Agreements in the field of collective management

FaLang Language Switcher

Laws_

Международная классификация товаров и услуг МКТУ ( 10 редакция)

Международная классификация товаров и услуг МКТУ ( 10 редакция)

Regulations

Name

Принято

1

Regulation on Fees for Patenting Inventions, Utility Models, Industrial Designs, Registering Trademarks, Service Marks, Appellations of Origin, Providing Right to Use Appellations of Origin

RGKR

12.06.1998 № 346

2

Provision on condition and order of providing to compulsory licensing on object of industrial property and its use.

RGKR

24.12.1998 № 862

3

Provision on fees for patenting selection achievement

RGKR

14.05.1999 № 259

4

Provision on registration copyright, related rights and copyright agreements

RGKR

14.05.1999 № 260

5

Provision on fees for registration software, data bases and topology of integral circuits

RGKR

26.05.1999 № 286

6

Provision On minimal rates of royalty for creation of copyright and related rights works, their first public performance and / or publication

RGKR

20.04.2000 № 225

7

Provision on Secret Invention, Utility Models and Industrial Designs of the Kyrgyz Republic

RGKR

 27.04.2000 № 242

8

Provision on registration fees of trade names

RGKR

09.06.2000 № 330

9

Provision on well-known Trademarks in the Kyrgyz Republic

RGKR

24.08.2000 № 520

10

Provision On order of customs control related to the goods containing intellectual property subject

RGKR

27.11.2000 № 694

11

Regulation on innovation proposal in the Kyrgyz Republic

RGKRот

№ 336

12

Regulation on minimum rates of royalties for the use of copyright and related rights subject matters

RGKR

22.07.2002 № 488

13

Provision on Interdepartmental commission on counteraction to violations in the field of intellectual property

RGKR

23.02.2004 № 93

14

Regulation on fees for registration an innovation proposal

RGKR

27.04.2004 № 297

15

Regulation on fees for registration and right granting to use TK

RGKR

15.09.2008 № 517

16

Provision on State registrations on objects of intellectual property in the Kyrgyz Republic

RGKR

29.02.2012 № 155

Provision on Secret Invention, Utility Models and Industrial Designs of the Kyrgyz Republic

Approved by Resolution of the Government

of the Kyrgyz Republic of April 27,2000 N242

 Provision

On Secret Invention, Utility Models and Industrial Designs of the Kyrgyz Republic

Paragraph I

General provision

1. Relations regulates by present Provision.

Present Provision regulates property and non-property relations develop in the territory of the Kyrgyz Republic for implementation, legal protection and use of Secret Invention, Secret Utility Models and Secret Industrial Designs (further – Secret objects of Industrial Designs) 

2. Legal regulation on relation to secret objects of Industrial Designs. Legal regulation on relation develop making legal protection and using secret objects of Industrial Designs based on Provisions the Constitution of the KR , Civil Code of the KR , Patent Law of the KR , and Law of the “On Company’s Inventions, Utility Models, Industrial Designs”, Law of the KR “On protection of State Secrets of the Kyrgyz Republic” and other regulatory legal acts of the KR realizing with present Provision according to regulatory legal acts of the KR. 

3. Secrecy of objects of Industrial property.

The objects of Industrial property is secrecy according with Law of the KR “ On protection of State Secrets of the Kyrgyz Republic “ based on list of main information content state secret, approving by the Government of the KR, lists of information which must be secrecy approved by authorized body of ministries, state committees and administrative offices.на основании

The classification of objects of industrial property for reasons of preservation of a trade secret or for other motives which aren't connected with protection of the state secrets isn't allowed      

Paragraph II

Legal protection of secret objects of the industrial property.

4. Rights to the secret object of the industrial property.

 4.1.  Rights to the secret object of the industrial property protects by the Constitution of the Kyrgyz Republic ,with the Laws of the KR and other regulatory legal acts and present provision makes sure the preliminary patent, patent to secret invention or secret industrial design with certificate to secret utility, which certify a priority, authorship of the confidential invention, confidential useful model and confidential industrial sample, the right for their use, and also the right to incentive remuneration, monetary compensation for a classification and remuneration for their use.

4.2. Protection documents work during the term of a classification of object of industrial property, but no more period of validity of the security document on the corresponding unclassified object of industrial property established by the Patent law of the Kyrgyz Republic.

4.3. Extent of patent, provided by the preliminary patent, the patent for secret invention and the certificate for confidential utility model is defined by their formula, and the preliminary patent, the patent for a secret industrial design - set of its essential signs presented on images of a product (model) and given in the list of essential signs.

5. Conditions of patentability of secret objects of industrial property

5.1.In definition of patentability of the secret object of industrial property is use conditions of patentability of inventions, utility model secret, industrial designs, established by Patent Law of the Kyrgyz Republic.  

5.2At establishment of novelty of confidential object of industrial property along with the data provided by the Patent law of the Kyrgyz Republic join in equipment level on condition of their earlier priority - copyright certificates of the USSR on confidential inventions, security documents of the Kyrgyz Republic on confidential objects of industrial property, and also the demand for issue of the security document for confidential objects of industrial property (except withdrawn) which degree of privacy doesn't exceed the degrees of privacy of the declared the confidential invention, confidential useful model, a confidential industrial sample given in the Kyrgyz Republic other persons. 

Paragraph III

Legal subject

6. The author of secret object of industrial property.

6.1. The author of secret object of industrial property is physical person by which creative activity it is created. 6.2. If in creation on secret object of industrial property participates several legal subjects, all of them is authors. The order of use of the rights belonging to the parties is defined by the agreement between them.

The natural persons who didn't make a personal creative contribution to creation of confidential object of industrial property, rendered to the author (authors) only technical, organizational or financial support, or only promoting registration of the rights for it and its use don't admit authors.

6.3. The copyright is the inalienable personal right and is protected is termless.

7. Owner of the patent.

The right to the security document belongs:

- to the author (authors) of confidential object of industrial property;

- to the employer if other isn't provided by the contract between him and the worker;

- to the assignee of the author (authors) and/or the employer, including to the person to whom the right to the security document is conceded on the basis of the contract.

Relationship between the employer and the author (authors) of the confidential object of industrial property created in connection with performance of official duties or receiving from the employer of a concrete task is regulated by the Law of the Kyrgyz Republic "On office inventions, utility models, and industrial Designs"

Paragraph IV

Issue of the protect document for secret object of industrial property

8. Filling Application.

8.1. The right of application for issue of the security document for confidential object of industrial property (further - the application) belongs to the person having the right to the security document according to point 7 of the present Provision (further - the applicant).

 8.2. Demands are formed according to requirements of the present Provision, the Patent law of the Kyrgyz Republic and the regulations issued by Kyrgyzpatent regulatory acts and direct in Kyrgyzpatent.

Treat of the application on obtaining the protect document on secret object of industrial property on all levels organize by confidential body of the Kyrgyzpatent and confidential body of other offices.

8.3. Application for issue of the security document for the confidential objects of industrial property secret on the basis acting at the enterprises, in institutions and the organizations of Lists of the data which are subject to a classification move the applicant with the permission of the head of department who approved this list, through regime and confidential bodies.

8.4. Individual or legal bodies, have not of the List of information for classification if, in their opinion, the submitted application contains data which open publication can cause damage to national security in cases, submit such applications for confidential objects of industrial property to Kyrgyzpatent through regime and confidential bodies for a work place, or, in the absence of such opportunity, in a residence (stay), or directly to In this case the application able classification.

8.5.The Application which came to Kyrgyzpatent according to point 8.4. the present Provision, in three-months  time from the date of its receipt Kyrgyzpatent in common with specialists of the ministries, state committees and administrative departments according to its branch accessory to making decision on a demand classification is considered.

If application belong to the activities of several ministries, sate committees or administrative offices these bodies for Kyrgyzpatent's representation form the interdepartmental commission which within two months from the date of receipt of the demand defines the public authority which is forced to make the decision on a demand classification. In this case the term of making decision on a classification of the demand lasts on working hours of the interdepartmental commission.

The order of involvement of experts at all stages of passing of materials of the demand is carried out according to the Law of the Kyrgyz Republic "On protection of the state secrets of the Kyrgyz Republic".

8.6. In case of acceptance by the ministry, state committee or administrative department of the decision on application classification the corresponding security classification is appropriated to it and submitted Kyrgyzpatent or the relevant divisions of the ministries on what the applicant is notified.

Thus, if sufficient bases for a classification of the application it isn't established, to the applicant the motivated conclusion about decrease in degree of privacy or about an exception of materials of the application of the classified information which isn't relating to essence of the declared object goes.

If the applicant within two months from the date of receipt of such conclusion doesn't exclude the classified information which isn't relating to essence of the declared object from application  materials or won't submit a motivated request for extension of the specified term, the demand admits not given.

In case of making decision on lack of the bases for a application classification, it is considered by Kyrgyzpatent as the application for unclassified object of industrial property according to the Patent law of the Kyrgyz Republic on what the applicant is also notified. In this case, the term of consideration of the application provided by the Patent law of the Kyrgyz Republic.

9. Establishes of the priority of secret objects of industrial property.

9.1. The priority of the secret invention and secret utility model is established by date of receipt in Kyrgyzpatent of the demand containing the statement for issue of the preliminary patent, the patent or the certificate, the description, a formula and drawings if in the description on them the reference is had.

The priority of a secret industrial design is established by date of receipt in Kyrgyzpatent of the demand containing the petition, the preliminary patent, a set of images, the description and the list of essential signs of an industrial design.

9.2.The priority of confidential object of industrial property can be established by date of receipt in Kyrgyzpatent of additional materials if they are issued by the applicant as the independent application which is submitted before the expiration of three-months term from the date of receipt by the applicant of the notice of impossibility of acceptance to attention of additional materials in connection with recognition their changing essence of the declared decision.

9.3. The priority of confidential object of industrial property can be established by date of receipt in Kyrgyzpatent of earlier demand of the same applicant opening the invention, utility model, an industrial design if the application according to which such priority is asked, arrived no later than twelve months from the date of receipt of earlier demand for issue of the preliminary patent, the patent for the confidential invention and six months - earlier demand for issue of the certificate for confidential utility model, the preliminary patent, the patent for a confidential industrial design. Thus earlier demand is considered withdrawn.

9.4. The priority of confidential object of industrial property according to the allocated application is established by date of receipt of the initial demand opening it if the allocated demand arrived before acceptance according to the initial demand of the decision on refusal in issue of the security document which opportunities of the appeal are exhausted, and in case of delivery according to the specified demand of the security document - before date of registration in the state register.

10. Examination of the demand.

10.1. Examination of the demand for issue of the preliminary patent, patent for the confidential invention and confidential industrial designs consists of formal examination of the demand, preliminary expert examination and examination of the demand in essence. Examination of the application for issue of the certificate on confidential utility model consists of formal examination of the demand and preliminary expert examination.

Expertize of the demand for confidential objects of industrial property is carried out according to the order of carrying out examination on unclassified objects of industrial property established by the Patent law of the Kyrgyz Republic and regulations of Kyrgyzpatent.

According to the demand for confidential objects of the industrial property which passed formal examination with positive result preliminary expert examination, since date of the direction to the applicant of the notice of result of formal examination is carried out.

If as a result of preliminary expert examination it is established that the demand is issued on the offers which aren't relating to patentable the decision on refusal in issue of the security document is made.В случае подачи ходатайства о проведении экспертизы по существу проводится экспертиза по существу.

When carrying out examination of the application on the substance of Kyrgyzpatent has the right to involve the staff of the relevant ministries, the state committees and administrative departments. Heads of the ministries, the state committees and administrative departments are obliged to allocate in these cases of the specified experts with preservation of an average monthly salary and compensation of costs of journey and accommodation.

Examination of the demand in essence relating to essentially new means of arms, military equipment and special technical means is carried out after providing the conclusion of the interested ministries, the state committees and administrative departments which list defines the Government of the Kyrgyz Republic.

By results of examination of the demand the decision on delivery or on refusal in issue of the patent for the confidential invention or a confidential industrial design is in essence passed.

10.2. Objections on the decisions made by results of examination on refusal in issue of the security document are considered in Appeal Council of Kyrgyzpatent. The decisions made on the specified objections by Appeal Council can be appealed in a judicial proceeding.

10.3. The applicant has the right to get acquainted with all materials specified in its inquiry or the judgment. Acquaintance of the applicant with confidential materials is made in accordance with the established procedure, the regulated mode of privacy and the Law of the Kyrgyz Republic "About protection of the state secrets of the Kyrgyz Republic".

Copies of the patent materials requested by the applicant (except confidential) go Kyrgyzpatentom within one month from the date of receipt of inquiry of the applicant.

11. Recall of application for secret object of industrial property.

The applicant is able to recall the application to the date of sealing of secret object of industrial property.

12. Sealing of secret object of industrial property and issue of protect document

12.1. On decision of the Kyrgyzpatent on issue of protect document Kyrgyzpatent  conclude secret invention, secret utility model, secret industrial designs surely in state register secret industrial designs and issue protect document for name is need.

12.2. To the issued security document on request of his owner Kyrgyzpatent makes corrections of obvious and technical mistakes.

12.3. Data on secret inventions, secret utility models and secret industrial designs extend in system of information on confidential objects of industrial property in the order established by the Government of the Kyrgyz Republic.     

Paragraph V

Use of secret objects on industrial property.

13. Right to use confidential object of industrial property.

13.1. The right to use confidential object of industrial property belongs to the patentee, and also persons to whom this right passed legally.

13.2. Transfer of the right to use confidential object of industrial property protected by the security document is carried out on the basis of the license contract with observance of the requirement of preservation of the state secret.

Registration of license contracts is carried out by Kyrgyzpatent. Without registration the license contract is considered invalid.

13.3. Use by the patentee in the production and transfer to the third parties of a right to use the confidential object of industrial property created at implementation of the contract for development and production of special production is made by it with the permission of the customer of this production.

13.4. The customer at the conclusion of contracts for development and production of special production with use of confidential object of industrial property on which security documents are issued, provides acquisition of licenses.

In case of refusal the patentee from the conclusion of the license contract - the Government of the Kyrgyz Republic can allow the customer of special production in interests of national security use of confidential object of industrial property with compensation payment to the patentee.

13.5. At establishment of the fact of use, including realization of the right of a before use, the confidential object of industrial property protected by the security document with violation of the rights of the patentee for their use the provisions established by the legislation of the Kyrgyz Republic are applied.

14. Compensation for a classification of confidential object of industrial property.

On confidential object of industrial property monetary compensation for a classification of twenty minimum wages established by the legislation of the Kyrgyz Republic is paid to the patentee.

The specified compensation is paid at a time by the department which granted permission for application according to point 8.3 of the present Provision or made the decision on a demand classification according to point 8.6 of the present Provision.

Compensation for classification of invention, utility model, and industrial designs is paid in a month from the date of deliver protect document.

15. Remuneration to author, who is not owner of patent.

15.1. In a month from the date of receipt of the security document by his owner monetary incentive remuneration which isn't considered at the subsequent payments is paid to the author (authors) of confidential object of industrial property who isn't the patentee.

15.2. Remuneration is paid to the author (authors) who isn't the patentee for use of confidential object of industrial property.

Remuneration is paid by the patentee who used confidential object of industrial property in the production or provided the license for its use.

15.3. Amount of remuneration and an order of its payment are established according to the Law of the Kyrgyz Republic "On office inventions, utility models, industrial designs".    

Section VI

Cancellation of the security document

16. Contest of the security document.

16.1. The security document during all term of its action can be challenged by the natural or legal entity and is nullified in whole or in part in the following cases:

a) discrepancies of the protected confidential object of industrial property to the patentability conditions provided by the present Provision;

b) existence in a formula of the confidential invention, utilityl model or in the list of essential signs of a confidential industrial design of the signs which were absent in initial documents of the demand;

c) the wrong instruction in the preliminary patent or the patent or the certificate of the author (authors) or their owners.

16.2. Objections against issue of the security document on confidential object of industrial property on the bases provided by subparagraphs "and" and point 16.1 of the present Provision are considered in Kyrgyzpatenta from the date of submission of the corresponding statement, observance of the requirements of preservation of the state secret provided by the Law of the Kyrgyz Republic "About protection of the state secrets of the Kyrgyz Republic". The order of giving and consideration of objections is established by Kyrgyzpatent.

The decision made by results of consideration of objection can be appealed in a judicial proceeding.

17. Recognition of the security document invalid and termination of its action.

The security document is nullified in whole or in part on the basis of Kyrgyzpatent's decision, or the judgment which entered into force. The security document it is terminated:

a) after the term of its action established by the present Provision;

b) on the basis of the application submitted by the patentee to Kyrgyzpatent - from the date of receipt of this statement in Kyrgyzpatent;

c) in case of declassification of confidential object of industrial property according to point 20.1 of the present Provision.

Paragraph VII

Protection of the rights of owners of patents and authors

18. Settlement of disputes.

The disputes connected with application of the present Provision are considered in the order established by the legislation of the Kyrgyz Republic.

19. Responsibility for violation of the rights of authors.

Assignment of authorship, coercion to a co-authorship, illegal disclosure of data on confidential object of industrial property involve the responsibility provided by the legislation of the Kyrgyz Republic.

20. Classification of secret object of industrial

Check of need of preservation of the established degree of privacy of object of industrial property is made in the terms established at its classification by the ministry, the state committee or administrative department which made the decision on a classification. Such inspection can be carried out and at the initiative of the applicant or the patentee.

The decision on declassification is made by the Government of the Kyrgyz Republic on representation of the interested ministries, the state committees, administrative departments, and also the enterprises, establishments, the organizations.

The decision on declassification is told to the applicant or the patentee, and also Kyrgyzpatent

21. Issue of the security document on the declassified object of industrial property.

21.1. On the declassified object of industrial property the patentee can within one year from the date of declassification submit to Kyrgyzpatent the petition for delivery on the remained period of validity of the security document provided by the Patent law of the Kyrgyz Republic.

The term of the petition can be prolonged at a motivated request of the patentee. The petitions which arrived with violation of an established period to consideration aren't accepted.

21.2. Issue of the security documents provided by the Patent law of the Kyrgyz Republic on the declassified objects of industrial property is made by Kyrgyzpatent with preservation of the priority established according to originally submitted application for issue of the security document for confidential object of industrial property. The order of their delivery is established by Kyrgyzpatent.

The security document issued on the declassified object of industrial property is valid from date of submission of the petition for its delivery and is the basis for inclusion of the declassified protected object of industrial property in equipment level from the date of its priority at establishment of novelty of unclassified objects of industrial property according to the Patent law of the Kyrgyz Republic

ParagraphVIII

Final provisions

22. Authorized state bodies.

The Government bodies having the right for consideration and making the conclusions on materials of the demands relating to essentially new means of arms, military equipment and to special technical means are:

- Ministry of national security of the Kyrgyz Republic;

- Ministry of Defence of the Kyrgyz Republic;

- Ministry of Internal Affairs of the Kyrgyz Republic.

23. Patent fees.

For commission of legally significant actions connected with giving and consideration of demands for confidential objects of industrial property duties according to the legislation of the Kyrgyz Republic on duties on patenting of inventions, utility models, industrial designs are collected.

Duties on delivery and maintenance in force of security documents aren't raised.

24. Rights of foreign natural and legal entities.

Standards of the present Provision don't extend on foreign natural and legal entities if other isn't provided by international treaties of the Kyrgyz Republic.

25. The rights following from security documents of the USSR and demands for their delivery.

The applicant or the patentee with authors have the right to submit the petition for issue of the patent of the Kyrgyz Republic for the confidential invention protected by the copyright certificate or the patent USSR for the confidential invention under which didn't expire 20-year term from the date of application, for the remained term.

Payment of compensation for a classification in this case isn't made. In case the agreement between applicants isn't reached upon joint submission of the petition, issue of the patent isn't made

Provision on conditions and order of providing the compulsory license for object of invention and industrial property and its use

Approved by Resolution of the Government of the KR

of December 24, 1998 N862 

Provision

on conditions and order of providing

the compulsory license for object of invention and industrial property and its use. 

(In edition of resolution of the Government of KR of May,15 2001 N233)

1. Present Provision on conditions and order of providing the compulsory license for object of invention, industrial property (further - object of industrial property) and its use developed by Patent Law of the KR and define conditions and order to give the compulsory license for use this objects.

2. Using of object of industrial property, protected by patent, without the permission of the owner of the patent it is allowed in the presence of one of the following conditions:

а)if object of industrial property is not using enough by owner of patent or to bodies who have the rights (further – assignor) within three years from date of issue of the patent that leads to the insufficient offer of the corresponding goods or services on a commodity market and services of the Kyrgyz Republic;

в)In case of noncommercial use of such objects in the KR;

c) if it necessary in need of correction of practice which is recognized by court or antimonopoly authority as anti-competitive (monopolistic).

3. Any person wishing and ready competently to use object of industrial property, has the right to appeal to court with the claim for providing to it the compulsory license for use of the specified object.

4The person who submitted the application of claim has to submit the data confirming real need of the corresponding goods and services for the Kyrgyz Republic owing to non-use or insufficient use of object of industrial property by the owner and also data that he made attempts to sign the license contract with the owner on the conditions corresponding to the established commercial practice during the reasonable period of time and these attempts by it were rejected.

The specified requirements aren't applied in the cases provided by subparagraphs and "in" point 2 of the present Provision. In the case provided by the subparagraph point 2 of the present Provision, the owner is notified on such use in the shortest possible time, and in the case provided by the subparagraph "in" point 2 of the present Provision - immediately, and the volume and duration of use of the protected object of industrial property is limited to the purposes for which it is authorized, with payment to the owner of proportional compensation.

If the owner doesn't prove that non-use or insufficient use of object of industrial property is caused by good reasons, the court can provide the compulsory license for its use.

At pronouncement of the decision on providing the compulsory license the court has to consider the following provisions:

a) the compulsory license has to be based on individual qualities of object of industrial property;

b) the volume and duration of use of the compulsory license are limited to the purpose for which it is provided;

c) the amount of payments has to be established not low prices of the similar license defined according to the established commercial practice;

d) the compulsory license for technologies of semiconductors is provided only for noncommercial use by the Kyrgyz Republic or correction of practice which by a court decision or antimonopoly authority is defined as anti-competitive;

e) the compulsory license is the non-exclusive license and isn't subject to a cedation to other person. The right to use the specified object of industrial property can be transferred by the person to whom the compulsory license is provided, to other person only together with the corresponding production on which this object is used;

f) the compulsory license has to be provided only for ensuring requirements of the market of the Kyrgyz Republic

6. Patent owner , who is not able to use invitation without breaking thus the owner of other patent for the invention or certificates on Utility Model which refused the conclusion of the license contract on the conditions corresponding to the established practice has the right to appeal to court with the claim for providing to it the compulsory license for use of the invention or Utility Model in the territory of the Kyrgyz Republic provided that its invention represents important technical achievement of the essential economic importance in relation to the invention or Utility Model the security document on which belongs to other person.

By providing the specified license by court limits of use of the invention or Utility Model the security document on which belongs to other person, in the volume necessary for use of the invention patented by the person demanding providing the compulsory license to it, and also the size, terms and an order of payments have to be defined. The amount of payments thus has to be established not low prices of the similar license defined according to the established commercial practice.

Such license is not assignability. The rights of use of Invention or Utility Model received based on this point can be transferred only at a concession of the patent for the invention in connection with which this right is granted.

7. Court at pronouncement of the decision on providing the compulsory license for correction of practice which by a court decision or antimonopoly authority is recognized as anti-competitive, having the right not to apply the conditions provided by point 4 and the subparagraph "е" point 5 of the present Provision. Need of correction of anti-competitive practice can be taken into account when determining in such cases of amount of remuneration. The court has the right to refuse cancellation of permission if there is a probability of that the conditions which led to such permission can arise again.

8. The decision  on providing the compulsory license can be revised at appropriate observance of legitimate interests of the persons who obtained the compulsory license if the circumstances which led to it stop existing and it is improbable that they will renew. The court according to the reasoned statement has the right to consider a question of, whether these circumstances continue to exist.

9. Copies of judgments on the affairs provided by the present Provision are sent in the State agency on science and intellectual property under the Government of the Kyrgyz Republic for their registration. 

Provision On minimal rates of royalty for creation of copyright and related rights works, their first public performance and / or publication

PROVISION

On minimal rates of royalty for creation of copyright and related rights works,

their first public performance and / or publication

(As amended by the Decree of the Government of the Kyrgyz Republic

October 27, 2003 N 690)

I. General Provisions

1. This Provision is developed pursuant to the Law of the Kyrgyz Republic "On Copyright and Related Rights".

2. Royalty for creation of copyright and related rights works, their first public performance and / or publication shall be paid by individuals and legal entities to the author by means of contract order. The amount of royalty is determined in concrete case by mutual consent of the parties on the basis of agreement, however, it cannot be lower than the minimum rate prescribed by this Regulation.

3. This Provision does not apply to works created in the manner of discharge the official duties.

4. This Provision may be used for determination of the following minimum rates:

- Rates of royalty for fulfilment of orders for creation of dramatic, musical, musical-dramatic and literary works for the public performance or for the right of the first public performance of unpublished works;

- Rates of royalty for creating audiovisual (film, television and video, slide films, etc.) works, except for works of public studio;

- Rates of royalty for creation works of science, literature and art for their publication.

(As amended by the Decree of the Government of the KR dated October 27, 2003 N 690)

5. In case of creation of works not covered by this Provision, the royalty shall be determined by the agreement between parties and fixed in the agreement for creation of work.

6. According to the author's agreement, author is obliged to create work in accordance with the terms of the agreement and send it to client. Client is obliged to pay an advance as agreed in the agreement. The size, order and terms of an advance payment establishes in the agreement upon mutual agreements of the parties.

7. When in creation of the work involved several authors (hereinafter - the author), the royalty is determined by the work as a whole under these rates.

Distribution of royalties between coauthors shall be done upon mutual agreement, which may be provided in the agreement for the creation or publication of the work. In the absence of such agreement, copyright for the work enforces by all authors together and royalty shall be distributed equally among them.  

II. Rates of royalty for fulfillment of an order on creation of dramatic, musical, musical-dramatic, literary and artistic works for public performance or for the right of first public performance of unpublished works  

8. The size of royalty for fulfillment of orders on creation dramatic, musical, musical-dramatic, artistic and literary works for the public performance or the right of the first public performance of unpublished works is determined as a percentage of not less than 20 percent of the estimated cost for performing works. 

9. Authors are:

a) The author of the text (play, libretto, dramatization and translation);

b) the composer;

c) the artist;

g) choreographer (etc.).

During public performance royalties shall be distributed according to the Regulation of distribution royalties that is approved by the special Kyrgyzpatent Board.

10. During repeated performance of works with additions and amendments introduced by the author (s), the size of royalty is determined as a percentage - at least 5 percent of the estimated cost for the updated works.  

III. Rates of royalty for creation of audio-visual (film, television and video,

slide films, etc.) works 

11. The royalty for creation of audiovisual works shall be paid by the clients on the basis of a contract with the author (s) and provide not less than 10 percent of the estimated cost for movies and not less than 7 percent for documentaries, popular science and other genres.

12. The size of royalty for moviemakers in the case of acquisition of this movie by the distribution corporations shall be determined from the amount of sales and cannot be lower than 15 percent.

In the agreement with authors, it can be introduced special paragraph providing that opportunity.

13. The authors of audiovisual works under the Law of the Kyrgyz Republic "On Copyright and Related Rights" are:

a) The author of a treatment;

b) The author of a musical work (with or without text), specially created for this audiovisual work (composer);

c) the director;

g) the camera director;

d) the artistic director.     

IV. Rates of royalty for creation works of science,

literature and art in their publication 

 

14. The royalty for creation of any kind in the publication of works of science, literature and art is paid in the amount and within the time specified in the contract, which shall be compiled in written basis.

15. The copyright agreement on the publication of works must comply with the conditions provided in the Article 31 of the Law "On Copyright and Related Rights".

16. The size of royalty is set by contract with the author, depending on the aesthetic and artistic value of the work, its scope and complexity of the work, however cannot be less than 10 percent of the sales value for the entire circulation.

17. If the copyrighted work was published without a contract with the author (copyright holder), the publisher is obliged to pay to author (copyright holder) royalty in the amount of not less than specified in paragraph 16 hereof, except when the author (copyright holder) will challenge in court their right to receive greater compensation for moral and / or material damage.

18. The payment of royalty can be done in three stages, unless otherwise is provided by the contract:

- At the conclusion of the contract an advance shall be paid at least one third of the total amount of royalty;

- The next one third royalties shall be paid at issue (edition) the entire circulation;

- The remaining amount is paid after the implementation of the entire circulation.

19. The size of royalty during the second edition (reprint) of works of science, literature and art shall be established by contract with the author, but cannot be less than the following minimum rates:

- For a second edition - 7 percent;

- third edition - 5 percent;

- for the fourth edition - 3 percent;

- for the fifth edition and all subsequent editions - 1.5 percent of the selling cost of circulation. 

Provision on Interdepartmental commission on counteraction to violations in the field of intellectual property

Approved

by resolution of the Government

of the KR of February 23, 2004 N 93

 Provision

On Interdepartmental commission on counteraction to violations in the field of intellectual property

under the Government of the Kyrgyz Republic

 (In edition of resolutions of the Government of the KR 

Of September 27, 2006 N695, of August 27, 2007 N 377, of May 25, 2012 N318, of December 31, N878)

 

I. General provisions

II. The Main tasks of the Commission  

III. Functions and rights of the Commission

IV. Order of activity of the Commission.

I. General Provisions.

1. Interdepartmental commission on contriety infringements in the field of intellectual property under the Government of the KR (further commission) is coordination body  providing interaction of executive authorities, state and other organizations for realization of a uniform state policy in the field of counteraction to violations in the field of intellectual property in the Kyrgyz Republic.

2. The commission is guided in the activity by the Constitution of the Kyrgyz Republic, laws, regulations of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic, and also the present Provision.

II. The Main tasks of the Commission 

3.The  Main tasks of the Commission are:

аensuring carrying out a uniform state policy on counteraction to violations in the field of intellectual property in the Kyrgyz Republic;

b) ensuring effective interaction and coordination of activity of executive authorities, state and other organizations for counteraction to violations in the field of intellectual property;

c) development of offers on improvement of regulatory legal base in the field of intellectual property;

d) formation of legal culture in the field of intellectual property;

e) development of measures for counteraction to illicit trafficking in objects of intellectual property;

e) expansion of the international cooperation in counteraction to violations of intellectual property.

III. Functions and rights of the Commission

4.

а) carrying out of complex analyses of situation in the field of intellectual property in the Kyrgyz Republic, to implementation of recommendations to contriety to  infringements in this field.

б) to coordinate of the activities  of bodies of discharge authority and other organizations on contriety to  infringements in the field of intellectual property.

в) implement of Law drafts and other regulatory legal acts in the field of intellectual property;

г) definition of priority activities in the field of intellectual property;

e) preparation and submitting for examination of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic of offers on development and implementation of measures for counteraction to violations in the field of intellectual property;

e) submitting for examination of the President of the Kyrgyz Republic and Government of the Kyrgyz Republic of offers on expansion of the international cooperation of the Kyrgyz Republic on counteraction to violations in intellectual property, and also offers on participation of the Kyrgyz Republic in the corresponding international treaties;

g) assistance to the organization of control of implementation of decisions of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic on the questions entering competence of the Commission.5. Комиссия имеет право:

IV. Order of activity of the Commission.

6. The chairman of the commission is the first vice-prime minister of the Kyrgyz Republic.

(In edition of resolutions of the Government of KR of September 27, 2006 N 695, on December 31, 2012 N 878)

7. Work of the Commission is carried out according to the plans approved at a meeting of the Commission. Members of the commission make offers according to the plan of work, to the agenda of meetings and participate in preparation of materials for meetings of the Commission, and also drafts of its decisions.

8. Meetings of the Commission are held as required, but at least once a half-year. The meeting of the Commission is considered competent if at it there is not less than a half of her members.

9. Members of the commission participate in meetings personally, without the right of replacement. In case of absence of the member of the commission at a meeting he has the right to present the opinion on cases in point in writing.

Representatives of executive authorities, state and other organizations and mass media participate in meetings of the Commission in the order determined by the Commission.

The commission can consider single questions at private meetings.

10. Decisions of the Commission are made by a simple majority vote the members of the commission who are present at a meeting and made out by the protocol which is signed by the chairman of the Commission. In case voices were divided equally, that decision for which the chairman of the Commission voted is made.

The agenda of a meeting of the Commission and regulations of its work are approved by the chairman of the Commission or on his assignment - the vice-chairman.

11. The decisions of the Commission made within its competence are obligatory for the executive authorities presented to the Commissions, and also the organizations operating in the sphere of maintaining the specified bodies.

12. The officials of public authorities and representatives of the organizations who aren't its part if necessary can be involved in work of the Commission.

13. Organizational and methodical ensuring activity of the Commission is carried out by Public service of intellectual property and innovations at the Government of the Kyrgyz Republic (Кыргызпатент).

(In edition of resolutions of the government of KR of August 27, 2007 N 377, on May 25, 2012 N 318)

Provision on State registrations on objects of intellectual property in the Kyrgyz Republic

Approved by the resolution

of the Government of the

Kyrgyz Republic of February 29, 2012 N 155

Provision on State registrations on objects of intellectual property in the Kyrgyz Republic

 (In edition of resolution of the Government of the KR of February 4, 2014N71)

Present Provision on State registrations on objects of intellectual property in the Kyrgyz Republic defines an order of maintaining the state registers of objects of intellectual property of the Kyrgyz Republic (further - State registries of OIC).

1. The main reductions used in the present Provision:

WOIS - World Intellectual Property Organization;

WOIS ST.9 - Recommendations about bibliographic data in patent documents and the evidence of additional protection;

WOIS ST.60 - The recommendations relating to bibliographic data on Trademarks;

WOIS ST.80 - The recommendations relating to bibliographic data on Industrial designs;

CBPD - Codes of bibliographic these patent documents;

IPC - International patent classification;

PCT - Contract on patent cooperation;

ICGS - The international classification of goods and services for registration of signs. The Kyrgyz Republic joined according to the Law of the Kyrgyz Republic "On accession of the Kyrgyz Republic to the Niсes Agreement on the International classification of goods and services for registration of signs";

ICID - International Classification of Industrial Designs;

USSR – Union of Soviet Socialist Republic;

Devision of register– structural division of the Kyrgyzpatent.

Indicators of objects of the Copyrights:

С01 - literary works (literary art, scientific, educational, publicistic and other works);

C02 - drama and scenario works;

C03 - musical and drama works;

C04 - choreographic works and pantomimes;

C05 - pieces of music with the text or without text;

C06 - works of painting, a sculpture, graphics, design and other works of the fine arts;

C07 - works of arts and crafts and scenographic art;

C08 - works of architecture, town planning and landscape gardening art;

C09 - the photographic works and works received in the way similar to the photo;

С10 - the geographical, geological and other cards, plans, sketches and works relating to geography, topography and other sciences;

C20 - audiovisual works (film, TV and video movies, and other video works).

Identifier of objects of allied rights:

P21 - statements;

P22 - execution;

P23 - soundtracks;

P24 - transfers of the organizations of a radio and cable broadcasting.

2. State registries of IPO are the official documents intended for registration of objects of intellectual property to which legal protection in the Kyrgyz Republic, and also all changes of their legal status is provided.

State registries of IPO represent the books which are page by page numbered, strung together and certified by the press subject to continuous storage in department of registers.

ORDER

maintaining the State register of inventions of the Kyrgyz Republic

1. An invention order of registration in the State registry Invention

1. The state register of inventions of the Kyrgyz Republic (further - the State registry Inv.), is the official document intended for registration of inventions on which patents of the Kyrgyz Republic for the invention are granted (further - patents), and also changes of their legal status.

2. The term "patent of the Kyrgyz Republic for the invention" includes concepts: the patent with carrying out examination in essence, or the patent without carrying out examination in essence - the patent under responsibility of the applicant.

3. The basis for entering into the State registry inv. data on the invention are the decision on issue of the patent for the invention and payment of duty on registration of the invention, the publication and issue of the patent.

4. At registration of the invention in the State registry inv. introduction of data CBPD for identification of bibliographic data is carried out according to the WOIS ST.

9 standard with putting down of codes.

5. IN state register of invention issue following notes:

- number of the security document USSR (10);

- number of registration in the State registry of inv. (11);

- type of the document (12);

- date of registration of the invention in the State registry of Inv.(15);

- registration number of the application (for a re-registration of security documents of the USSR - number of the demand of the USSR) (21);

- date of application (22);

- start date of action of the property rights to the invention (24);

- number of the demand on the basis of which the conventional priority is asked (31);

- date of a conventional priority (32);

- country of a conventional priority (33);

- date of the publication of data on the invention, number of the bulletin (46);

- IPC (51) index(es);

- name of the invention (54);

- formula of the invention (57);

- number and date of submission of the initial demand from which the present demand is allocated (62);

- surname, name, middle name or full name of the applicant(s), code of the country (71);

- surname, name, author(s) middle name, code of the country (72);

- surname, name, middle name or full name of the owner(s) of the patent, code of the country (73);

- surname, name, middle name and registration number of the patent agent (74);

- the author(s) who is  also by the applicant(s), a code of the country (75);

- the author(s) who is  also by the applicant(s) and the owner(s) of the patent, a code of the country (76);

- registration these demands of PCT: registration number, date of giving (86);

- the address for correspondence (98).

2 An order of modification and additions in the State registry Inv.

6. In the course of maintaining the State registry Inv. the following changes and additional data can be made to it:

- about change of the name or a name of the owner of the patent and/or change of its address of location (residence);

- about the registered contract on a concession of the patent or the license contract on granting a right to use the invention;

- about recognition of the patent invalid in whole or in part;

- about extension of period of validity of the patent relating to pharmaceutics;

- about cancellation of the patent;

- about change of a formula of the invention at recognition of the patent invalid partially;

- about correction of obvious and technical mistakes;

- about issue of the duplicate of the patent.

1.Introduction of data on change of the name or name of the owner of the patent and/or address of its location (residence).

The basis for entering into the State registry inv. data on change of the name or a name of the owner of the patent and/or the address of its location (residence) is the statement of the owner of the patent, or his assignee, representative.

The statement has to contain the following data:

- number of the patent;

- number of the demand;

- date of application;

- name of the invention;

- former and new surname, name, middle name or full name and address of the owner of the patent.

The following documents have to be enclosed to the application:

- the copy of the document confirming competency of changes;

- original of the patent;

- the document on payment of the established duty;- the power of attorney issued by the owner of the patent to the patent agent registered in Kyrgyzpatenta if the application is submitted through it.

Modification can be connected with change of the name or a name of the owner of the patent in connection with its reorganization.

In this case the document confirming competency of changes is:

- the official document of the authorized Government body which carried out reorganization;

- a judgment about reorganization and succession;

- the charter of the organization with a mark about reorganization.

Foreign legal entities submit the document confirming competency of changes according to the legislation of the country where there were specified changes.

Documents are considered within a month from the date of their receipt. In the course of consideration to the owner of the patent (patent agent) the inquiry of the lacking or specifying materials can be sent. At the direction of inquiry the term of consideration of documents respectively lasts for one month.

At positive result of consideration of documents department of registers:

- brings in the State registry Inv. and an additional leaf to the patent a new surname, a name, a middle name or the name and (or) the address of residence/location of the owner of the patent;

- directs the notice on the made changes on the publication;

- hands or sends to the address of the owner of the patent (patent agent) the patent with the made changes.

2) To adopt information on registered  agreement cession of patent and licensing agreement to giving rights for use invention.

The basis for entering into the State registry inv. data on the registered contract on a concession of the patent or the license contract on granting a right to use the invention is Kyrgyzpatent's decision.

At registration of the contract on a concession of the patent or the license contract on granting a right to use the invention department of registers within a month from the date of receipt of the decision and in the presence of the original of the patent:

- brings the corresponding data in the State registry inv. and an additional leaf to the patent;

- hands or sends to the address of the owner of the patent (patent agent), the patent with the brought data.

To the state registry inv.and adding list for patent add following notes:

 - on agreements on cession:

enforcement;

Date of pronouncement of decision on contract registry;

 - by contract on give up rights for use inventions:

Grantee f license

type of license;

volume of the transferred rights;

for make decision on registry of the agreement;

duration of the agreement;

- under the contract on providing to any person the right for the open license:

date of the publication of data on the open license and number of the bulletin.

3) Introduction of data on recognition of the patent invalid in whole or in part.

The basis for introduction of data on recognition of the patent invalid in whole or in part (articles 31 and 32 of the Law of the Kyrgyz Republic "Patent law" (further - the Law) is the decision of Appeal of Board or Kyrgyzpatent's order on the basis of the judgment which entered into force.

Department of registers within a month from the date of receipt of the decision of Appeal of Board or Kyrgyzpatent's order:

- to adopt notes to state registry of inv. and add list for patent;

- direct for publication information on adopted to state registry of inv. notes.

 

Data are brought in the State registry Inv.:

- on recognition of registration of the invention invalid in whole or in part;

- on change of a formula of the invention at recognition of registration of the invention of the partially invalid.

4) Introduction of data on cancellation of the patent.

Kyrgyzpatent's order forms the basis for entering into the State registry Inv. data on cancellation of the patent.

- brings in the State registry of Inv. the corresponding data;

- directs on the publication the notice about brought in the State registry Inv. data.

Data on cancellation of the patent are brought in the State registry Inv:Department of registers within a month from the date of receipt of the decision of the Kyrgyzpatent:

 

- after the term of its action established according to article 4 of the Law;

- at failure to pay in due time duties on maintenance of the patent in force - from the date of the expiration of an established period for payment of duty on maintenance of the patent in force;

- on the basis of the application submitted by the owner of the patent to Kyrgyzpatent.

5) Introduction of data on extension of period of validity of the patent relating to pharmaceutics.

Period of validity of the patent for the invention relating to pharmaceutics can be prolonged by Kyrgyzpatent, but no more than for five years.

The petition of the owner of the patent or its assignee, representative forms the basis for entering into the State registry Inv. data on extension of period of validity of the patent. The validity can be extended on condition of payment of duty.

The petition has to contain:

- number of the patent;

- number of the demand;

- name of the invention;

- instructions of the owner of the patent (surname, name, middle name of the natural person or name of the legal entity);

- the address for correspondence.

To application for revocation have be attached:

- original copier of the patent ;

- copy of permission of competent authority to use;

- the document on payment of the established duty;

- the power of attorney issued to the patent agent by the owner of the patent if the petition moves through it.

Documents are considered within a month from the date of their receipt in Kyrgyzpatent.

At positive result of consideration of documents department of registers:

- brings in the State registry Inv, date to which the patent validity is extended;

- directs the notice on extension of period of validity of the patent on the publication;

- does a mark in the original of the patent about extension of term of its action;

- hands or sends to the address of the owner of the patent (patent agent) the patent with the made changes.

6) To adopt correction of the obvious and  technical mistakes.

Correction of the obvious and technical mistakes made not because of the applicant is brought by Kyrgyzpatent in the State registry inv, and the patent without payment of duty. For correction of the mistakes made because of the applicant duties are collected.

As the basis for entering into the State registry inv, corrections of obvious and technical mistakes Kyrgyzpatent's order or the statement of the owner of the patent serves.

Department of registers within a month from the date of receipt of the order of Kyrgyzpatent or the statement of the owner of the patent:

- brings in the State registry inv. correction of obvious and technical mistakes;

- makes the corresponding corrections to the patent;

- directs the notice on the made corrections on the publication.

7) Introduction of data on issue of the duplicate of the patent.

In case of loss or damage of the original of the patent, according to the statement of the owner of the patent or its assignee, Kyrgyzpatentom can be issued the duplicate of the patent. In the presence of several owners of the patent the duplicate is issued according to the joint statement of all owners or their assignees. Issue of the duplicate is the basis for introduction of data on issue of the duplicate of the patent.

Are enclosed to the application:

- document on payment of duty;

- document on succession (if necessary) (for example, notarized copy of the certificate on the right for inheritance).

In case of positive consideration of documents department of registers:

- brings in the State registry inv. data on issue of the duplicate;

- issues the duplicate of the patent to the owner or his assignee (the patent agent, the representative);

- directs the notice on the brought data on the publication.

 Issue of the duplicate of the patent is made after receipt of the statement in Kyrgyzpatent in a month.

The duplicate of the patent on structure of the data specified in it corresponds to the original of the patent and has validity, identical with it.

The duplicate of the patent is issued on the form of the patent of the sample operating during issue of the duplicate (an additional leaf, in case of its existence) on which in the right top corner the stamp "Duplicate" is put down. The issued duplicate is certified by the signature of the director Kyrgyzpatent and sealed.

At issue of the duplicate the original of the patent is considered not having validity.

Data on issue of the duplicate of the patent for the invention are published in the official bulletin of Kyrgyzpatent.

Provision On order of customs control related to the goods containing intellectual property subject matters

PROVISION

On order of customs control related to the goods containing intellectual property subject matters

I. General provisions  

1. This Provision developed in accordance with the Customs Code of the Kyrgyz Republic and determines the order of customs control related to the goods containing intellectual property subject matters.

2. For the purposes of this Provision the following determinations were applied:

Intellectual property subject matters – copies of scientific, literature and artistic works; copies of software, data bases, phonograms; goods marked by the trademarks, service marks, appellation of origin; 

Right holder – the holder of rights for intellectual property or holder of exclusive license for such product;

Counterfeit goods – goods containing intellectual property subject matters, if movement of such goods through the customs border or other activity with this goods that are under the customs control entails infringement rights of right holders that protected in accordance with legislation of the Kyrgyz Republic;

Suspension of the release – suspension by the customs authorities the release or conditional release of goods containing intellectual property subject matters.

3. The customs authorities of the Kyrgyz Republic within its duties protect rights of right holders of intellectual property subject matters that are included into the Register of the State Customs Service under the Government of the Kyrgyz Republic (hereinafter referred as SCS). 

II. Application for registration the intellectual property subject matters  

4. Application for registration the intellectual property subject matters in the Register of SCS shall be submitted by right holder to SCS and should include: 

1) Application that contains the followings:

- Comprehensive data about right holder;

- indication of intellectual property subject matter that is going to be included into the Register;

- names and addresses of organizations that produce its goods, as well as organizations that have authority or license for exploitation of intellectual property subject matters, documents that certifies authority for their exploitation;

- origin of producing goods;

2) Documents confirming the rights for intellectual property subject matters. It might be:

- Certificate on registration of trademarks issued by the State Service of Intellectual Property of the Kyrgyz Republic (hereinafter referred as Kyrgyzpatent);

- abstract of title from the International Bureau of the World Intellectual Property Organization on international registration of trademarks in the Kyrgyz Republic with appropriate certificate from Kyrgyzpatet;

- certificate of right to use appellation of origin issued by Kyrgyzpatent;

- certificate on registration of copyright if it registered in Kyrgyzpatent;

- agreement on transferring of rights for trademarks and service marks (license agreement, rights assignment contract) registered in Kyrgyzpatent;

- agreement on transferring of rights for copyright (license agreement, assignment contract);

3) description of original goods containing intellectual property subject matters and as necessary a sample or a photo-shoot or other data that provides comprehensive picture of appearance of the good containing intellectual property subject matter;

4) other information that allows identify the counterfeit goods:

- name and address of importer and/or consignee on suspecting on counterfeit goods;

- detailed description of the suspected goods including sample and/or photo-shoot;

- country or countries of origin and enterprises producing suspected goods;

- place where suspected goods are going to be presented for customs clearance;

- type of transport or title of the shipping organization;

5) the written obligation of right holder completing by sample according to annex to this decree on compensation of expenses of the customs authorities (in case of right holder or his/her representative does not provide documental confirmation about the taking legal steps in the judicial authorities) and losses of declarant (if by the decision of court found that suspended goods are not counterfeit) (hereinafter referred as obligation).  

6) document confirming payment of fee. 

III. Application processing

5. The SCS receives and processes applications.

6. The SCS considers an application within a period not exceeding one month and makes decision on inclusion the indicated in application an intellectual property subject matter into Register or on refusal on its inclusion. Applicant shall be informed about the decision in a written form. If there are sufficient grounds, the SCS is entitled to postpone term but no longer than on month.    

7. After making decision on registration the intellectual property subject matter includes into Register.

The information sheet containing necessary data for identification an intellectual property subject matter distributes to customs authorities and further to the customs for execution within a 3 days.   

The intellectual property subject matter may be excluded ahead of time from the Register based on application of right holder or by the decision of the SCS in case of non-informing by the right holder about change of information related to termination of rights for intellectual property subject matter, change of right holder and early termination of the license agreement or providing false information during inclusion of intellectual property subject matter. 

8. The term of protection by the customs authorities the rights of a right holder establishes by the authorized state body during decision making on the inclusion an intellectual property subject matter into the Register for two years from the date of including an intellectual property subject matter into the Register.

The indicated term may be prolonged in case of presence an address of applicant on it, on the basis of payment of the appropriate fee.

The total term of protection rights cannot be more than the term of expiration of rights to intellectual property subject matter.  

9. For the registration of an intellectual property subject matter in the Register is charged fees for the following actions:

- registration of each intellectual property subject matters - 1330 som;

- prolongation of term of registration of intellectual property subject matter - 410 som.

10. The Register is maintaining by the SCS. The order of maintenance and publication of Register is defined by the SCS. 

IV. Suspension of release of goods  

11. The order of customs clearance and customs control in respect of goods containing intellectual property subject matters is implements according to Customs Code of the Kyrgyz Republic and other legislation with specification stipulated herein.

12. In case of identification of goods containing intellectual property subject matters registered in the Register, customs authorities suspend the release or conditional release and realization of these goods.

The release of goods does not suspend if the right holder provides a written contest to importation after receiving notification on suspension.

13.  The decision to suspend the release for a period of ten working days makes the head of customs authority of the Kyrgyz Republic that realizes the customs clearance or the individual who is replace him/her.

14. The customs authority is obliged to notify declarant and right holder about the suspension of the release no later than next day after day of making decision on such suspension, as well as informs declarant about right holder’s title and address and to right holder about the declarant’s title and address. 

15. The right holder during ten days after receiving notification on suspension of release of goods should provide the custom authorities documents certifying that legal steps are taken.

16. If after ten days the customs authority was not notified by the right holder about the legal steps, goods release to the declarant as long as all the rest condition of importation have been met. 

V. Compensation of expenses related to suspension of release  

17. The right holder is obliged to enforce of obligations in accordance with the civil legislation of the Kyrgyz Republic within three working days after receiving notification on suspension of release.

In case of right holder does not fulfil conditions of part 15 of this Provision, obligation returns to the right holder less expenses of customs authorities related to suspension of release of goods and losses committed to declarant emerged due to suspension of goods. In case of the amount of obligation is not sufficient for covering expenses and loses then the size of amount subject to surcharge is defined by agreement between right holder and declarant or by legal means.     

VI. Relation to the information presented to the customs authorities of the Kyrgyz Republic.

Sampling

18. The customs authority may present to the right holders and declarants information without prejudice to data security containing state, commercial, official secret that can be used for identification whether goods in respect of which has made decision on suspension the release are counterfeit or not.

19. The information presented to the right holders or declarants cannot be transmitted to the third parties and shall be used only with the purpose to which it was presented.

20. The right holder and declarant upon authorization of the customs authority and in presence of its officer may take samples of goods in respect of which has made decision on suspension the release, and also conduct their examination.

VII. Cancelation of decision on suspension the release 

21. If the right holder during the decision on suspension the release applies with request to cancel the decision on suspension the release and (or) on excluding from the Register of the SCS or does not provide an obligation established by this Provision, the decision on suspension shall be canceled.

22. The decision on suspension the release of goods is subject to cancel after the right holder’s provision of evidence on institution of a judicial process in respect of suspended goods and after imposing arrest by court. The decision on suspension the release cancels by the head of customs authority of the Kyrgyz Republic or by officer who is replaces him/her.

Links

 

 

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