Contract on cooperation in the field of protection of related rights owners (performers and producers of phonograms) between the State Service of Intellectual Property of the Kyrgyz Republic and the Association of Legal Entities

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Contract on cooperation in the field of protection of related rights owners (performers and producers of phonograms) between the State Service of Intellectual Property of the Kyrgyz Republic and the Association of Legal Entities

The Associationof legal entities “Association for the protection of Copyrights and Related Rights “Amanat” represented by its President Zhemkov R. On the one part and the State Service of Intellectual Property of the KR represented by its Director Isabaeva Z.

Hereinafter referred to as “the Contracting Parties”

It is agreed as follows:

 1. General understanding

"Performers" - actors, singers, musicians, dancers, and other persons who act, deliver, declaim, play a musical instrument, interpret or otherwise perform literary or artistic works or expressions of folklore;

"Phonogram" - means recording the sounds of a performance or other sounds, or display of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work;

"Phonogram producer" - means a natural or legal person who takes the initiative and is responsible for the first fixation of the sounds of a performance or other sounds, or the representations of sounds;

"Publication" - recording of a performance or a phonogram means the offering of copies of a performance or phonogram to the public with the consent of the rightholder, and provided that copies are offered to the public in a reasonable amount;

"Broadcasting" - means the transmission by wireless means of sounds or images and sounds or representations thereof for public reception; such transmission by satellite is also "broadcasting"; transmission of encrypted signals is "broadcasting" where the means for decrypting are provided to the public by the broadcasting organization or with its consent;

"Communication to the public" - performance or a phonogram means the transmission to the public by any means other than broadcasting sounds of a performance or the sounds or representations of sounds fixed in a phonogram.

2. Subject of Agreement

2.1. Association, serving as the organization managing property rights of holders of related rights on a collective basis, provides protection of the rights of performers and phonogram producers whose right to collectively managing partner.

2.2.Ohrana rights referred to in paragraph 2.1. this Agreement provides for the collection, distribution and payment of equitable remuneration to the Partner for the direct or indirect use of phonograms published for commercial purposes for broadcasting or for any communication to the public, performers and phonogram producers whose right to collectively managing partner.

2.3. Contract does not cover:

2.3.1. on matters arising in connection with the use of other than phonograms published for commercial purposes, objects of related rights, as well as objects of copyright;

2.3.2. on the property rights of phonogram producers.

3. Financing

3.1.   For use of phonogram executions Association shall pay to partner royalty according to the documents of Association.

3.2. The payment is made on a quarterly basis by transfer to the account of the Partner, not later than the 25th day of the month following the reporting quarter. Remuneration in US dollars at the rate set by the National Bank of the Republic of Kazakhstan on the day of payment.

3.3. Partner shall not later than three (3) business days after receipt of remuneration and put forward the Association of invoice.

3.4. Association quarterly, not later than the 25th day of the month following the reporting quarter, is the Partner Report on Form in accordance with Annex № 1 hereto. The report should be complete and accurate.

4. Guarantees of the Parties

4.1. Parties shall ensure that set up and operate, in accordance with the laws of their countries.

4.2. Partner guarantees the settlement of possible property claims of phonogram producers and performers to the Association arising out of this Agreement, the timely distribution and remuneration.

4.3. The Parties undertake to preserve the confidentiality of information received in connection with the execution of the Agreement, and ensure that will take all measures to ensure the secrecy of the evidence on which the third parties may obtain information on the economic and financial situation of the Parties.

5. Dispute Resolution

5.1. In case of any differences or disputes between the Parties in connection with the execution of the Agreement, the Parties shall take measures to resolve them through negotiations.

5.2. In case of failure to settle disputes through negotiations, such disputes should be considered in court in accordance with the laws of the country of the applicant.

6. Contracttime

6.1. Present Contract comes into force with date of its signing and validity to December 31,

6.2. After that, it will automatically be extended for subsequent annual period, provided that not less than 30 days prior to the expiration of the current term of the Parties shall notify the other party by registered letter with acknowledgment of receipt of its intention to terminate the Agreement.

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Statistics

By October 31, 2017 the following IP subject matters are protected in the territory of the Kyrgyz Republic:

Inventions

5120

Utility Models

39

Industrial Designs

6084

The trademarks registered on national procedure

10191

The trademarks registered on the international procedure in the ROMARIN base

43672

Contacts

Kyrgyzpatent
Moskovskaya street 62,
Bishkek 720021
Kyrgyz Republic
Telephone: +996 (312) 68 08 19
Fax: +996 (312) 68 17 03
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Account details

Получатель: Государственная служба интеллектуальной собственности и инноваций при ПКР Кыргызпатент
Банк получателя: Центральное Казначейство Минфина Кыргызской Республики
Депозитный счет: 4402042100005341
БИК: 440001
Код платежа: 14511900

Для работы патентных поверенных с иностранными заявителями

Новый мультивалютный счет №1013350100590106 в USD, EUR, RUB 

Получатель: Государственная служба интеллектуальной собственности и инноваций при Правительстве Кыргызской Республики 

В назначении платежа обязательно указать.

Расчетный счет № 4402042100005341

БИК: 440001

Код платежа: 14511900