Issues of Implementation of Article 10bis Of the Paris Convention into National Legislation

Abstract

This article examines the issues related to the implementation of Article 10bis of the Paris Convention (1883) into national legal systems, with a particular focus on the legislation of the United States and the Republic of Uzbekistan. Special attention is given to the analysis of the principle of “effective protection against unfair competition,” its substance, and the challenges of its implementation under contemporary conditions. A comparative analysis is conducted of the legislative approaches currently in force in the United States (Lanham Act, Sherman Antitrust Act, Federal Trade Commission practice), the European Union (TFEU, EU Directives), Japan (UCPA), and Uzbekistan (the 2023 Law “On Competition”). The article identifies existing enforcement issues related to digital platforms, the use of artificial intelligence, transnational cases of unfair competition, and the regulation of commercial data. The study substantiates the need for further modernization of legislation to ensure comprehensive legal protection in line with international standards under the Paris Convention.

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Adashov Khojiboy Khusanovich. (2025). Issues of Implementation of Article 10bis Of the Paris Convention into National Legislation. International Journal Of Law And Criminology, 5(06), 44–50. https://doi.org/10.37547/ijlc/Volume05Issue06-10
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Abstract

This article examines the issues related to the implementation of Article 10bis of the Paris Convention (1883) into national legal systems, with a particular focus on the legislation of the United States and the Republic of Uzbekistan. Special attention is given to the analysis of the principle of “effective protection against unfair competition,” its substance, and the challenges of its implementation under contemporary conditions. A comparative analysis is conducted of the legislative approaches currently in force in the United States (Lanham Act, Sherman Antitrust Act, Federal Trade Commission practice), the European Union (TFEU, EU Directives), Japan (UCPA), and Uzbekistan (the 2023 Law “On Competition”). The article identifies existing enforcement issues related to digital platforms, the use of artificial intelligence, transnational cases of unfair competition, and the regulation of commercial data. The study substantiates the need for further modernization of legislation to ensure comprehensive legal protection in line with international standards under the Paris Convention.


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International Journal of Law And Criminology

44

https://theusajournals.com/index.php/ijlc

VOLUME

Vol.05 Issue06 2025

PAGE NO.

44-50

DOI

10.37547/ijlc/Volume05Issue06-10



Issues of Implementation of Article 10bis Of the Paris
Convention into National Legislation

Adashov Khojiboy Khusanovich

Independent Researcher, University of Public Security of the Republic of Uzbekistan, Uzbekistan

Received:

25 April 2025;

Accepted:

21 May 2025;

Published:

23 June 2025

Abstract:

This article examines the issues related to the implementation of Article 10bis of the Paris Convention

(1883) into national legal systems, with a particular focus on the legislation of the United States and the Republic
of Uzbekistan. Special attention is

given to the analysis of the principle of “effective protection against unfair

competition,” its substance, and the challenges of its implementation under contemporary conditions. A

comparative analysis is conducted of the legislative approaches currently in force in the United States (Lanham
Act, Sherman Antitrust Act, Federal Trade Commission practice), the European Union (TFEU, EU Directives), Japan

(UCPA), and Uzbekistan (the 2023 Law “On Competition”). The article identifies existing enforcement issue

s

related to digital platforms, the use of artificial intelligence, transnational cases of unfair competition, and the
regulation of commercial data. The study substantiates the need for further modernization of legislation to ensure
comprehensive legal protection in line with international standards under the Paris Convention.

Keywords:

Paris Convention, Article 10bis, unfair competition, effective protection, implementation, Lanham Act,

competition law, digital economy, Uzbekistan, international law.

Introduction:

The Paris Convention for the Protection

of Industrial Property of 1883 is one of the key
international legal instruments governing the
protection of industrial property rights, including
trademarks, at the international level. It not only
enshrines rights to intellectual property objects but
also establishes mechanisms for their legal protection
across borders. In this context, Article 10bis of the
Convention plays a particularly important role, as it
imposes obligations on member states to prevent acts
of unfair competition and to ensure effective legal
protection against such acts within their national legal
systems, taking into account their specific legal
frameworks and economic conditions.

This article, based on the principle of national
treatment (Article 2 of the Convention), obliges
member states to grant foreign individuals the same
legal guarantees as their own nationals. As a result, a
trademark protection system is established that is
aimed not only at safeguarding proprietary rights but
also at ensuring fair competition, protecting consumers
from deception, and maintaining an honest and
transparent market environment.

An important milestone in the development of the
provisions of Article 10bis was the adoption of
amendments at the Lisbon Conference of 1958, which
significantly expanded the scope of the concept of
"unfair competition," adapting it to the increasing
complexity of international economic relations.
Subsequently, the norms of Article 10bis were further
developed in the provisions of the Agreement on
Trade-Related Aspects of Intellectual Property Rights
(TRIPS, 1994), which harmonized the rules of the Paris
Convention with the international trade system by
establishing more specific standards for trademark
protection, liability for infringements, and enforcement
measures.

The phrase "effective protection" contained in Article
10bis obliges states not only to adopt formal legislative
acts but also to ensure their practical enforcement
through judicial and administrative mechanisms. From
a scholarly perspective, the effectiveness of protection
is assessed based on the precision of legislation, the
efficiency of judicial procedures, and the effectiveness
of enforcement measures. This approach makes it
possible to strike a balance between international


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standards and the specific features of national
regulation, thereby ensuring legal stability and the
protection of market participants.

In particular, within the U.S. legal system, protection
against unfair competition has been developed in
accordance with the international obligations set forth
by the Paris Convention. Central to this framework is
the Lanham Act, enacted in 1946, which serves as the
primary legal source for trademark protection and the
prevention of unfair competition. A key provision is §
43(a) (15 U.S.C. § 1125(a)), which allows for legal action
against false advertising, the use of misleading
designations, and acts that harm business reputation.
In addition, the Act provides legal remedies such as the
recovery of damages, injunctive relief, and
compensation for harm caused.

From an institutional perspective, the central role in
ensuring this protection is played by the United States
Federal Trade Commission (FTC), which enforces
consumer rights and fosters a fair competitive
environment in the marketplace, thereby facilitating
the implementation of these norms. This systemic
approach ensures the full realization of the principle of

“effective protection” not only at the legislative level

but also through practical enforcement mechanisms. A
vivid example of this is the legal dispute between Pizza

Hut and Papa John’s . In this case, the court, referring

to the Lanham Act, prohibited the use of the slogan

“Better Ingredients, Better Pizza” by Papa John’s, as it

created a false impression in the minds of consumers

regarding the competitive superiority of the company’s

products . Such cases clearly demonstrate the
effectiveness of the legal protection mechanism
against unfair competition provided under U.S.
legislation.

The second challenge in applying the principle of

“effective protection against unfair competition” under
U.S. law lies in the system’s prioritization of consumer

protection, often at the expense of addressing disputes
between competitors. For instance, in the Volkswagen
case, the U.S. Federal Trade Commission (FTC) and the
Environmental Protection Agency (EPA) focused
primarily on protecting consumer rights and remedying
environmental damage. However, issues related to the
harm suffered by competitors such as Ford and Toyota
were not given sufficient consideration .

While the Paris Convention requires the protection of
both consumers and competitors and their products,
U.S. law imposes a high evidentiary threshold for
competitors to prove harm typically requiring detailed
economic analysis. This creates additional financial and
time burdens, making enforcement less accessible for

competitors. As a result, the principle of “effective

protection” is realized more robustly for consumers,

while being slower and less responsive for competitors.
This reflects the consumer-centric orientation of the
U.S. system and the secondary role that competition
law plays in such contexts. This situation indicates that
the American legal framework does not fully comply
with the requirements of the Paris Convention, which
calls for equal protection of both consumers and
market competitors.

The third key issue in implementing the principle of

“effective protection against unfair competition” under

the Lanham Act lies in the complexity of judicial
procedures. This problem is particularly acute for small
and medium-sized enterprises (SMEs). Initiating legal
proceedings related to trademark infringement or false
advertising requires significant financial resources

including legal fees, expert consultations, market
research, and consumer surveys

which may amount

to hundreds of thousands of dollars. Moreover, such
litigation can drag on for years. A vivid example of this
situation is the protracted legal battle in Qualitex Co. v.
Jacobson Products Co . In such circumstances, the

ability of SMEs to access “effective protection” is

substantially limited, and in practice, the legal
mechanisms become largely accessible only to
financially stronger entities. This contradicts the
purpose of the Paris Convention, which aims to ensure
equal legal protection for all. Thus, the procedural
complexity of cases brought under the Lanham Act
leads to unequal conditions, restricting SMEs from
obtaining effective protection and undermining the
principles of equal treatment and protection enshrined
in the Paris Convention.

The next, fourth issue in applying the principle of

“effective protection against unfair competition” as set

forth in Article 10bis of the Paris Convention is the
limited resources of the U.S. Federal Trade Commission
(FTC). Although the FTC is granted broad authority
under the Federal Trade Commission Act, its budgetary
and personnel resources are constrained, preventing it
from addressing all instances of unfair competition. The
FTC tends to focus on large-scale cases

such as the

Volkswagen case, which resulted in a $14.7 billion
penalty

while instances of unfair competition in

smaller market segments or at the local level often go
unaddressed.

In 2020, the FTC’s annual budget amounted to $331

million , which is insufficient in relation to the scale of

the U.S. economy. Moreover, the agency’s primary

mission centers on consumer protection, leading to
comparatively less attention being paid to disputes
between competitors. This situation reveals that the
pr

inciple of “effective protection” is not fully realized at

the national level, as administrative enforcement


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efforts are primarily directed at the actions of large
corporations, while the interests of small businesses
may be overlooked. Therefore, the limited resources of
the FTC and its consumer-focused mandate hinder the
comprehensive and equitable application of the

principle of “effective protection against unfair
competition” in the United States.

The fifth issue in implementing the principle of

“effective protection against unfair competition,” as

established in Article 10bis of the Paris Convention,
concerns the growing incidence of unfair competition
on digital platforms

particularly in the realms of e-

commerce and social media

while the Lanham Act

and the Federal Trade Commission (FTC) framework
were originally designed to regulate traditional, offline
markets.

The existing legal instruments are often insufficiently
responsive or precise when addressing emerging
challenges such as the proliferation of counterfeit
trademarks or deceptive advertising on platforms like
Amazon or eBay. For example, in the 2019 case
Williams-Sonoma v. Amazon , Williams-Sonoma alleged
that Amazon had unlawfully used its brand. However,
the litigation was protracted, largely due to the
evidentiary complexities of proving harm in a digital
environment

such as the need for algorithmic audits

and behavioral data analysis.

This case exemplifies the legal system’s limited

adaptability to the realities of the digital economy and
highlights a critical gap between the rapidly evolving
nature of unfair competition and the outdated
regulatory tools still in use. Consequently, the principle

of “effective protection” is difficult to fully realize in the

digital context, where legal norms, enforcement
mechanisms, and evidentiary standards remain in a
state of transition.

According to a number of scholars , the adaptation of
U.S. legislation to technological changes has been slow,
thereby reducing the effectiveness of implementing
the princi

ple of “effective protection” in the online

environment. This issue reflects a broader challenge in
aligning the provisions of the Paris Convention with
modern economic conditions. As a result, laws
originally designed for traditional markets prove to be
largely ineffective when combating manifestations of
unfair competition in the digital sphere.

Finally, the sixth and last problem in the

implementation of the principle of “effective
protection against unfair competition,” as enshrined in

Article 10bis of the Paris Convention, lies in the
insufficient severity of sanctions imposed on large
corporations under the Lanham Act and FTC legislation.
Although these laws provide for measures such as

fines, injunctions, and compensatory damages, such
sanctions often lack significant financial impact on
major companies. For example, in the Volkswagen
case, a $14.7 billion fine may appear substantial, but

when considered against the company’s total revenue

of over $240 billion in 2016 , the penalty had a relatively
limited deterrent effect.

From an economic perspective, when the cost of a
penalty is lower than the benefit gained from the
violation, its preventive function is weakened. This
situation fails to effectively deter large corporations
from engaging in unfair practices, which ultimately
undermines the long-term effectiveness of the

principle of “effective protection.” Thus, the

insufficient stringency of sanctions against major
corporations significantly diminishes the practical
enforcement of the principle of protection against
unfair competition.

The second paragraph of Article 10bis of the Paris
Convention for the Protection of Industrial Property

states that “any act of competition contrary to honest

practices in industrial or commercial matters
constitutes a

n act of unfair competition.” This legal

provision holds significant importance in the
international system for the protection of industrial
property and the maintenance of fair competition.

From a legal standpoint, this provision formulates a
general definition of unfair competition, serving as the
foundation for the development of corresponding
regulatory mechanisms within the national legislation

of member states. The term “honest practices”

embedded in this norm reflects ethical and fair
standards of business conduct; however, the specific
content and interpretation of this term are shaped by
the sociocultural, economic, and legal characteristics of
each jurisdiction. This allows for the adaptation and
differentiation of relevant legal norms depending on
the conditions of legal enforcement in different
countries.

The provision is of an imperative nature, obliging
member states to implement effective legal
mechanisms to combat unfair competition in
accordance with their international commitments. At
the same time, given its general and framework-based
character, it does not have direct effect and requires
further elaboration through national legislation. In
different legal systems, the relevant rules may be
incorporated into civil codes or into specialized
antitrust or competition laws.

The concept of “honest practices in industrial or
commercial matters,” as formulated in the second part

of Article 10bis of the Paris Convention, is not defined
in detail within the text of the Convention itself, which


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highlights its universal and adaptable nature. From a
legal perspective, this term refers to ethical and fair
standards of conduct that have developed within the
context of economic and commercial practice.

At the same time, the specific content of this concept is
clarified within the framework of national legal systems
and judicial practice in individual countries. For
example, in the United States, under Section 5 of the
Federal Trade Commission A

ct, “unfair or deceptive

acts or practices” include false advertising, consumer

deception, and other dishonest conduct, which are
treated as violations of fair business standards.

In the European Union, Directive 2005/29/EC is based

on the criterion of “professional diligence” and requires

adherence to ethical norms in competitive conduct. In
Japan, under the Unfair Competition Prevention Act

(UCPA), the use of signs similar to a competitor’s

trademark (Article 2(1)(i) UCPA) is considered unfair
based on moral standards generally accepted in trade.
Scholarly research (Bently & Sherman, 2014 )
emphasizes that this concept is dynamic and context-
dependent, relying on industry standards and evolving
ethical values, which grants courts broad discretion in
its interpretation.

Thus, the notion of “honest practices in industrial or
commercial matters” may be interpreted differently

across national legislation and judicial practice, but its
overarching aim remains the promotion of fairness and
ethical standards in competitive relations.

At the same time, the concept of “honest practices in
industrial or commercial matters” is not without

certain drawbacks. Due to the lack of a clear definition
in the Paris Convention, there is a risk of subjective
interpretation of this category. As a result, its
application varies across jurisdictions. For instance, in

the European Union, the criterion of “professional
diligence” is applied rigorously, whereas in other

countries greater emphasis is placed on customary
trade practices. This variability hinders legal
predictability for economic operators and complicates
business planning.

Moreover, the interpretation of “honest practices”

depends on national legislation and judicial practice,
leading to a lack of uniform standards in international
trade. For example, in the United States, the focus is
primarily on consumer protection, while in Japan,
greater priority is given to safeguarding the commercial
interests of competitors . This discrepancy creates
additional legal uncertainty and operational challenges
for transnational companies.

Furthermore, the abstract nature of this concept
complicates the collection and presentation of
evidence in legal proceedings . Demonstrating that a

specific competitive behavior violates “honest

practi

ces” often requires expert opinions or a detailed

analysis of historical commercial conduct, which entails
additional time and financial costs. As a result, the
effectiveness of the provision is diminished, and the
resolution of commercial disputes is frequently delayed
by lengthy litigation, hindering the timely restoration of
fairness for the injured party.

The provision in the second paragraph of Article 10bis

of the Paris Convention, which states that “any act of

competition contrary to honest practices in industrial

or commercial matters” shall be considered an act of

unfair competition, significantly broadens the legal
scope of its application. This norm encompasses a wide
range of commercial practices aimed at gaining
competitive advantages through unacceptable or
unlawful methods.

In particular, under the U.S. legal system, such
actions

including false advertising, consumer

deception, and unauthorized use of trademarks

are

treated as forms of unfair competition under Section
43(a) of the Lanham Act. These actions give rise to civil
liability and may result in remedies such as injunctions,
damages, and corrective measures .

Under European Union law, pursuant to Regulation
(EU) No. 2019/1150 and Directive 2006/114/EC, the
dissemination of false or misleading information to
consumers, as well as actions that damage the business
reputation of competitors, are classified as
manifestations of unfair competition. In Japanese
legislation, Article 2 of the Unfair Competition
Prevention Act (UCPA) provides a comprehensive list of
15 specific types of unlawful conduct, including the
misappropriation of trade secrets and the deception of
customers, thereby enabling the flexible application of
legal norms in a variety of situations.

The concept of an “act of unfair

competition,” as set

forth in the second part of Article 10bis of the Paris
Convention, encompasses conduct that is contrary to

“honest practices in industrial or commercial matters.”

From a scholarly perspective, such an act constitutes a
violation of a set of moral, legal, and economic norms
aimed at upholding fair and honest competition. The
essence of this violation lies in the use of methods to
gain competitive advantage that breach established
legal and ethical standards.

In practice, acts of unfair competition often lead to
significant consequences such as financial losses,
damage to business reputation, loss of market share,
and consumer deception.

In the United States, laws such as the Sherman
Antitrust Act and the Lanham Act impose strict
limitations on instances of unfair competition and


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provide for corresponding legal remedies. In particular,
they allow for compensation for damages resulting
from the dissemination of false information intended

to harm a competitor’s business reputation.

In the European Union, Articles 101 and 102 of the
Treaty on the Functioning of the European Union
(TFEU) govern the prohibition of monopolies and the
abuse of dominant market positions. Additionally, the
Directive on Unfair Commercial Practices establishes
measures to protect consumers from misleading and
harmful conduct, thereby reinforcing fair competition
principles within the internal market.

Thus, an act of unfair competition constitutes a legal
consequence arising from conduct that violates the
principle

of “honest practices,” with the primary aim of

protecting the rights of the injured party and holding
the infringer legally accountable. Despite the existence
of unified international legal foundations, the
interpretation of this concept varies across legal
systems. Nevertheless, it is generally aimed at ensuring
fair and transparent conditions for the functioning of a
market economy.

At the same time, the concept of an “act of unfair
competition” is associated with a number of theoretical

and practical challenges, particularly due to the
absence

of

harmonized

criteria

for

clearly

distinguishing unlawful forms of conduct. Since the
definition is based on an assessment of conformity with

“honest practices,” it leaves room for divergent

interpretations and creates the risk of legal
uncertainty.

For example, in the United States, proving the
dissemination of false information for commercial
purposes is comparatively more straightforward. In
contrast, in Japan, establishing the unlawful disclosure
of trade secrets under the Unfair Competition
Prevention Act (UCPA) is often accompanied by
substantial evidentiary difficulties. Moreover, differing
regulatory approaches can also be observed at the
supranational level: in the European Union, emphasis is
placed on the application of strict antitrust rules
(Articles 101 and 102 of the Treaty on the Functioning
of the European Union

TFEU), while in the United

States, the regulatory framework is built upon a
comprehensive protection of the interests of both
consumers and market competitors.

These divergences highlight the complexity of applying
the concept of unfair competition in a globally
integrated economy and underscore the need for
continued dialogue and potential harmonization to
reduce legal fragmentation and promote consistent
enforcement standards.

At the same time, the concept of an “act of unfair

competition” is accompanied by a range of theoretical

and practical challenges, primarily due to the absence
of

unified

criteria

for

clearly

distinguishing

impermissible forms of conduct. Based on an

assessment of compliance with “honest practices,” this

definition allows for significant variation in
interpretation and creates a risk of legal uncertainty.

For instance, in the United States, proving the
dissemination of false information for commercial
purposes is comparatively straightforward. By contrast,
in Japan, establishing the unlawful disclosure of trade
secrets under the Unfair Competition Prevention Act
(UCPA) often involves substantial evidentiary
difficulties and procedural complexity.

Furthermore, divergent approaches to legal regulation
are also evident at the supranational level. In the
European Union, the focus lies on the strict
enforcement of antitrust norms

namely, Articles 101

and 102 of the Treaty on the Functioning of the
European Union (TFEU). In the United States, however,
the regulatory system is based on a more
comprehensive model that seeks to protect the
interests of both consumers and market competitors.

These differences reflect the contextual and
jurisdictional variability in the understanding and
application of unfair competition laws and underscore
the need for greater international coordination to
enhance legal predictability and ensure more uniform
enforcement in cross-border commercial relations.

The Law of the Republic of Uzbekistan “On
Competition” dated July 3, 2023 (No. ZRU

-850)

establishes a modern legal framework for regulating
and safeguarding fair competition within the national
economy. The provisions of Articles 4 and 21 of this law
largely align with the international legal standards set
forth in Article 10bis of the Paris Convention, reflecting

Uzbekistan’s commitment to fulfilling its international

obligations in the field of industrial property protection
and the fight against unfair competition.

Specifically, paragraph 3 of part 1 of Article 4 of the Law

defines unfair competition as “any competitive action

contrary to fair practice in industrial or commercial

activity,” which essentially reproduces the core

definition enshrined in Article 10bis of the Paris
Convention

—namely, “acts contrary to honest

practices.” At the same time, Uzbek legislation goes

further by elaborating on this definition with a concrete
list of forms of unfair competition, including the
discrediting of competitors, misleading consumers,
unlawful acquisition of trade secrets, misleading
comparative advertising, and other forms of
misconduct.

This adaptation of international provisions to the


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specific features of the national legal system
demonstrates a successful implementation of the Paris

Convention into Uzbekistan’s domestic legislation.

Harmonization is particularly evident in Article 21 of
the Law, which systematically enumerates specific
prohibited forms of unfair competition, reflecting the
most common violations encountered in practice. For
instance, discrediting a competitor by disseminating
false or distorted information directly corresponds to

the concept of “acts contrary to honest practices”

under the Paris Convention. Similarly, misleading
consumers, using deceptive comparisons, and the
unlawful disclosure of trade secrets are recognized
under international law as established forms of unfair
competition.

The establishment of legal mechanisms in Uzbekistan’s

legislation to combat unfair competition also

contributes to the country’s integration into the

international trade and investment system. The
harmonization of the provisions of the Law of the

Republic of Uzbekistan “On Competition” dated July 3,

2023 (No. ZRU-850) with the standards of Article 10bis
of the Paris Convention reflects the Republic's
commitment to fulfilling its international obligations in
the fields of competition law and consumer protection.

In particular, Articles 4 and 21 of the Law closely reflect
the language of international instruments. For
instance, paragraph 3 of part 1 of Article 4 defines

unfair competition as “any competitive action contrary
to fair practice in industrial or commercial activity,”

which is consistent with the terminology used in Article
10bis of the Convention. At the same time, Uzbek
legislation offers a detailed list of specific forms of
unfair

competition,

facilitating

their

practical

application. This regulatory approach ensures both
internal legal certainty and the strengthening of foreign
investor confidence.

However, despite the progress achieved, a number of
unresolved issues remain in practice regarding the
adaptation of Article 10bis to the realities of the
modern economic and technological landscape:

1. Regulation of digital platforms:

Although Article 4 of the Law provides a definition of

“digital platform” and Article 18 establishes specific

restrictions, effective enforcement mechanisms
against the activities of transnational digital
corporations (such as Google, Amazon, and Meta)
remain limited. The technical and jurisdictional
constraints of state authorities impede the full

realization of the principle of “effective protection”

against unfair competition in the digital environment,
as enshrined in Article 10bis of the Paris Convention.

2. Lack of regulation concerning unfair competition

involving artificial intelligence and algorithmic
systems:

Many companies use such technologies for price
manipulation, exclusion of competitors, or misleading
consumers. However, the Competition Law does not
include specific provisions addressing these forms of
unfair competition. Existing norms

such as those in

Article 21

primarily cover traditional violations (e.g.,

discrediting competitors, unlawful acquisition of trade
secrets). This regulatory gap complicates the processes
of evidence collection and legal enforcement in
emerging technological contexts.

3. Transnational aspects of unfair competition:

Although Article 7 of the Law grants the State
Committee for the Development of Competition and
Protection of Consumer Rights authority at the national
level,

effective

mechanisms

for

international

cooperation in this area have not yet been fully
developed. In particular, holding foreign companies
accountable for violations of the rights of Uzbek
consumers remains challenging due to the limited
availability of international legal tools.

These challenges underscore the need for further
legislative reform and international cooperation to

ensure that the principle of “effective protection
against unfair competition,” as articu

lated in Article

10bis of the Paris Convention, can be fully realized in
both national and cross-border contexts.

4. Insufficient regulation of data use and trade secret
protection in the digital economy

The fourth issue concerns the underregulation of data
usage and the protection of trade secrets within the
context of the digital economy. Although Article 21 of
the Law prohibits the unlawful acquisition of trade
secrets, there is currently no comprehensive regulation
governing the processing of big data, nor its use for
market manipulation or gaining unfair competitive
advantages. For the effective application of Article
10bis of the Paris Convention in the digital context,
specialized legal norms and enforcement mechanisms
tailored to modern technologies are required.

CONCLUSION

In summary, despite Uzbekistan’s significant progress

in implementing Article 10bis of the Paris Convention
into its national legal system, several pressing
challenges remain. These include the regulation of
digital platforms, artificial intelligence, transnational
competition, data circulation, pricing strategies in e-
commerce, and blockchain-related economic activities.
Addressing these issues will require further
modernization of national legislation, the development
of expert capacity in assessing unfair competition, and


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the strengthening of international cooperation.

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Case

No.

18-cv-07548-AGT.

https://caselaw.findlaw.com/court/us-dis-crt-n-d-
cal/2201041.html

Lemley & McKenna, 2010, Irrelevant Confusion,
Stanford Law Review, p. 413

Volkswagen Annual Report 2016, p. 34

Bently, L., & Sherman, B. (2014). Intellectual Property
Law (4th ed.). Oxford University Press.

p. 1160.

FTC v. Sperry & Hutchinson Co., 405 U.S. 233 (1972).

Unfair Competition Prevention Act (Japan), Article
2(1)(i).

Dastar Corp. v. Twentieth Century Fox Film Corp., 539
U.S. 23 (2003).

Sherman Antitrust Act, 15 U.S.C. §§ 1

7.

Lanham Act, 15 U.S.C. § 1125(a).

Directive 2005/29/EC on Unfair Commercial Practices

Official Journal of the EU, L 149, 11.06.2005.

References

F.3d 489, 5th Cir. 2000. U.S. District Court for the Northern District of Texas - 80 F. Supp. 2d 600 (N.D. Tex. 2000) January 3, 2000. https://law.justia.com/cases/federal/district-courts/FSupp2/80/600/2565606/

Pizza Hut, Inc. v. Papa John’s Int’l, Inc., 227 F.3d 489 (5th Cir. 2000

Kaplow, 2013, The Antitrust Laws and Economic Analysis, p. 145

U.S. 159, 1995. Qualitex Co. v. Jacobson Products Co., 514 U.S. 159 (1995). https://supreme.justia.com/cases/federal/us/514/159/

FTC Annual Report 2020. p.12.

WILLIAMS-SONOMA, INC., Plaintiff, v. AMAZON.COM, INC., Defendant. Case No. 18-cv-07548-AGT. https://caselaw.findlaw.com/court/us-dis-crt-n-d-cal/2201041.html

Lemley & McKenna, 2010, Irrelevant Confusion, Stanford Law Review, p. 413

Volkswagen Annual Report 2016, p. 34

Bently, L., & Sherman, B. (2014). Intellectual Property Law (4th ed.). Oxford University Press. – p. 1160.

FTC v. Sperry & Hutchinson Co., 405 U.S. 233 (1972).

Unfair Competition Prevention Act (Japan), Article 2(1)(i).

Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003).

Sherman Antitrust Act, 15 U.S.C. §§ 1–7.

Lanham Act, 15 U.S.C. § 1125(a).

Directive 2005/29/EC on Unfair Commercial Practices – Official Journal of the EU, L 149, 11.06.2005.