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Trade secret protection requires common legal approaches

Trade secret protection requires common legal approaches

17.01.2014
UzReport 17.01.2014

     On January 16, meeting of the plenary session of the Legislative Chamber the deputies discussed in the first reading the draft law "On Trade secrets".
     Noted that this document is directly related to trades’ rights and protection of their property and personal non-property interests by means of preventing unauthorized access to information that constitutes a trade or other secret.
     Providing legislative regulation of classifying information in the category of trade secrets, its systematization and provision is the main purpose of this draft.
     At present, legal norms on confidential information, trade secret, and others types of secrets are present in 40 codes and laws, 35 decrees and government resolutions, there are provisions that address the concept of trade secret.
- In particular, these issues are regulated in Articles 98, 1095, 1096 and 1097 of the Civil Code. However, consistent rise in the competitiveness of the economy raised the issues of common legal approaches to maintain protection of trade information, its clear reflection in legislation. This document fills these gaps, - said the deputy of the Legislative Chamber Nuriddin Muradov.
     The draft endeavors to eliminate obsolete provisions and limit the number of reference norms to current legislation.      Expanded content of the draft increases its accessibility and clear understanding for businesses, government and law enforcement bodies. In particular , the draft specifies and details the wording that clarify the objectives of the law, defines the terms "trade secret" and "confidential information", "owner" and "confidant", "trade secret regime" and "protection of trade secrets", "transfer of trade secrets", "access to trade secrets "and "admission to a trade secret".
     Deputies noted that adoption of the draft would create a system of measures to protect and defend the rights of the owners of trade secrets through effective legal, including civil regulation of these relations. After a comprehensive study the deputies supported the draft law "On Trade Secrets".

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7.1. Plastic card of legal entity and individual entrepreneur (corporate card) in national currency

7.1.1 Issue of 3-year main/ additional card

80,000 UZS, including VAT

7.1.2 Extension of the validity of main/ additional card

80,000 UZS, including VAT

7.1.3 Reissue of main/ additional card in case of loss/ damage

80,000 UZS, including VAT

7.1.4 Reissue of main /additional card in case of technical malfunction

no commission fee

7.1.5 Penalty for loss/damage of main/ additional card

80,000 UZS, including VAT

7.1.6 Balance replenishment on the special Uzbek Soum card account of legal entity/individual entrepreneur (according to the applicable legislation)

0.5% of the amount transferred

7.1.7 Submission of the statement on money accounting on the corporate card

50,000 UZS, including VAT

7.1.8 Card registration in the stop list

no commission fee

7.1.9 Leasing of payment terminals to trade and service enterprises for accepting payment from UZCARD plastic cards and International payment cards, including:

a) to legal entities

25,000 UZS + VAT (charged monthly, on the first business day of the month following the month of the transaction)

b) to individual entrepreneurs

15,000 UZS + VAT (charged monthly, on the first business day of the month following the month of the transaction)

c) to Home Unit Companies

25,000 UZS + VAT (charged monthly, on the first business day of the month following the month of the transaction)

7.1.10 Processing of HUMO payment cards transactions of trade and service enterprise (acquiring)

0.2% of the transaction amount

7.2 Bank card of legal entity and individual entrepreneur in foreign currency (international)

7.2.1 Issue (emission) of main / additional card

a) Visa Business

UZS 230,000, including VAT

- minimum balance and down payment (unchanged until the card account is closed)

USD 100

b) Visa Business to an individual entrepreneur

UZS 170,000, including VAT

- minimum balance and down payment (unchanged until the card account is closed)

USD 100

c) Masterсard Business

UZS 1,200,000, including VAT

: For MasterCard, if the card currency differs from the transaction currency, the amount of 2% will be temporarily blocked

7.2.2 Reissue of main / additional card (after expiration of the card, to change the client's name, in case of card loss/damage, password loss, suspicion of fraud):

a) Visa Business

UZS 230,000, including VAT

b) Visa Business to an individual entrepreneur

UZS 170,000, including VAT

c) Masterсard Business

UZS 600,000, including VAT

7.2.3 Penalty for loss / damage of main / additional card, and for the card non-return by the client to the bank, including when applying for closing the special card account:

a) Visa Business

UZS 230,000, including VAT

b) Visa Business to an individual entrepreneur

UZS 170,000, including VAT

c) Masterсard Business

UZS 600,000, including VAT

7.2.4 The processing of transactions on cash receipt at terminals or ATMs abroad the Republic of Uzbekistan from the card issued by the National Bank

1% of the amount

7.2.5 Processing of transactions on non-cash payment for goods and services in the infrastructure of another bank (terminal/imprinter/ATM/self-service terminal/Internet, etc.) from the card issued by the National Bank:

a) Visa Business

no commission fee

b) Visa Business to an individual entrepreneur

no commission fee

c) Masterсard Business

No commission fee

Note: For MasterCard, if the card currency differs from the transaction currency, the amount of 2% will be temporarily blocked

7.2.6 Registration of the card in the Global stop list upon the Client's request

no commission fee

7.2.7 Reimbursement of expenses for the withholding by another bank of the card issued by the National Bank

1,15 Basic Estimated Amount, including VAT

7.2.8 Reimbursement of expenses for the transfer by the acquiring bank of the withheld card issued by the National Bank

Postal and telegraph expenses

7.2.9 Submission of an international card account statement on the official letterhead of the Bank

UZS 60,000, including VAT

7.3 For trade and service companies serving clients with cards in foreign currency

7.3.1 Processing of transactions of retailer and service outlet using international cards (VISA, MasterCard, UnionPay International, etc.):

a) Through a POS terminal in a trade and service enterprise and an EPOS terminal (according to an e-commerce project): - for cards issued by NBU JSC;
- for cards issued by other banks of Uzbekistan;
- for cards issued by foreign banks

1% of the transaction amount on the day of receiving coverage from international payment systems;
1.5% of the transaction amount on the day of receiving coverage from international payment systems;
3% of the transaction amount on the day of receiving coverage from international payment systems

b) Via a POS terminal installed in hotels

2.5% of the transaction amount on the day of receiving coverage from international payment systems

7.3.2 Penalty for the recovery of information on transactions against supporting documents submitted by the trade and service company

1% of the transaction amount

7.3.3 Penalty for loss and/or damage of payment terminal which can not be repaired

Actual cost of the terminal + 1,15 Basic Estimated Amount, including VAT

7.3.4 Processing (acquiring) of transactions of trade and service enterprises using HUMO/UZCARD payment system

a) On international cards through the payment system "UzCard"

0,2% of the transaction amount

b) VISA, MasterCard and UPI international cards, through HUMO payment system. When servicing international cards (VISA and MasterCard), a commission of 1.5% is charged from the card account in addition to the commission fee specified in this section. Visa cards issued in the Republic of Uzbekistan are the exception.

1% of the transaction amount. When servicing international cards (VISA and MasterCard), a commission of 1.5% is charged from the card account in addition to the commission fee specified in this section. Visa cards issued in the Republic of Uzbekistan are the exception.

c) VISA, MasterCard and UPI international cards, through UzCard payment system. When servicing international cards (VISA and MasterCard), a commission of 2% is charged from the card account in addition to the commission fee specified in this section. Visa cards issued in the Republic of Uzbekistan are the exception.

1% of the transaction amount

d) MIR international cards, through UzCard payment system

0.5% of the transaction amount

e) For payment transactions for products, works and services at trade enterprises using ‘Tez QR’ through ‘UZCARD’ payment system
Effective from May 1, 2024.

1% of amount

7.3.5 Processing transactions of a merchant conducted through the NBU's E-POS terminal*

a) By UzCard Sumy Plastic Cards

0,8% of the transaction amount

b) By HUMO / Visa UZS plastic card / UZS electronic wallet

0,5% of the transaction amount

7.3.6 The processing of transactions of retailer and service outlet via QR-Online system

0,15% of the transaction amount

*When the retail and service outlet pays for this service, the commission specified in subparagraph 5.1.12 of section 5 “Remote Services” of the tariff for commission fee for individuals is not charged to the client

7.3.7 Processing of transactions of the trade and service enterprise carried out on local cards (UzCard, HUMO, etc.), according to the e-commerce project

at least 1% of the transaction amount

7.3.8 Connection (registration) to the fiscal module and servicing online cash registers

1% of the amount

7.3.9 Monthly rent for commercial terminals of small business entities (with a monthly turnover of more than 100 000 UZS)

fee is not charged

7.3.10 Monthly rent for trading terminals of small business entities (with a monthly turnover of less than 100 000 UZS)
Terminals inactive for 6 months are withdrawn from the client

15% BEA, including VAT

Tariffing begins on June 10, 2024.

1.To open an account and other products, visit the NBU branch. Please find a list of all branches and their addresses Here.

2. Reserve an account Here.

1.To open an account and other products, visit the NBU branch. Please find a list of all branches and their addresses Here.

2. Reserve an account Here.

1.To open an account and other products, visit the NBU branch. Please find a list of all branches and their addresses Here.

2. Reserve an account Here.

1.To open an account and other products, visit the NBU branch. Please find a list of all branches and their addresses Here.

2. Reserve an account Here.

1.To open an account and other products, visit the NBU branch. Please find a list of all branches and their addresses Here.

2. Reserve an account Here.

1.To open an account and other products, visit the NBU branch. Please find a list of all branches and their addresses Here.

2. Reserve an account Here.