Intellectual Property in Kyrgyzstan

Written by Sandeep Nehra

In the field of intellectual property created by the legal framework ensures its protection and realization. Here are the major laws of Kyrgyz Republic related to various patents, copyrights, legal protection of electronic products, software, commercial secrets,trade names, service marks etc.

Law of the Kyrgyz Republic “Patent Law”

The procedure of patenting and protection of industrial or intellectual property in the Kyrgyz Republic provides for the application to the State Agency on Science and Intellectual Property under the Government of the Kyrgyz Republic (Kyrgyz patent) Any legal or natural person regardless of nationality. Kyrgyz Republic will provide equal protection for both local and foreign investors. The right to industrial property is confirmed by a patent for an invention or industrial design, as well as a certificate for the household model, which would certify the primary, the authorship and exclusive rights of the owner of the document to the data objects of industrial property. A patent for industrial design is valid for 10 years from the date of the registration application at Kyrgyz patent and may be extended at the request of its owner for a period of 5 years.

Law on Employee’s Inventions, utility models and industrial designs

Regulates relations between employers (they can be, and investors) and employees about the creation and use of office of inventions, utility models and industrial designs. The employer owns copyright in the office of the invention, utility models and industrial designs, if they were developed by an employee within the volume of his work. He is entitled to apply to Kyrgyz patent within 4 months after the study of the invention.

The Law on “Trademarks, Service Marks and Appellations of Origin”

Provides effective and full protection of trademarks registered in the Kyrgyz Republic. Kyrgyz patent takes allegations of trademark registration and trademark services, for permission to use the names of origin of goods, records and licenses.

Application for trademark registration is completed in Russian and Kyrgyz languages only for one trade mark and should include:

• The request for registration of a distinctive mark as a trademark with the indication of the applicant and his nationality or place of destination

• The claimed mark and its description

• A list of goods and services, which require a trademark to be divided into classes according to Mezhdunarodnoysistemoy Classification of Goods and Services for the Registration of Marks

Law of the Kyrgyz Republic “On Trade Names”

A foreign legal entity may register its trade name in the territory of the Kyrgyz Republic. The exclusive right to trade name takes effect from date of application for registration of a legal entity in Kyrgyz patent and indeed throughout the term of the license. Trade names of banks, financial or credit institutions which are active in the Kyrgyz Republic in accordance with the issued license of the National Bank of the Kyrgyz Republic, must comply with the Act and legislation on banking activities.

Law “On Copyright and Related Rights”

Provides overall protection of goods protected by copyright, regulates relations arising in the creation and use of scientific, literary and artistic works (copyright), phonograms, performances, theater, television and radio programs and cable TV (related rights) . The Kyrgyz Republic supports the creation of legal environment for creative work in science, literature and art, the implementation of the authority of the copyright and ownership rights, including the right to sue, the conclusion of agreements on the use of copyrights, including the collection and payment of fees on copyright.

The Law on “Commercial Secrets”

The State guarantees the natural and legal persons, as well as foreign individuals and legal entities engaged in economic activities in the territory of the Kyrgyz Republic, the right to preserve and protect trade secrets.

Law of the Kyrgyz Republic “On Legal Protection of programs for electronic computers and databases”

Copyright applies to software and database, once published anything or not published at all, represented in material form, regardless of the material, purpose and significance. Legal protection extends to all types of software (including operating systems and software systems), in any language in any form, including original texts and real codes.

Copyright of the software or database operates throughout the life of the author and after 50 years of his death.

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