the Law on Inventions, Utility Models and Industrial Designs of 29/08/2002
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Article 32. Provision of the right to use industrial property subject matter

Any person who is not a patent owner shall be entitled to use industrial property subject matter protected by a patent only with the consent of the patent owner on the basis of a licensing agreement. A patent owner may submit to the Patent Office a request to grant any person the right to use industrial property subject matter (open license). In this case, the patent fee for maintaining the patent in force shall be reduced by 50 per cent from the year following that of publication of information concerning such a request by the Patent Office. A person who has expressed a desire to acquire an open license shall conclude with a patent owner an agreement to grant a non-exclusive license. Disputes relating to the conditions of an agreement shall be examined by the courts. A request by a patent owner for the grant of the right to an open license shall not be withdrawn. In the cases provided for by legislation, the Cabinet of Ministers of the Republic of Uzbekistan may permit the use of industrial property subject matter without the consent of the patent owner but with the payment of appropriate compensation thereto. If a patent owner is unable to use industrial property subject matter in connection with the fact that other protected subject matter, belonging to another natural or legal person, is used therein, he shall be entitled to demand from that person the grant of a license for the use of this subject matter on the conditions provided for by agreement.