On legal protection of programs for computers
and databases
Law of the Republic of Uzbekistan May 6, 1994 No. 1060-XII
The present document was amendment in accordance with
the Section II of the Law of the RUz dtd 05.04.2002,
Section II of the Law of the RUz No. 405-II dtd 30.08.2002
Preamble
Article 1. Basic notions
Article 2. International contracts and agreements
Article 3. Object of legal protection
Article 4. Conditions of recognition of the copyright for
computer programs or databases
Article 5. Validates of the copyright
Article 6. Authorship, personal and proprietary interests
Article 7. Transfer of proprietary interests
Article 8. Proprietary interests to the computer program or
database, created by way of fulfillment of the
official duties
Article 9. The right for registration
Article 10. Registration of the computer program or database
in other states
Article 11. Usage of the computer program or database by
agreement with the legal owner
Article 12. Free reproduction and adaptation of computer
program or database
Article 13. Free resale of a copy of the computer program or
database
Article 14. Protection of the copyright
Article 15. Infringement of the copyright
Article 16. Rights enjoyed by foreign legal and
physical persons
This Law regulates the relations connected with creation, legal
protection and usage of programs for computers and databases.
Relations in sphere of legal protection of programs for
computers and databases in the Republic of Karakalpakstan shall be also
regulated by the legislation of the Republic Karakalpakstan.
Article 1. Basic notions
1. Basic notions applied in this Law:
databases is the aggregate of data (for example: articles,
calculations), expressed in the objective form and systematized such way
these data could be found and processed with the help of computers;
(In edition with Point 1 of the Section II of the Law of the RUz
dtd 05.04.2002)
program for computers is aggregate of data and commands
expressed in the objective form and intended for functioning of
computers, computer networks and other computer means with the purpose
of reaching the some definite result; (In edition with Point 1 of the
Section II of the Law of the RUz dtd 05.04.2002)
initial text is the text written in some programing language
was not processed with the help of any compiler;
objective code is the program created as the result of
transformation of the initial text into computer code;
decompilation of a program for computers is the technical
method including transformation of objective code into initial text
with the purpose of studying and encoding of programs for computers;
adaptation of a computer program or database is entering of
additions, realized extremely with the purposes extremely of
maintenance of the computer program or a database in specific created
conditions, and not leading an opportunity of change (subsequently of
decompiling) of author's initial text;
updating (processing) of computer program or database is any
change, not being adaptation and leading changes of the initial text;
reproduction of a computer program or database is manufacturing
of one or more copies of a computer program or database in any material
form, and also their record in a computer memory;
distribution of a computer program or database is granting of
access to a computer program reproduced in any material form or
database, including network and different ways, and also by sale, hire,
lease, lending, including import for any of these purposes;
appearance (publication) of a computer program either database
is granting of copies of a computer program or database with the
consent of the author to a uncertain circle of persons (including by
record in a computer memory and issue of the printed text);
use of a computer program or database is appearance,
reproduction, distribution and other actions on their introduction in
economic circulation (including in the modified form). Transfer by mass
media of the messages about the issued computer program or database is
not recognized by use of a computer program or database.
The legal owners are author, his successor, and also any
physical or legal persons, which have exclusive personal and
proprietary interests, received in pursuance of the law or the
agreement.
Article 2. International contracts and agreements
If the international contracts or agreements of the Republic of
Uzbekistan stipulate other rules, than stipulated by this Law, rules
of the international contracts or agreements shall be applied.
Article 3. Object of legal protection
Computer programs and databases concern by this Law to the
objects of copyright.
The copyright is applicable to any computer programs and
databases considered to be the result of creative activity of the
author (co-authors) both issued and not issued, expressed in the
objective form, irrespective of their assignment and advantages;
(In edition with Point 2 of the Section II of the Law of the RUz
dtd 05.04.2002)
Legal protection granted by this Law:
is distributed on all kinds of computer program (including on
operating systems and program complexes) which can be expressed on
any programming language and in any form, including the initial text
and object code, and also on databases, representing result of creative
activity on selection and a data structure:
is not distributed to ideas and principles, underlying the
computer programs or a database or any their element, including on
ideas and principles of organization of the interface and algorithm,
and also programming languages.
Article 4. Conditions of recognition of the copyright to
computer programs or databases
The copyright to the computer programs and databases arises by
virtue of their creation. For a recognition and realization of the
copyright to the computer program either database registration or
observance of other formalities is not required.
The copyright to a database, consisting of materials (work),
not being objects of the copyright, belongs to the persons, creating a
database.
The copyright to a database, including materials, being objects
of copyrights of another person, is recognized under condition of
observance of the copyright to each of such materials.
The copyright to each of materials, included in a database, is
saved. These materials can be used irrespective of such database.
The copyright to a database does not interfere with other
persons to carry out independent selection and organization of
materials and products, included in this database.
The legal owner for the notification about the rights can,
since first issue of the computer programs or databases, to use a mark
of protection of the copyright, consisting of three elements: the
letter C in a circle or in parentheseses; the names (name) of legal
owner; year of the first issue of the computer program or database.
The copyright to the computer programs or databases is not
connected to the right of the property to their material carrier. Any
cession of rights to the material carrier does not entail transfer of
any author's competences to the computer programs or databases.
Article 5. Validates of the copyright
Validates of the copyright to the computer programs or the
databases, are determined according to the norms of the copyright,
stipulated by the legislation.
Article 6. Authorship, personal and proprietary interests
Authorship to the computer program or database, and also
personal and the proprietary interests of the author (authors) or other
legal owner are determined according to the current legislation. The
author (authors) of a computer program or database or other legal owner
possesses also the exclusive right to carry out and (or) to allow
realization of updating the computer program or database, including
transfer of a computer program or database, from one programming
language to another.
Article 7. Transfer of proprietary interests
The proprietary interests to a computer program or database
can be transferred completely or partially to another physical or
legal persons by agreement. The agreement consists in writing and
establishes the following obligatory conditions: volume and methods of
use of the computer program or database, order of payment and rate of
commission, currency of the contract.
Proprietary interests to the computer programs or databases
pass by right of succession in the statutory order.
Article 8. Proprietary interests to the computer program or
database, created by way of fulfillment of the
official duties
The proprietary interests to the computer program or database,
created by way of fulfillment of the official duties or under orders of
the employer, belong to the employer, if in the agreement between it
and author other is not stipulated.
The order of payment and rate of commission are stipulated by
the agreement between the author and employer.
In case if the organization or enterprise (irrespective of a
pattern of ownership), possessing proprietary interests to the computer
program or database, will be reorganized or liquidated, all proprietary
interests can be accordingly under the decision of court or a
liquidating commission is transferred to the author (authors), state or
other assignee.
Article 9. The right for registration and registration
of computer programs and databases.
The name of the Article in edition with Point 3 of the
Section II of the Law of the RUz dtd 05.04.2002
The right for registration of the computer program or the
databases is given to physical or legal persons of the Republic of
Uzbekistan, other states, having concerning them all personal and
proprietary interests or only by proprietary interests according to the
agreement. The legal owner directly or through the representative
registers in the State register of program products or State register
a database (further Register) computer program or database by
application to the State Patent Office of the Republic of Uzbekistan
(hereinafter referred to as the Patent Office). (In edition with
Point 3 of the Section II of the Law of the RUz dtd 05.04.2002)
The application for official registration of the computer
program or database (further - application for registration) should
concern to one computer program or one database. The rules of
registration of the application on registration are determined by
the Patent Office. (In edition with Point 3 of the Section II of the Law
of the RUz dtd 05.04.2002)
After receipt of the application for registration the the Patent
Office checks availability of the necessary documents and their
conformity to requests, rules. At the positive result of check the the
Patent Office introduces the computer program or database to the
appropriate Register, issues to the applicant the certificate for
official registration and publishes the items of information on the
registered computer programs and databases in the official report of the
the Patent Office. (In edition with Point 3 of the Section II of the Law
of the RUz dtd 05.04.2002)
Under the request of the Patent Office or under the own
initiative of applicant has the right before the publication of the
items of information in the official report to supplement, to specify
and to correct materials of the application. At the negative result of
check the Patent Office issues to the applicant the document, indicative
of refusal in official registration. (In edition with Point 3 of the
Section II of the Law of the RUz dtd 05.04.2002)
The order of official registration, the forms of the
certificates for official registration, structure of the data indicated
in them are established by the Patent Office. The Patent Office also
determines the list of the items of information, published in the
official report. (In edition with Point 3 of the Section II of the Law
of the RUz dtd 05.04.2002)
The agreement for complete concession of all proprietary
interests to the registered computer program or database is subject to
registration in the Patent Office. The contracts for transfer of
proprietary interests to the computer program or database can be
registered in the Patent Office under the agreement of parties.
(In edition with Point 3 of the Section II of the Law of the RUz
dtd 05.04.2002)
The items of information, entered in the Register, are
considered authentic until the converse is proved. The responsibility
for reliability of the indicated items of information is born by the
applicant.
The eight Part of Article 9 is stated in accordance
with Section II of the Law of the RUz No. 405-II
dtd 30.08.2002
Patent fees are levied for legal actions associated with the
registration of computer programs and databases and the registration of
agreements on the assignment of property rights to use computer
programs and databases. Patent fees are paid to the Patent Office.
Rates and terms of payment of patent fees, grounds for exemption from
their payment, fee cuts or their refund, as well a procedure for the
use of patent fees are specified by the Cabinet of Ministers of the
Republic of Uzbekistan.
Article 10. Registration of the computer program or database
in other states
Legal and physical persons of the Republic of Uzbekistan has
the right to register the computer programs or databases in other
states or to make their international registration.
The registration of the computer program or database in other
states by legal and physical persons of the Republic of Uzbekistan
comes true after application to the Patent Office. (In edition with
Point 4 of the Section II of the Law of the RUz dtd 05.04.2002)
Article 11. Usage of the computer program or database by
agreement with the legal owner
Usage of the computer program or database by other persons
(users) comes true on the basis of the agreement with the legal owner,
except cases, indicated in the Article 13 of this Law.
At sale to the computer programs and databases or granting to
the mass users of access to them application of the special order of
the conclusion of the agreements is possible, in particular, by an
exposition of the typical terms and conditions of contract on
transmitted copies the computer program and database.
Article 12. Free reproduction and adaptation of computer
program or database
Person lawful possessing a copy of the computer program or
database, has the right without reception of the additional sanction
of the legal owner to carry out any actions, connected to functioning
of the computer program or a database according to its assignment,
including record and storage in a computer memory, and also correction
of obvious errors. Record and storage in a computer memory are
admitted concerning one computer or one user in a network, if other is
not stipulated by the agreement with the legal owner.
Person legally possessing a copy of the computer program
or a database, has the right without the consent of the legal owner and
without payment of an extra fee (if other is not stipulated by the
agreement) to carry out the following actions: to adapt the computer
programs or databases; to produce or to entrust with manufacturing a
copy of the computer program or database provided that this copy is
intended only for the archival purposes and if necessary (in a case,
when the first copy of the computer program or database is lost, is
destroyed or has become unsuitable for use) for replacements is lawful
of a bought copy. Thus the copy of the computer program or database
cannot be used for other purposes, than it is indicated above, and
should be destroyed in case further use of this computer program or the
database stops to be lawful.
The third part in edition with Point 5 of the Section II of
the Law of the RUz dtd 05.04.2002
With a view to study the structure of computer program a
person who lawfully possesses a copy of such computer program may
decompile it, whether a written consent of the author or other
possessor of right is available or not, if:
information received as a result of decompilation and required
to interact independently of computer program, developed by the given
person, with other computer programs, is inaccessible from other
sources;
decompilation is carried out only with regard to such parts of
computer program that are required to organize such interaction;
the information received as a result of decompilation, can not
be used for the development, production or distribution of computer
program similar to decompiled computer program or to fulfil any other
action violating copyright.
Article 13. Free resale of a copy of the computer program or
database
Resale or transfer by a different way the property right
or other outstanding rights for a copy of the computer program or
database after the first sale or other cession of rights for this copy
is admitted without the consent of the legal owner and without payment
to him of an extra fee.
Article 14. Protection of the copyright
The author of the computer program or database and other legal
owners has the right to demand:
recognitions of rights;
restoration of the situation, existing before infringement of
the rights and cancellation of actions infringing the right or its
creating threat of infringements;
reimbursements of the caused losses, in a size of which the sum
of the incomes, wrongfully received by the infringer, is included;
payments by the infringer, taking profit, indemnification
instead of reimbursement of the caused losses in the sum determined at
the discretion of the appropriate court from twenty size up to thousand
size of a minimum wages;
undertaking of other measures stipulated by the acts, connected
to protection of their rights.
For protection of the rights the author of the computer program
or database and other legal owners can address to the appropriate
court.
The court can make a decision about confiscation of copies of
the computer program or database, made with infringement of the
copyright, and about their destruction. The materials and equipment,
used for reproduction of such copies of the computer program or a
database, under the decision of court can be transferred to the income
of the budget or claimant under his request on account of compensation
for damages.
Article 15. Infringement of the copyright
The default by the physical or legal person of requirements of
this Law concerning the exclusive rights of the legal owners is
the infringement of the copyright.
Issue under an another's name of the computer program or
database or illegal reproduction or the distribution of such products
entails administrative or criminal liability in the order, stipulated
by the legislation.
Copies of the computer program or database, manufacturing or
usage of which entails infringement of the copyright, are subject to
withdrawal in the order, stipulated by the legislation.
The Article 16 was supplemented in accordance with Point 6
of the Section II of the Law of the RUz dtd 05.04.2002
Article 16. Rights enjoyed by foreign legal and
physical persons
Foreign legal and physical persons enjoy rights stipulated by
the present Law on a par with legal and physical persons of the Republic
of Uzbekistan or on the ground of reciprocity principle.
The President of the
Republic of Uzbekistan I.Karimov
Preamble
Article 1. Basic notions
Article 2. International contracts and agreements
Article 3. Object of legal protection
Article 4. Conditions of recognition of the copyright for
computer programs or databases
Article 5. Validates of the copyright
Article 6. Authorship, personal and proprietary interests
Article 7. Transfer of proprietary interests
Article 8. Proprietary interests to the computer program or
database, created by way of fulfillment of the
official duties
Article 9. The right for registration
Article 10. Registration of the computer program or database
in other states
Article 11. Usage of the computer program or database by
agreement with the legal owner
Article 12. Free reproduction and adaptation of computer
program or database
Article 13. Free resale of a copy of the computer program or
database
Article 14. Protection of the copyright
Article 15. Infringement of the copyright
Article 16. Rights enjoyed by foreign legal and
physical persons
