Legal Protection of Software and Databases in Uzbekistan

The development of information technologies has led to the need for legal protection of the results of intellectual activity, in particular, computer programs (software) and databases. In Uzbekistan, relations in this field are regulated by the Law “On Legal Protection of Computer Programs and Databases” of May 6, 1994 (as amended, including the 2024 and 2025 editions). This article is devoted to the analysis of legal mechanisms for protecting software products and databases enshrined in national legislation, as well as their correlation with international standards.

Recognition of Software and Databases as Copyright Objects

According to Article 3 of the Law, computer programs and databases are recognized as objects of copyright regardless of their form of expression, purpose, or value. Protection covers:

• all types of computer programs, including operating systems and complexes;
• source code and object code;
• databases as a result of creative selection and arrangement of materials.

Protection does not extend to ideas and principles underlying programs or databases, programming languages, or algorithms.

Emergence and Content of Copyright

Copyright in a program or database arises by virtue of the mere fact of its creation and does not require state registration. Right holders are entitled to:

• Personal non-property rights (authorship, the right to be named as author);
• Exclusive economic rights, including the right to reproduce, distribute, modify, translate, publish, and otherwise use the work.

Economic rights may be transferred by contract or by inheritance. Special regulation is provided for works-for-hire, in which case the rights belong to the employer unless otherwise agreed.

Registration of Programs and Databases

Although registration is not a condition for the emergence of copyright, the Law provides for the possibility of official registration of programs and databases in the State Register of Software Products and Databases.

Registration is carried out by the Ministry of Justice of the Republic of Uzbekistan through the State Institution “Intellectual Property Center.” The applicant is issued an electronic certificate with a QR code, and the data are published in the official bulletin. Registration of agreements on the alienation of economic rights is also possible by mutual consent of the parties.

Free Use

The Law provides for a number of cases of free use of programs and databases without the permission of the right holder and without payment of remuneration:

• adaptation and recording into computer memory for the functioning of the program;
• making archival copies;
• decompilation for limited purposes of ensuring program interoperability;
• resale of lawfully acquired copies without the author’s consent.

These provisions are aimed at balancing the interests of right holders and users.

Protection of Copyright

Rights are protected through the courts. The Law entitles the right holder to demand recognition of the right, restoration of the situation that existed before the violation, compensation for damages, or payment of compensation in the amount of 20 to 1,000 basic settlement units. The court may order the confiscation and destruction of counterfeit copies, as well as the equipment used for their reproduction.

Violation of copyright entails administrative or criminal liability.

Rights of Foreign Persons

Foreign legal entities and individuals enjoy the same rights as citizens of Uzbekistan, or on the basis of reciprocity. This is in line with the country’s international obligations under the Berne Convention and WTO (TRIPS).

The Law “On Legal Protection of Computer Programs and Databases” is a key element of Uzbekistan’s legal system in the field of intellectual property. It protects the interests of developers and users of software products, creates legal conditions for the development of the IT sector, and promotes integration into the international legal environment. The latest editions of the Law take into account digital transformation, provide for electronic registration and publication of information, and strengthen liability for infringement of rights.

 

Rights and Obligations of Right Owners of Computer Programs (Software) and Databases

Category	Specific Rights and Obligations	Legal Basis
Personal Non-Property Rights	• Right of authorship (recognized for the creator of the program/database) • Right to be named (indication of the author’s name when used) • Right to integrity of the work (prohibition of distortion without consent)	Law “On Legal Protection of Computer Programs and Databases,” Art. 6; Law “On Copyright and Related Rights,” Arts. 10, 18
Economic (Exclusive) Rights	• Reproduction of a program or database • Distribution of copies (including sale, lease, rental) • Modification, adaptation, localization • Translation into other programming languages • Publication and making available to the public • Use in business turnover (including licensing)	Law, Arts. 6, 7, 11; Civil Code, Art. 1042
Registration Rights	• Right to official registration in the State Register of Programs and Databases • Obtaining an electronic certificate with a QR code • Making changes, clarifications, and corrections to the application before publication • Registration of agreements on alienation of rights	Law, Art. 9
Protection Rights	• Claiming recognition of authorship • Cessation of infringements and restoration of the situation existing before the infringement • Compensation for damages or recovery of statutory compensation (20–1000 basic units) • Requesting confiscation and destruction of counterfeit copies and equipment	Law, Art. 14; Civil Code, Arts. 14, 15; Copyright Law, Arts. 65–66
Obligations	• Ensure accuracy of information submitted for registration • Respect the rights of other authors (e.g., when creating derivative programs or databases) • Comply with agreements when transferring rights and using others’ works • Timely payment of state duty upon registration	Law, Art. 9; Civil Code, Art. 10; Copyright Law, Art. 34

 

Rights and Obligations of Users of Computer Programs (Software) and Databases

Category	User Rights	Restrictions and Obligations	Legal Basis
Right of Use	• Loading the program or database into computer memory for operation • Storing a copy on one computer or network for one user (unless otherwise provided by agreement)	• Use must correspond to the intended purpose • Use on more devices than agreed is prohibited without the right holder’s consent	Law, Art. 12
Right of Adaptation	• Making modifications necessary to ensure the functioning of the program or database in specific conditions	• Adaptation must not modify the author’s source code so as to create a new work without the author’s consent	Law, Art. 12
Right to Correct Errors	• Correcting obvious errors to ensure operability	• Structural modification to create derivative works is prohibited without permission	Law, Art. 12
Right to Make Archival Copy	• Making a copy for archival purposes or replacing a lost/damaged copy	• The copy may not be used for other purposes • Must be destroyed when lawful use ends	Law, Art. 12
Right of Decompilation	• Converting object code into source code to ensure compatibility with other programs	• Allowed only if necessary information is not otherwise available • Obtained information may not be used to create a similar program or infringe rights	Law, Art. 12
Right of Resale	• Reselling or transferring ownership after the first lawful sale	• Does not allow copying and distribution of new copies without permission	Law, Art. 13
Obligations		• Comply with license agreements and contracts • Do not distribute copies without authorization • Destroy archival copies upon loss of right to use • Respect the personal rights of the author	Law, Arts. 6, 12, 13