LEGAL PROTECTION OF TRADEMARKS ON DIGITAL PLATFORMS: THE ROLE OF THE NOTICE-AND-TAKEDOWN MECHANISM IN UZBEKISTAN’S LEGISLATION

Abstract

This thesis analyzes the role of the mechanism for notifying digital commerce platforms of trademark infringements and taking appropriate measures by the platform under the legislation of Uzbekistan. As the placement of product listings on digital platforms becomes easier, disputes concerning the unauthorized use of trademarks increasingly require prompt and well-founded decisions involving the platform, the rights holder, and the seller. The purpose of the study is to develop a legal approach that ensures, within a unified procedure, both the consideration of rights holders’ claims and the protection of sellers from unjustified restrictions.

The thesis provides a legal analysis of Uzbekistan’s legislation concerning trademarks and e-commerce and compares it with the notice-and-action procedure established under the European Union’s Digital Services Act. The analysis focuses on the content of the notice, the platform’s initial review, the justification of the decision taken, and the possibility for the dissatisfied party to file an objection. The applicable provisions establish the exclusive rights of trademark owners and the general obligations of e-commerce platform operators. At the same time, the thesis identifies that, within the scope of the provisions examined, there is no unified special procedure covering the process from the receipt of a trademark-related notice to the review of the platform’s decision. As a result of the study, a five-stage mechanism is proposed: submission of a clearly substantiated notice by the rights holder; preliminary verification of its sufficiency by the platform; selection of a proportionate measure based on the available evidence; communication of the reasons for the decision to the rights holder and the seller; and reconsideration of the decision based on additional evidence. In this regard, the mere display of a trademark in a product listing does not, by itself, establish an infringement: circumstances involving goods that have been lawfully placed on the market by the trademark owner or with the owner’s consent must also be taken into account. The proposed mechanism is intended to regulate the platform’s initial response and does not transfer from the courts to the platform the authority to make a final determination as to whether an infringement has occurred. Assessing its practical effectiveness requires a separate study.