Computer programs (software) and databases are among the most important intellectual property objects in the digital age. Their legal protection in Uzbekistan is regulated by the Law of the Republic of Uzbekistan “On Legal Protection of Computer Programs and Databases” (1994, as amended in 2024–2025), as well as the general provisions of the Civil Code and the Law “On Copyright and Related Rights.” Unlike patentable objects, the registration of programs and databases is of a declarative nature and serves as an additional guarantee of rights protection but is not a condition for the emergence of copyright.
Registration of computer programs and databases is an administrative procedure that:
Thus, registration performs a rights-protection and evidentiary function, facilitating dispute resolution and protection against unfair use.
Subjects Entitled to Registration
The right to register belongs to:
Registration can be carried out personally by the right holder or through a representative.
Registration Procedure
The law provides detailed regulation of the registration process:
The applicant has the right to clarify and supplement the materials before publication. In case of refusal, an official document is issued, which may be appealed.
Legal Significance of Registration
The registered information in the register is considered valid until proven otherwise. The presence of a certificate simplifies:
State Duty and Administrative Regulation
A state duty is charged for registration, the amount and payment procedure of which are established by law. The administrative regulation of registration is approved by the Cabinet of Ministers, ensuring uniformity of procedures.
International Aspect
Uzbekistan participates in international treaties (the Berne Convention, the WIPO Copyright Treaty), which allows right holders to protect their programs and databases abroad. Article 10 of the Law expressly provides for the possibility of registration in other countries or international registration.
Registration of computer programs and databases in Uzbekistan is an effective tool for strengthening legal protection, especially in the context of the digital economy and cross-border software circulation. It plays a key role in the commercialization of intellectual results, reduces the risk of disputes, and creates a foundation for the development of the national ICT industry.
Stages of Registration of Computer Programs and Databases
|
Stage |
Actions |
Participants |
Terms |
Result / Document |
Legal Basis |
|
1. Preparation of application |
Preparation of a set of documents: application, description of the program/DB, source code or fragments, information about the right holders, receipt of state duty payment. |
Right holder (author, legal entity, representative) |
Before filing |
Complete package of documents |
Art. 9 of the Law; Administrative Regulation |
|
2. Submission of application |
Submission electronically or in writing to the Ministry of Justice (Intellectual Property Center). |
Right holder or representative |
At the applicant’s discretion |
Registration of incoming number |
Art. 9 of the Law |
|
3. Formal examination |
Verification of the presence of all documents and their compliance with the established requirements. |
Intellectual Property Center under the Ministry of Justice |
10 working days |
Conclusion of compliance/non-compliance |
Art. 9 of the Law |
|
4. Correction of deficiencies (if necessary) |
Supplement, clarify, or correct application materials before publication of information. |
Right holder |
Upon request of the Center or at own initiative |
Updated application |
Art. 9 of the Law |
|
5. Entry into the State Register |
Inclusion of information about the program or database in the relevant register. |
Ministry of Justice |
After positive examination |
Entry in the State Register |
Art. 9 of the Law |
|
6. Issuance of certificate |
Generation of electronic certificate with a unified QR code, sending to the applicant. |
Ministry of Justice |
Immediately after registration |
Official registration certificate |
Art. 9 of the Law |
|
7. Publication of information |
Publication of information about registered objects in the official bulletin of the Ministry of Justice. |
Ministry of Justice |
After registration |
Publication |
Art. 9 of the Law |
|
8. Registration of contracts (at the parties’ request) |
Registration of agreements on the alienation of proprietary rights. |
Parties to the contract, Ministry of Justice |
As necessary |
Entry in the register about the contract |
Art. 9 of the Law |
|
9. Appeal of refusal (in case of negative decision) |
Filing a complaint or appeal to the court. |
Right holder |
Within procedural terms |
Decision to cancel the refusal/confirm refusal |
CPC, EPC, Art. 9 of the Law |
This table can serve as a practical guide for lawyers and developers, as well as an illustration in a scientific article or training manual.
Types of Liability for Violations of Rights to Computer Programs and Databases
|
№ |
Type of Violation |
Violator |
Type of Liability |
Measures / Sanctions |
Legal Basis |
|
1 |
Illegal reproduction of a computer program or DB (pirate copying) |
Natural and legal persons |
Civil |
Compensation for damages or payment of compensation (from 20 to 1000 basic calculation values); destruction of counterfeit copies; seizure of equipment |
Arts. 14–15 of the Law; Art. 65 of the Law “On Copyright”; Arts. 14, 204 CC |
|
2 |
Illegal distribution (sale, rental, online posting) |
Natural and legal persons |
Civil, Administrative |
Termination of distribution, seizure of copies, administrative fine under CAO, compensation to right holder |
Art. 15 of the Law; Art. 62 of the Law “On Copyright”; Art. 155 CAO |
|
3 |
Publication under another’s name (plagiarism) |
Natural persons |
Civil, Criminal |
Restoration of authorship, compensation for damages; criminal liability (fine, corrective labor, imprisonment) |
Art. 15 of the Law; Art. 149 CC |
|
4 |
Unauthorized use of works-for-hire (created in the course of employment) |
Employer, third parties |
Civil |
Return of proprietary rights, payment of remuneration to the author |
Art. 8 of the Law; Art. 34 of the Law “On Copyright” |
|
5 |
Breach of license agreements (exceeding scope of use, installing on more machines than allowed) |
User (legal or natural person) |
Civil |
Termination of agreement, recovery of damages, penalties |
Arts. 7, 11 of the Law; Art. 42 of the Law “On Copyright” |
|
6 |
Evasion of state duty payment for registration or provision of false information |
Applicant |
Administrative |
Refusal of registration, cancellation of record in the register, fine |
Art. 9 of the Law; TC, CAO |
|
7 |
Creation and distribution of malicious modifications (viruses) based on another’s programs |
Natural persons, organizations |
Criminal |
Fines, corrective labor, restriction or deprivation of liberty depending on consequences |
Art. 15 of the Law; Arts. 278–280 CC |
|
8 |
Violation of copyright and related rights on a large scale (commercial piracy) |
Natural and legal persons |
Criminal |
Confiscation of carriers, fine, imprisonment for prescribed terms |
Art. 149 CC; Arts. 277–279 CC |
This table conveniently structures types of violations, mechanisms of liability, and legal consequences. It is useful both for scientific publications and for practicing lawyers when preparing claims, lawsuits, and complaints.