Liability for Violation of Trademark Law in Uzbekistan
On August 8, 2025, a law was adopted in the Republic of Uzbekistan aimed at strengthening measures for the effective protection of intellectual property owners’ interests and their legal rights.
Among other provisions, the Criminal Code of the Republic of Uzbekistan was supplemented with a new Article 149², which will enter into force on November 10, 2025.
Below is a comparative table of administrative and criminal liability for the unlawful use of trademarks, trade names, geographical indications, and appellations of origin of goods (AOG) under the legislation of the Republic of Uzbekistan.
|
Parameter |
Administrative Liability (Administrative Code, Art. 177) |
Criminal Liability (Criminal Code, Art. 149²) |
|
Object of Violation |
Third-party trademarks, service marks, geographical indications, appellations of origin, trade names |
Third-party trademarks, service marks, geographical indications, appellations of origin, trade names |
|
Acts Constituting the Offense |
Unlawful use of the above objects or confusingly similar designations |
Unlawful use of the above objects or confusingly similar designations resulting in major or especially major damage |
|
Damage Threshold for the IP Owner |
Not required |
Major damage: from 300 to 500 BCV (from $9,600 to $16,000) Especially major damage: over 500 BCV (over $16,000)
1 Base Calculation Value (BCV) = 412,000 UZS (approx. $32)
|
|
First Violation |
Fine from 15 to 30 BCV (from $480 to $960) + confiscation of the objects of violation |
- Fine from 50 to 100 BCV (from $1,600 to $3,200), or - Corrective labor up to 2 years, or - Restriction of freedom up to 2 years, or - Imprisonment up to 2 years
|
|
Repeated Violation within One Year |
Fine from 30 to 50 BCV ($960–$1,600) + confiscation of the objects of violation |
In case of repetition or other aggravating circumstances: - Fine from 100 to 150 BCV (from $3,200 to $4,800), or - Corrective labor from 2 to 3 years, or - Restriction of freedom from 2 to 3 years, or - Imprisonment from 2 to 3 years
|
|
Aggravating Circumstances |
Repeated offense within one year after an administrative penalty (fine) was imposed |
a) repetition within one year; b) commission by a group of persons by prior agreement; c) abuse of official position; d) especially major damage |
|
Confiscation |
Mandatory (objects of the offense) |
May be ordered within a criminal sentence |
|
Release from Liability |
Not provided |
Possible if: the crime was committed for the first time and the damage was compensated within 30 days after detection of the violation |
Additionally, the Law of the Republic of Uzbekistan “On Trademarks, Service Marks and Appellations of Origin of Goods” provides for the possibility of claiming damages (compensation) and imposing a fine for violation of the trademark owner’s rights.
|
Article of the Law |
Violation |
Liability |
Procedure |
|
Article 26 |
Unauthorized manufacturing, use, import, sale, storage, or introduction into commerce of a trademark or a confusingly similar designation. |
- Compensation for damages or compensation from 20 to 1000 BCV (from $640 to $32,000). - The amount is determined by agreement of the parties or by the court. |
Upon the owner’s request, through judicial proceedings.
Compensation may be awarded regardless of actual damages. |
|
Article 37-1 |
Unlawful use of a trademark, AOG, or confusingly similar designations for homogeneous goods. |
- Fine from 100 to 200 BCV (from $3,200 to $6,400). - The possibility to pay 70% of the amount and be released from the rest. |
The fine is imposed by justice authorities. |
Tashkent city, Uzbekistan
