Trademark Enforcement Patterns in Uzbekistan
Over the past years, Uzbekistan has undergone dynamic transformations in the field of intellectual property, with trademark protection emerging as one of the most actively reformed and practically enforced areas. The country has prioritized modernization of its trademark system, strengthened IP governance, and expanded enforcement capacity across administrative, customs and criminal frameworks. These reforms reflect a broader policy shift toward strengthening legal certainty, improving investment attractiveness and aligning national regulation with international standards, including in the context of Uzbekistan’s ongoing accession to the World Trade Organization.
Reforms took place as well in regard to institutional aspects – Ministry of Justice now plays a decisive role not only in trademark examination but also in supervision, investigations and enforcement actions. Additionally, digitalization has played a crucial enabling role. The transition to fully digital procedures – online filing systems, electronic fee payments and fully digital trademark certificates with QR verification, has significantly streamlined user experience and reduced procedural barriers.
These reforms have coincided with a sharp increase in trademark filings, particularly by foreign rights holders, who now account for a substantial share of applications. For trademark owners, this shift signals that Uzbekistan is no longer merely a registration jurisdiction, but an enforcement-ready market, where proactive planning and structured protection strategies are increasingly essential.
Role of the Ministry of Justice
One of the most practically significant developments in Uzbekistan’s trademark landscape has been the institutional and functional empowerment of the Ministry of Justice. Beyond its traditional role in trademark examination and trademark registry maintenance, the Ministry has been granted independent supervisory and enforcement authority within the scope of intellectual property protection.
The Ministry is now vested with independent authority to identify trademark infringements, request and review documentation, conduct on-site inspections and seize (arrest) counterfeit goods, packaging, labels and related materials.[1] Importantly, inspections may also be initiated upon request of the rights holder, which provides brand owners with a direct administrative enforcement channel.[2]
In practice, the Ministry increasingly operates as a results-oriented enforcement authority, rather than a purely regulatory institution. Enforcement efforts focus not only on individual acts of infringement but also on broader counterfeit distribution networks, particularly in sectors where violations are systematic. The ability to act independently, without procedural delays caused by inter-agency approvals, has significantly improved enforcement speed and effectiveness.
For trademark owners, this shift has important strategic implications. Effective protection increasingly depends on the ability to engage with the Ministry in a timely and structured manner. Rights holders who are prepared to submit clear evidence, articulate enforcement requests and coordinate follow-up actions are more likely to achieve tangible outcomes, including seizure and removal of infringing goods.
Core Trademark Enforcement Tools
Uzbek trademark law provides rights holders with a broad range of enforcement mechanisms. However, enforcement practice demonstrates that the effectiveness of these tools depends less on their formal availability and more on how they are combined and sequenced in practice.
Cease-and-Desist Measures
In many cases, infringement is addressed at an early stage through administrative measures, including warnings, orders to cease unlawful use, and seizure of infringing goods. These measures are particularly effective where infringement is visible, ongoing and localized. Administrative intervention allows authorities to disrupt infringing activity swiftly and often achieves compliance without escalation. For rights holders, initiating administrative enforcement can serve as a strategic first step, particularly where the objective is rapid market correction rather than long-term litigation.
Seizure and Destruction
Recent legislative amendments strengthened the ability of authorities to order mandatory destruction of counterfeit goods, packaging, labels and means of production. In practice, this has become one of the most impactful enforcement tools, as it eliminates the economic incentive behind counterfeiting rather than merely imposing financial penalties. In practice, destruction orders are increasingly applied following inspections conducted by the Ministry of Justice.
This measure is especially relevant in cases involving repeated infringement or organized counterfeit operations. From a strategic perspective, rights holders should prioritize remedies that result in physical removal and destruction, rather than relying solely on fines, which may be treated by infringers as a cost of doing business.
Judicial Protection
Court proceedings remain essential in complex disputes, particularly those involving trademark validity, non-use cancellation, contractual disputes or parallel imports. Moreover, judicial protection becomes particularly relevant when it comes to perpetrator’s unwillingness to cooperate at the negotiation stage or even after the issuance of relevant order by the Ministry of Justice.
Litigation ensures compulsory compliance and legal finality. However, in practice, judicial proceedings are most effective when used as part of a broader enforcement strategy that includes administrative and customs measures, rather than as a standalone response.
Statutory Compensation
Article 26 of the Law “On Trademarks, Service Marks and Appellations of Origin” introduces statutory compensation as an independent form of civil liability. Instead of proving actual damages, the trademark owner may claim compensation ranging from 20 to 1,000 base calculation units, with the amount determined based on the nature of the infringement, the degree of fault and business customs. Compensation is payable regardless of whether actual losses are proven, which significantly reduces evidentiary burdens. Courts may determine the amount if the parties do not reach agreement.
From a strategic standpoint, statutory compensation has reshaped enforcement planning. In counterfeiting cases, infringers often operate informally, conceal financial records or lack reliable accounting documentation. Under these circumstances, proving actual damages can be impractical. Statutory compensation allows rights holders to bypass this obstacle and focus enforcement efforts on establishing the fact of infringement rather than quantifying losses.
For trademark owners, the availability of statutory compensation makes civil enforcement more predictable and cost-effective, particularly when combined with administrative seizures and destruction of infringing goods.
Criminal Liability for Trademark Infringement
In 2025, Uzbekistan introduced criminal liability for serious trademark infringements, including counterfeiting and repeated violations causing substantial harm.[3] Sanctions include fines ranging from 50 to 150 of the base calculation units, correctional labor or liberty restriction for up to 3 years. Criminal enforcement is primarily applied in cases involving organized counterfeiting, large-scale distribution networks and repeated offenders.
These amendments represent not only a strengthening of national enforcement but also a key step toward compliance with the TRIPS Agreement – a prerequisite for Uzbekistan’s accession to the World Trade Organization (WTO). Namely, TRIPS Agreement mandates criminal liability for deliberate trademark infringement on a commercial scale.[4]
Criminal enforcement is not intended for routine disputes. In practice, it is applied primarily in cases involving organized counterfeit operations, large-scale distribution networks and repeat offenders. However, the possibility of criminal liability introduces a powerful deterrent effect and provides rights holders with additional leverage in negotiations and enforcement actions. For brand owners, while not appropriate in every case, its availability strengthens the overall enforcement framework and increases the cost of non-compliance for infringers.
Border Measures
To reinforce protection against counterfeit imports, trademark owners may record their registered marks in the Customs Register maintained by the State Customs Committee of Uzbekistan. Сustoms recordal serves as a preventive enforcement tool, enabling the interception of infringing goods at the border, thereby addressing trademark violations at the earliest possible stage.
Under Uzbek law, customs authorities are vested with “ex officio” powers, allowing them to independently suspend the release of goods suspected of IP infringement for up to ten working days without a prior complaint from the rights holder. Where a recorded trademark is involved, customs authorities are required to notify the trademark owner within one business day, enabling the prompt initiation of legal or administrative action. In the absence of any response, the authorities may act accordingly even without a prior request from the rights holder and forbid the importation.[5]
These border measures are particularly effective in sectors highly exposed to counterfeiting risks, including pharmaceuticals, electronics, cosmetics, apparel and consumer goods. For rights holders operating in these sectors, customs recordal is not merely a supplementary measure but a core element of risk management. Strategically, customs enforcement allows brand owners to prevent infringing goods from entering the market rather than attempting to remove them after distribution has occurred.
Parallel Imports
Currently, the legislation of the Republic of Uzbekistan does not provide for direct regulation of parallel imports. Instead, since 2017, the country has applied a trademark rights exhaustion regime[6], meaning that genuine goods placed on the market by the trademark owner, or with their consent, may be imported into the country without authorization from the rights holder.
However, the legislation does not clearly define whether exhaustion is national or international, leaving room for interpretation. Courts have occasionally accepted arguments favoring international exhaustion, while competition authorities have tended to apply a more restrictive approach in favor of national principle. This ambiguity creates uncertainty for trademark owners seeking to control distribution channels.
In practice, trademark owners should anticipate limited control over downstream distribution and adopt a risk-based approach. Contractual safeguards, customs monitoring, conclusion of distribution agreements and market surveillance play a critical role in mitigating the impact of parallel imports. While complete exclusion of parallel imports may be difficult, strategic planning can reduce their disruptive effects.
Unfair Competition
In practice, the most common forms of trademark-related unfair competition in Uzbekistan are manifest through the use of similar trade dress or confusingly similar designations, creating a likelihood of consumer confusion.
Until October 2023, such conduct could be addressed under the Law “On Competition”, which expressly prohibited IP-related unfair acts and empowered the Antimonopoly Committee to intervene. Following legislative reform, all IP-related unfair competition provisions were removed and thus, newly formed Competition Promotion and Consumer Protection Committee (former Antimonopoly Committee) no longer has jurisdiction over IP matters.[7] As a result, trademark disputes, previously addressed through administrative competition proceedings, must now be pursued exclusively through trademark law mechanisms and the courts.
At the same time, despite the ongoing reforms, the Uzbek market continues to face structural challenges associated with the circulation of counterfeit goods and the persistence of bad-faith trademark filings, commonly referred to as trademark squatting. In practice, this involves attempts to register well-known or internationally recognized brands without authorization, with the aim of exploiting their reputation or leveraging registration for commercial or strategic advantage.
Therefore, the removal of IP-related unfair competition provisions from competition law may amplify these risks, as enforcement practice adjusts to the new legal framework and trademark disputes are fully absorbed into civil and administrative IP mechanisms. For manufacturers and service providers, this transitional phase underscores the importance of proactive trademark portfolio management, including early filings, systematic monitoring of new applications, and timely opposition or invalidation actions to mitigate the risks associated with bad-faith registrations.
Conclusion
Uzbekistan has reached a stage where trademark protection is increasingly practical rather than purely formal. Enforcement mechanisms are now more centralized and coordinated, combining civil, administrative, criminal and customs tools. While transitional challenges remain, particularly in the areas of unfair competition and parallel imports, the overall direction of regulatory and enforcement practice is becoming more consistent and predictable. This trajectory is further reinforced by Uzbekistan’s ongoing WTO accession process, which continues to drive legislative alignment with international intellectual property standards.
For trademark owners, Uzbekistan represents a jurisdiction in which enforcement is increasingly viable, provided that protection strategies are planned in advance and actively managed. Effective brand protection depends less on reactive litigation and more on early registration, systematic monitoring, use of customs mechanisms and coordinated engagement with enforcement authorities. Rights holders prepared to adopt a strategic approach can reasonably expect enforceable and sustainable outcomes in the Uzbek market.
Authors:
- Jamshid Agzamkhadjaev (Managing Partner, Settle Law Firm)
- Saida Djunaydullaeva (Junior Associate, Settle Law Firm)
References:
[1] President of the Republic of Uzbekistan, Decree No UP-80 (24 May 2024).
[2] Law of the Republic of Uzbekistan No 267-II (30 August 2001) art 37¹.
[3] Law of the Republic of Uzbekistan No ZURK-1080 (8 August 2025).
[4] Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (adopted 15 April 1994, entered into force 1 January 1995) art 61.
[5] Law of the Republic of Uzbekistan «On Amendments and Additions to the Customs Code of the Republic of Uzbekistan Aimed at Further Improvement of Customs Procedures» No. ZRU-913 (27 February 2024) art 382¹ para 1.
[6] Civil Code of the Republic of Uzbekistan, Part Two, adopted on 1 March 1997, Art. 11071.
[7] President of the Republic of Uzbekistan, Decree No UP-108 (6 July 2023).
SETTLE law firm - December 29 2025