CONTRACTUAL AND NON-CONTRACTUAL BASIS OF COPYRIGHT DISPUTE RESOLUTION: DIFFERENCES, PROCEDURAL FEATURES AND WAYS TO IMPROVE
CONTRACTUAL AND NON-CONTRACTUAL BASIS OF COPYRIGHT DISPUTE RESOLUTION: DIFFERENCES, PROCEDURAL FEATURES AND WAYS TO IMPROVE
This article provides a comparative legal analysis of copyright disputes from two primary legal foundations - contractual and non-contractual (tort) relations. The study is grounded in the Civil Code of Uzbekistan, the Law “On Copyright and Related Rights,” the Law “On Mediation,” the 2023 Plenary Resolution of the Supreme Court, and relevant international instruments. Academic literature available in the TSUL (Tashkent State University of Law) Library is incorporated into the analysis. The article examines the origins, legal nature, burden of proof, liability forms, the role of mediation, procedural distinctions, and the US Digital Millennium Copyright Act (DMCA) model comparatively. Three systemic deficiencies in current legislation are identified, and scientifically grounded proposals are developed.
- Tashkent State University of Law Uzbekistan
copyright, contractual dispute, tort, non-contractual dispute, licensing agreement, mediation, alternative dispute resolution, DMCA, procedural law, intellectual property.
copyright, contractual dispute, tort, non-contractual dispute, licensing agreement, mediation, alternative dispute resolution, DMCA, procedural law, intellectual property.
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