In 2018 the IP system of the Kyrgyz Republic celebrated its 25th Anniversary of establishment.
With the establishment of the Patent Department under the State Committee on Science and New Technology in 1993 starts the history of the IP system in Kyrgyz Republic. Sometime after that it was transformed into the IP Head Department of the Ministry of Education and Science of the Kyrgyz Republic
However, with the purpose of enhancing the system of protection IP there was necessity to create an independent state body that settles not only patent issues but also other IP subject matters issues.
In this regard, on the basis of the IP Head Department the State Agency of IP under the Government of the Kyrgyz Republic has been created in 1996. Nowadays the State Service of IP and Innovation under the Government of the Kyrgyz Republic (hereinafter referred as Kyrgyzpatent) is an executive authority that realizes united policy in the field of protection IP and innovation development. The main functions of Kyrgyzpatent are as follows: Providing legal protection on the all IP subject matters and development of the mechanisms on encouraging innovative activity in the Republic in cooperation with stakeholders.
For the purpose of development the state system of IP in Kyrgyzstan, in 2000 the State Program of Development System of IP in the Kyrgyz Republic for 2000-2010 “Intellekt” was adopted by the Government Decree No. 721. Activities that provide development of scientific-technical and art creativity, market of IP subject matters, innovative cooperation were conducted within the “Intellekt” Program framework.
The National Strategy of Development IP and Innovation for 2012-2016 started its work on implementation tasks in 2012 that was focused on shifting the intellectual and innovative activity to the new level.
The reliable system of IP creates an environment where flourishes technical innovation and artistic works. No doubt that for creation such system is needs the legal framework which meets international standards.
In this direction, Kyrgyzpatent has been done huge work, as evidence to it 18 Law in this field were developed and adopted, as well as relevant rules to Civil, Criminal, Customs code were adopted.
The Patent Law, the Law “On Copyright and Related Rights”, the Law “On Trademarks, Service Marks and Appellations of Places of Origin of Goods” etc. were adopted among the first. The Law of Kyrgyz Republic “On Traditional Knowledge” entered into force as one of the first in the Central Asia region.
In accordance with adopted laws more than 428 a subordinate legislative were developed and entered into force in the form of various provisions and rules that concretize relationship by the individual IP subject matters
The key role in the development of the IP system in the Kyrgyz Republic plays international cooperation. During 20 years Kyrgyzstan is member of the WIPO, WTO, UPOV, EAPO, etc.
At present time, Kyrgyz Republic is member of the 70 multilateral international agreements in the field of IP – these are Paris Convention for the Protection of Industrial Property, Berne Convention, Madrid Agreement Concerning the International Registration Marks, Patent Cooperation Treaty, TRIPS, Singapore Treaty on the Law of Trademarks etc.
Active accession to the international treaties and their further compliance allows maintaining stable international legal regime. Therefore, we should be confident that IP rights will be respected in the world promoting economic development.
Bilateral intergovernmental agreements on the protection industrial property were concluded with the following states: Russia, Kazakhstan, Uzbekistan, Azerbaijan and Armenia. Agreements on protection IP concluded with Turkey and China. Interdepartmental agreements concluded with the French Patent office in the field of industrial property, with Russian and Kazakh Authors Communities, with Uzbek and Tajik Agencies on Copyright, with Moscow Representatives of IFPI, with Turkish Patent Institute, with Hungarian, Austrian and Poland Patent Offices on cooperation in the field of industrial property. Memorandum on cooperation with the US Patent and Trademark Office are preparing conclusion.
Nowadays IP is not only covering all aspects of life but also becoming an efficient tool for surviving, keeping and developing of production. For the confirmation of it, serves dynamics of the protected industrial property subject matters in the Republic. Dynamics of providing the legal protection of IP subject matters reflects an increase of indicators in the field of IP in Kyrgyzstan, although recent political events temporarily affected the quantitative indicators of patenting.
The need for registration of industrial property entails the emergence of disputes relating to the legality of the registration of these objects. Within the Kyrgyzpatent operates special body for consideration such disputes, this body is Appeals Board.
The system of protection copyright and related rights is a prerequisite for the development of creativity, providing authors with an incentive in the form of recognition and fair economic rewards.
In the accordance with the Kyrgyz Republic Law “On Copyright and Related Rights” Kyrgyzpatent serves as the organization on collective management of economic rights of authors and right holders, since 1999 Kyrgyzpatent collects and distributes royalties of authors and right holders.
The important role in the development of IP system plays supporting and encouraging activities of inventiveness and creativity. The State Fund of IP under Kyrgyzpatent was established in 1998 for these purposes.
The State Fund of IP during its activity financially supported authors and inventors for a total amount of 10 700 156 soms.
44 authors and inventors were awarded the WIPO Golden Medal for the achievements in the field of science, literature and art. 8 authors were awarded the Blinnikov’s Golden Medal for contribution to inventive and patent works.
There is Inventors Union, Authors Union for the purpose of coordination an activity of inventors, authors and related rights holders.
One of the main conditions for the accelerating scientific-technical progress and development economic is a timely information provision. Since 1998 the State Patent Technical Library under Kyrgyzpatent is functioning that celebrated its 45th Anniversary in 2012.
In order to publicize the issues of IP, Kyrgyzpatent publishes the Official Bulletin “Intellektualdyk Menchik”, the magazine “Vestnik Kyrgyzpatenta: issues on IP” and also training aids, methodical recommendations, indicators, compilations in support of SMEs etc.
The free market can hardly exist without a strong and effective IP protection system. In this regard, Kyrgyz Republic raises to the next level the issues of improving the legislation of the Kyrgyz Republic taking into account the international treaties, strengthening the fight against violations in the field of IP and efficient infrastructure building.
In order to strengthen the fight against offences in the field of IP, the Interdepartmental Commission for Counter Violations in the field of IP under the Government of the Kyrgyz Republic has been created in 2008. By the decision of this Commission Kyrgyzpatent were entrusted with authority to conduct the state examination of goods and productions that contains IP subject matters for counterfeit. Thus, Kyrgyzpatent examined 152115 productions for counterfeit. In cooperation with the Bishkek City Hall, Financial Police, Judicial Department the large-scale actions “Stop Piracy!” and “Combat Against Piracy” have been conducted, where more than 30 thousand copies of CDs were destroyed.
For the purpose of achievement all intended objectives in the development IP system the special contribution makes human resources for providing successful fight against the violations in the field of IP, it requires highly qualified specialists in the law-enforcement, custom, judicial and other authorities. Therefore, Kyrgyzpatent trains officers of law-enforcement, custom and judicial authorities within the professional development program on suppression violations in the field of IP. To this date, 250 people have been trained.
The functions on the development of innovations transferred to the Kyrgyzpatent on February 20, 2012 by the Government Decree No. 131. In that context, the State Council on Innovation under the Government of the Kyrgyz Republic established by the Government Decree No. 790 in order to build an efficient national innovative system and with a view to improve an innovative activity management, coordination activity of ministries, offices and strengthening interdepartmental control over introducing of innovative projects.
The Register of Innovative Projects of the Kyrgyz Republic has launched in 2012 where a scope, implementation readiness, total amount and payback periods were indicated. This Register contains information for investors and business representatives.
For the entrepreneurs from regions of Kyrgyzstan, Kyrgyzpatent provides informative and consulting assistance in the field of innovation. The Technology and Innovation Support Center (TISC) was opened in the south capital of Kyrgyzstan on the basis of the Osh Social University. The first TISC has been opened in 2010 on the base of the State Fund of IP with financial and technical support of WIPO.
Moreover, Kyrgyzpatent are paying much attention to the international legislation and expreince of other countries in the field of innovation development, particularly in the field of creation innovation centers, selection of innovative projects and establishment of innovation system.
Thus, the Agreement on Cooperation between the State Service of IP and Innovation under the Government of the Kyrgyz Republic and Non-Commercial Organization called Fund for the Advancement of the Center for Development and Commercialization of New Technologies “Skolkovo” of the Russian Federation has been signed on July 24, 2014 that focused on building infrastructure of innovative activities, encouragement of development national innovative system, creation techno parks for the assistance of innovative projects and enterprises.
There is no doubt that IP is closely related with innovation, because only protected IP subject matters might be introduced with benefit not only for right holder but also for economic development. At the moment, the innovative way of development became strategic directions of development for many countries. Developing innovation state obtains new products and services that meet market demand and sold at a profit. Patent system exploits for promotion innovation and assistance of economic activity.