FEATURES OF LEGAL PROTECTIONOF INTELLECTUAL PROPERTY IN BUSINESS

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 1 FEATURES OF LEGAL PROTECTIONOF INTELLECTUAL PROPERTY IN BUSINESS Y.M. Xodjiyev Candidate of Legal SciencesActing Associate Professor, Department of Civil Law Tashkent State University of Law [email protected] Abstract. This article discusses ways to protect the rights of intellectual property rights holders in business activities. The ways and methods of protecting trademarks and brand names are revealed International practice in the field of protection of intellectual property rights is also analyzed. Keywords: intellectual property; entrepreneurial activity; trademark; brand names; protection; methods of protection. Modern law fundamentally refrains from interfering in the “inner life” of an individual — just as it avoids intruding into the sphere of intimate relations between people. As long as a thought is not expressed, it simply does not exist for the law. A person cannot be forced to think or to create. One can only establish conditions that make thinking and creativity possible. Without certain conditions, such a possibility cannot arise. Yet the creative process itself always remains beyond the scope of legal regulation. “Law is powerless to set boundaries in spiritual production,” wrote Hegel [1, p. 2]. However, once the result of creativity acquires an objective form, legal norms come into effect which ensure public recognition of this result, establish the legal regime of the corresponding object, and protect the rights and lawful interests of its creator. The results of intellectual activity can become objects of legal relations only when they take an objective form that enables their perception by other people. Thus, an indispensable requirement for granting copyright protection is the external expression of an author’s idea in some objective form. At the same time, it does not matter whether an idea, image, or thought is fixed on a material medium or merely announced in a place where a significant number of persons outside the usual family circle are present. Until an author’s idea becomes accessible for perception by others, the object of protection simply does not exist. Only an objectively expressed result of intellectual activity can participate in International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 2 economic circulation, become a commodity, and function in the market. Such an object must and can be protected by the state, by society, and by the law. In recent times, Uzbekistan’s legislation governing relations in the field of intellectual property has undergone significant changes. The foundation of this legislation consists of international legal agreements to which Uzbekistan is a party. In this connection, it is essential to implement effective international legislation into the domestic legislation of the Republic of Uzbekistan that regulates relations concerning the creation and use of copyright objects, patent matters, and relations associated with the use of means of individualization of legal entities, know how, and other related issues. By the Decree of the President of the Republic of Uzbekistan dated 7 February 2017 No. UP-4947 “On the Strategy of Actions for the Further Development of the Republic of Uzbekistan,” the State Program for the implementation of the Strategy of Actions across five priority areas of development of the Republic of Uzbekistan for 2017–2021, within the framework of the “Year of Dialogue with the People and Human Interests,” was approved. In Chapter III, paragraph 146, among the priority areas of economic development and liberalization, the State Committee on Competition, the Uzstandard Agency, the Technical Regulation Agency, the Ministry of Justice, the Chamber of Commerce and Industry as well as relevant ministries and agencies are instructed to consider the further development of the protection of intellectual property and consumer rights, including: increasing the transparency of procedures for registering trademark rights, industrial designs and granting patents; ensuring international recognition of intellectual property rights registered in Uzbekistan; approving action programs against the production and distribution of counterfeit products; and reviewing standards (O‘zDSt) for compliance of quality and composition of ingredients with their names and brands. In this context, amendments were introduced into several laws of the Republic of Uzbekistan, specifically the Laws “On Inventions, Utility Models and Industrial Designs,” “On Trademarks, Service Marks and Appellations of Origin of Goods,” “On Copyright and Related Rights,” and “On Inventions, Utility Models and Industrial Designs.” Business entities in their commercial activities have the right to a trade name and in the production of goods the right to trademarks. However, at present, numerous violations of intellectual property rights continue International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 3 to be significant. In this regard, measures are being taken to strengthen the legal protection of entrepreneurs’ intellectual rights. Most often, violations in the field of intellectual property are associated with the use of trademarks on the Internet. The situation is further complicated by the fact that national legislation of different states provides differing regimes of legal protection, meaning that judicial disputes regarding intellectual rights to trademarks involving a foreign element are resolved differently in different jurisdictions. Another problem involves new methods of using trademarks on the Internet, primarily in mobile applications and on social networks [2, p. 78]. In civil legal relations, the protection of property and non-property rights primarily represents a requirement that the rights holder must be free to exercise their rights, respect the interests of the owner related to deriving income, and ensure that other persons do not encroach upon these rights. In turn, this implies the obligation of other persons to respect the rights of the right holder aimed at obtaining material income. Grounds for protecting the exclusive rights of a trademark holder include a set of non-property rights exercised in accordance with legislation. This condition is based on the premise that there are grounds for legal protection of a trademark, and it is subject to such protection. In the practice of applying legislation related to the legal protection of trademarks, in a number of cases, even registered trademarks protected by law may not be eligible for legal protection. These situations may include factors such as adverse effects of a trademark on the rights and interests of others, threats to state or public security, or violations of ethical norms. Methods of protecting absolute rights are understood as legal means, measures, and procedures ensuring recognition, observance, fulfillment, and monitoring of such rights, as well as their restoration in case of violation and the elimination of the consequences of such a violation. The scope of such methods, their types, and the procedure for their implementation are defined by law [3, p. 47]. Other scholars evaluate this concept as two distinct notions depending on the manifestation of certain characteristics. For example, according to E.P. Gavrilov, protection represents a general legal regime and is considered a measure implemented in cases of violations of rights or disputes [4, p. 50]. According to N.I. Matuzov, protection is carried out on a continuous basis and is applied in cases of rights violations [5, p. 55]. An examination of these concepts in the legislation of the Republic of Uzbekistan reveals that the terms “protection of rights” and “ensuring legal order” are treated as International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 4 having the same meaning. Article 1040 of the Civil Code of the Republic of Uzbekistan defines the protection of the exclusive rights of an individual to a trademark and specifies the methods by which such rights may be protected. These include: the seizure of material objects with which exclusive rights were violated and material objects created as a result of such violation. In the legal protection of trademarks in this manner, the products produced using the trademark may be seized both from the violator and third parties. In such cases, the third party has the right to file a recourse claim against the violator who manufactured the counterfeit or infringing goods. Mandatory publication of information regarding the violation, including the indication of the rightful owner of the infringed rights, is also required. At the request of the right holder, based on a court decision, information about the unlawful use of the trademark must be officially published, and the violator is obliged to comply with this requirement. Protection of a trademark may also be exercised by other means provided by law. However, it is required that actions taken for the legal protection of a trademark do not deviate from established commercial practices. Legal protection of a trademark varies depending on whether it is carried out under national or international legislation. Legal protection under national legislation is based on registration in accordance with Article 6 of the Law of the Republic of Uzbekistan dated August 30, 2001, “On Trademarks, Service Marks and Appellations of Origin of Goods,” as well as in accordance with international treaties of the Republic of Uzbekistan. International legal protection of a trademark is carried out under the Paris Convention for the Protection of Industrial Property, adopted on March 20, 1883, based on the Republic of Uzbekistan’s membership in the World Intellectual Property Organization on December 25, 1991. Legal protection of a trademark refers to the protection of a registered designation identical or confusingly similar to a trademark, as well as to a domain name, service mark, or appellation of origin, which is identical or confusingly similar to a previously registered trademark or other means of individualization. Alternatively, legal protection of trademarks may be understood as protection in situations where two similar but distinct trademarks are used simultaneously by different persons. Such protection also includes measures by customs authorities when importing or International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 5 exporting goods of the holder of absolute rights into or out of Uzbekistan. Protection by customs authorities is aimed not only at safeguarding the rights holder, but also internal production relations and the economic interests of the state. In legal practice, the number of cases involving counterfeit trademarks and their delivery to consumers by various means is increasing. The legal protection of a trademark should not be limited only to the relevant territory. For example, a trademark registered in Uzbekistan for the production of a certain type of goods (e.g., under the Nice International Classification of Goods and Services) may simultaneously be used in the United States for producing other goods or services or may be in circulation as a domain name. According to Article 1102 of the Civil Code of the Republic of Uzbekistan, a trademark is protected by law on the basis of its registration. From this article, it follows that an unregistered mark is not protected by law. For instance, if a mark belonging to Person A is identical or confusingly similar to a mark belonging to Person B, Person A does not have the right to demand that Person B cease using the mark. However, if Person A used the mark under proper registration, then Person A would have the right to demand that Person B discontinue use of the relevant trademark. The first condition of legal protection of a trademark is protection against designations similar to the trademark itself. Legal protection of a trademark refers to relations concerning the use of identical or similar designations by the holder of exclusive rights in commercial relations. A trademark is protected by law when a person demands that another person who is unfairly using the trademark cease such use. Unintentional use of a trademark by another person, which previously held priority status under civil law, cannot be considered an infringement of the exclusive rights holder. Naturally, in such a case, the holder of absolute rights has no right to demand compensation for damages caused by the violator. If an unfair user of the trademark knows that the trademark belongs to another person, the right holder has the right to demand compensation for the damages caused. Legal protection of a trademark is ensured through civil, administrative, and criminal law methods. Since issues related to the legal protection of trademarks are a subject of civil law, the focus below is on civil-law methods of protection. Protection of industrial and commercial intellectual property objects registered in the United States is carried out in the following areas: the right holder may prohibit the cross-border movement of goods using their technologies and developments — such a International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 6 prohibition is recorded in the registry, and customs authorities are authorized to seize transported products; even upon identifying a threat of rights violation, the patent or certificate holder may submit a written demand prohibiting unlawful use of the technology and seeking compensation for damages; objections may be filed with the judicial authorities regarding the registration of rights to related technologies, termination of licensing agreements, compensation for damages, or recovery of monetary penalties; law enforcement agencies in the United States are vested with powers to initiate criminal proceedings on their own initiative or upon request of the right holder. Even when authorization is granted by the right holder, the use of an intellectual property object may still be considered an infringement. This occurs in cases of unfair use or when a temporary holder discloses commercial or confidential information to third parties.For the duration of judicial proceedings, counterfeit goods will be confiscated as a provisional measure. Lawenforcement and customs authorities of the United States may do this even in the absence of an application from the right holder. Through such measures, damages are compensated and fines are paid to the U.S. budget if the violation is confirmed in court [8, p. 2]. Civil-law protection of a trademark is related to the fact that a person whose rights have been violated has the right to demand compensation for the harm caused by the infringer or to warn the infringer against repeating such actions due to the violation of rights or because such actions create obstacles to the exercise of those rights. Methods of legal protection of a trademark consist of a set of measures aimed at safeguarding the trademark of the holder of exclusive rights from unfair actions by other persons. According to O. Okyulov, methods of protecting absolute rights may be understood as legal means, measures, and procedures ensuring the recognition, observance, implementation, and protection of such rights by all, as well as their restoration in the event of violation and the elimination of the consequences of such violation [6, p. 107]. Legal protection of trademarks is accomplished by the following methods. First, recognition of the right to the trademark. This method of trademark protection, being a means of individualization, demonstrates that other persons recognize and respect the rights of the holder of exclusive rights to this trademark on the basis of its registration. Recognition of an absolute right is the acknowledgement of the absolute rights of the right holder with respect to an object of intellectual property by third persons or by a International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 7 state body or court. This method may be used both when a dispute exists over the ownership of exclusive rights and when no such dispute exists—for example, to confirm that the exclusive right has arisen and belongs to the right holder. Second, restoration of the situation that existed before the violation of the right to the trademark and prevention of actions that infringe or threaten to infringe the right. This method, used to protect the rights of the holder of exclusive rights to a trademark, is carried out by the right holder and by the competent state body. This method of legal protection includes two aspects: the first consists of restoring the condition of the trademark prior to the violation of its rights, and the second consists of preventing actions that infringe or threaten to infringe those rights. Third, recognition of a contract as invalid and application of the consequences of its invalidity. Application of the consequences of invalidity of a transaction means that, once a licensing agreement for a trademark is declared invalid, such agreement becomes void and the unrelated party must cease using the trademark. Protection of the rights of the holder of exclusive rights by compensation of damages caused by the infringer for unlawful use of a trademark is one of the most common methods in civil legal relations. According to the Law of the Republic of Uzbekistan “On Trade Names,” a trade name is the individual designation of a legal entity—a commercial organization—the exclusive right to which arises at the moment of its state registration. Accordingly, after state registration, business entities acquire an exclusive right to their trade name. Legal protection of a trade name is granted from the moment of state registration of the legal entity; for a foreign legal entity, legal protection is granted from the date it begins conducting business activities as a participant of civil commerce within the territory of the Republic of Uzbekistan. In these cases, the fundamental conditions of legal protection of a trademark are implemented in accordance with the relevant international legal instruments to which Uzbekistan is a party. List of References Cherkasova, O. V. Protection of Intellectual Property: Textbook.O. V. Cherkasova. – Ekaterinburg: Ural University Publishing House, 2017. – 102 p. Demyanets, M. V. Entrepreneurial Activity on the Internet: Monograph / M. V. Demyanets, V. M. Elin, A. K. Zharkova. – Moscow: Yurkompani, 2014. – 440 p. Okyulov, O. Intellectual Property Law: General Rules and Special Objects/ O. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 8 Okyulov. – Tashkent: Tashkent State Institute of Law, 2003. – 47 p. Gavrilov, E. P. Commentary on the Law on Copyright and Related Rights/ E. P. Gavrilov. – Moscow, 1996. – 489 p. Matuzov, N. I. The Legal System and the Individual/ N. I. Matuzov. – Saratov, 1987. – 214 p. Okyulov, O. Theoretical and Practical Problems of the Legal Status of Intellectual Property/ O. Okyulov. – Tashkent: TSIL, 2004. – 107 p “Protection of Intellectual Property in the USA.”Agency for Intellectual Property Protection “Prof-Patent.”URL: https://prof-patent.ru/91zashhita-intellektualnojsobstvennosti-v-ssha-osobennosti.html (accessed: 02.05.2024).