Arbitration as a Mechanism for the Protection of Exclusive Trademark Rights: National and International Perspectives
Keywords:
trademark, counterfeit goods, parallel imports, arbitrationAbstract
This article provides a comprehensive legal analysis of trademark protection mechanisms and arbitration as an independent alternative dispute resolution mechanism in the Republic of Uzbekistan. Based on an examination of the current legislative framework, including the Law of the Republic of Uzbekistan “On Trademarks, Service Marks and Appellations of Origin,” the Law “On Arbitration Courts,” the Law “On International Commercial Arbitration,” the Civil Code, and the Code on Administrative Liability, the study identifies the key challenges arising in the enforcement of trademark rights. Attention is paid to the concepts of counterfeit goods and parallel imports, as well as to deficiencies in customs regulation and the operation of arbitration tribunals. Drawing upon a comparative legal analysis of the legislation of the Russian Federation, the United States, the Member States of the European Union, as well as Belarus, the Kyrgyz Republic, Estonia, China, and several other jurisdictions, the article proposes specific measures aimed at improving both the legal framework and enforcement practice in the field of trademark protection
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