Regulation on Kyrgyzpatent
Approved by the Decree
of the Kyrgyz Republic
of February 20, 2012. No 131
on the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic
1. The State Intellectual Property Service and Innovation under the Government of the Kyrgyz Republic (hereinafter referred to as Kyrgyzpatent) is the State body of executive power, which realizes the unified policy in the field of protection of intellectual property and Innovation development.
2. Kyrgyzpatent’s activities are guided by the Constitution and Laws of the Kyrgyz Republic, Decrees and Orders of President of the Kyrgyz Republic; resolutions of the Jogorku Kebesh of the KR; resolutions and regulations of the Government of the Kyrgyz Republic, international treaties with membership of the Kyrgyz Republic, the present Regulation and other normative legal acts of the Kyrgyz Republic.
3. Kyrgyzpatent is a legal entity, which has independent balance sheet, own property, current (including foreign currency) and other bank accounts in accordance with the legislation of the KR. Kyrgyzpatent has a seal with the State Emblem of the Kyrgyz Republic and with its name in State and Official languages, stamps, official forms.
4. Kyrgyzpatent and its subordinate bodies constitute a single system of intellectual property of the Kyrgyz Republic.
5. Ob behalf of the KR Kyrgyzpatent grants titles of protections for the intellectual property subject-matters.
6. Kyrgyzpatent shall independently organize and realize its activities within its authority in accordance with the Regulation and non-contradicting ones.
The main goal – to provide intellectual property (IP) protection and innovative activity development.
The main tasks of Kyrgyzpatent are as follows: providing and insurance of legal protection of IP subject matters and Traditional Knowledge; assistance to development of creativity in the field scientific, literary and artistic works as well as promotion of perspective scientific technical designs and commercialization of IP subject-matters; development of the national system of the patent and technical information; development and encouragement of innovative activity.
1) Functions of the branch policy:
– development and realization of the national strategy and programs in the field of IP and innovation;
– analysis and summarizing of the practice for national legislation enforcement and inserting in due order the proposals on improving of normative legal acts in the field of IP and innovation;
– development of proposals on conclusion of international agreements on issues of Kyrgyzpatent competence, ensuring obligations execution on these treaties;
– providing of security and protection of the public information resources, information systems and networks, functioning under Kyrgyzpatent direction;
– keeping the Registers of IP SMs and patent attorneys;
– conducting of researches to assess situation and problems of patent-technical information as well as formation and rational use of the national and state information resources;
– formation of proposals for development of innovative activity in the KR;
– organization of monitoring and analysis of innovative projects;
– analysis of innovative projects and carrying out of recommendations on development;
– development of mechanisms for stimulation of innovative activity jointly with interested parties.
2) Functions of regulation:
– examination for titles of protection issuing for IP SMs, TK, SAs, Topology if integral circuits and implementation of the state examination;
– granting on behalf of the state titles of protection issuing for IP SMs, TK, SAs, Topology if integral circuits and implementation of measures to their maintenance;
– registration of agreements on cession of rights, licensing and author’s agreements for IP SMs protected in the territory of the Kyrgyz Republic, Copyright and Related Rights subject-matters;
– proposal of improvements to existing legal base in the field of intellectual property;
– analysis of implementation of laws in the field of intellectual property;
– consideration of objections and appeals for decisions of the State examination of applications to issue titles of protection, as well as other requests of individuals and legal entities on issues related to competence of Kyrgyzpatent;
– carrying out the state attestation of patent attorneys and maintenance the register of patent attorneys of the Kyrgyz Republic;
– calculation of authors and related rights owners;
– conclusion of license agreements with IPRs users for right to use of copyright objects;
– measures execution in the case of copyright users’ refuse to conclude license agreements and remuneration payment according to legislation of the KR;
– state attestation and registration of patent attorneys.
3) Functions of coordination and control:
– coordination of Kyrgyz State bodies management activities on IP subject-matters protection issues;
– control and interaction with organizations administering economic rights on the collective base of authors and related rights holders;
– consideration of objections and complaints on results of state examination by applications for titles of protection granting as well as petitions of juridical and natural persons on issues of Kyegyzpatent’s competence;
– coordination of economic rights administration on the collective base through establishment of deliberative body – the College of Authors under Kyrgyzpatent;
– coordination of economic rights administration of related rights holders on the collective base through establishment of deliberative body – the College of Related Rights Holders under Kyrgyzpatent;
– control of effective usage of means by dependent organizations.
4) Functions of services providing:
– collection, distribution and payment of remuneration to copyright for use of works according to legislation of the KR and agreements on mutual representation of interests with foreign organizations on economic rights management;
– provision to interested state bodies, legal and natural persons with information and analytical materials in the field of patent technical information;
– rendering of legal and informational services on contractual basis regarding the issues of creation and protection of IP SMs to natural persons and legal entities;
– collection and distribution of funds or the State Intellectual Property Fund, which was formed from the funds paid for the use of copyright SMs, transferred to the public property as well as uncalled remuneration during 3 years and other means in the order according the legislation of the KR;
– publication and realization of information, normative, scientific, methodical and teaching materials and other publishing services.
5) Functions of support:
– international cooperation on legal protection issues and exploitation of IP subject-matters, authorized representation of the Kyrgyz Republic in relevant international organizations, taking measures aimed at fulfillment of obligations of the Kyrgyz Republic, imposed by international treaties and agreements;
– organization of studies related to IP protection;
– conclusion of agreements on mutual representation of interests with foreign organizations of collective management of authors’ economic rights, assistance to inventors, copyright and related rights holders at their rights realization;
– assistance to foreign patenting and purchase of patents on behalf of the state;
– completion of the state patent fund of descriptions of domestic and foreign inventions, documentation and literature on other IP SMs;
-assistance to commercialization of IP, applying of innovation activity results of effective IP SMs, having important economic significance;
– organization of informational coverage of innovative projects;
– organization and implementation of exhibitions, contests, seminars and other events for innovative activity support;
– implementation of researches and examination of products and goods to reveal rights infringements for some IP SMs.
The following rights are granted to Kyrgyzpatent:- to submit for consideration of the Government of the KR proposals on issues related to formation, legal protection and functioning of IP system;
– to move in established order proposals on treaty-making in IP sphere, negotiate withig its competence with relevant international organizations and sign mentioned treaties;
– to organize and carry out scientific research, exhibitions, contests and other works on IP problems;
– to publish and realize informational, normative, scientific, methodical and educational materials and other literature in the field of IP and innovative activities;
– to form information resources;
– to move in established order proposals on awarding State prizes and awards;
– to determine unified form of documents related to protection intellectual property subject matters;
– to obtain from copyright and related rights users presence of documents certifying legal using of copyright and related right objects;
– to demand from all users of copyright and related rights objects presence of relevant license contracts registered in Kyrgyzpatent as well as monthly providing а list of used works. In case of non compliance with this requirement to take measures according to the legislation;
– to take measures according to the legislation in case of rejection to pay royalty by the user of copyright and related rights;
– to obtain necessary information on inventive, patent and license work as well as statistical data on other IP SMs from ministries, State Committees, administrative bodies and other executive authorities according to the legislation;
– to move in established order proposals on determination of costs and tariffs for scientific technical and patent information, as well as for works and services in the field of innovation and IP protection;
– to establish under Kyrgyzpatent organizations and groups assigned for execution of works and services rendering in the field of IP in established order;
– to invite in contracting base domestic and foreign specialists or juridical persons for solving problems related to legal protection of IP SMs, as well as for executing of works and services within Kyrgyzpatent’s budget;
– to organize and conduct scientific research and other works related to sore points in the IP field;
– to organize a work on assistance to evaluate and commercialize IPSMs;
– to organize exhibitions, conferences, seminars, “round tables” and other events on IP protection, including international events;
– to participate at establishing and activity of dependent organizations of Kyrgyzpatent, having the status of juridical persons;
– to create the College of Appellations, mandatory initial body for consideration of objections and petitions on issues protective power of industrial property SMs and selection achievements; Regulation on the College of Appellations shall be approved by the College of Kyrgyzpatent;
– to establish the advisory body – Council of Inventors under Kyrgyzpatent
– to execute other rights, described in the legislation of the KR.
State Secretary shall be assigned and dismissed as well as his/her authorities are determined by the legislation of the KR on state service. Deputy Chairman shall be assigned and dismissed by Prime-minister of the KR by recommendation of Chairman, subordinates directly to him and organizes Kyrgyzpatent activity in accordance with competencies and duties.
6.3. Chairman, State Secretary and Deputy Chairman are civil servants.
6.4. Kyrgyzpatent Chairman’s duties are as follows:
– organization and management of Kyrgyzpatent and the Central Office system, as well as has personal responsibility for the fulfillment of Kyrgyzpatent’s tasks;
– representation of Kyrgyzpatent in relationships with international organizations, state bodies of the Kyrgyz Republic, industries, agencies and organizations of the Kyrgyz Republic and foreign states on the territory of the Kyrgyz Republic, conducts negotiations within his duties and in established order signs international contracts, agreements and protocols on cooperation on the issues within the competency of Kyrgyzpatent;
– determination of duties of State Secretary and Deputy Chairman; establishing of authorities of other Kyrgyzpatent officials for execution operational, organizational, personnel, financial, logistic and other matters within Kyrgyzpatent competency;
– submitting of recommendations to Prime-minister of the KR on assignment of heads of Kyrgyzpatent dependent organizations;
– according to the legislation of the KR assignment and dismissal of deputy heads of Kyrgyzpatent dependent organizations;
– according to the legislation of the KR assignment and dismissal of Kyrgyzpatent Central Office officials;
– determination of remuneration of labor for officials of dependent organizations; – approval of the structure and staff number of the Central Office of Kyrgyzpatent within the established maximum number and Regulation on its structural sub-organizations;
– approval of the structure and staff number of dependent organizations;
– approval of annually income and expense plan of Kyrgyzpatent’s means and control of its execution;
– issuing in accordance with the legislation and present Regulation the compulsory orders, regulations, instructions, rules and other legal acts, including those in cooperation or agreed with the heads of state bodies of the Kyrgyz Republic, arranges supervision over their execution in structural units and subordinate bodies under Kyrgyzpatent;
– specification in accordance with the legislation of the KR the internal work schedule of Kyrgyzpatent and duties of Kyrgyzpatent’s staff;
– proposals in respective order the outstanding Kyrgyzpatent employees to be honored by state awards and honorary ranks;
– use of disciplinary penalties established by the legislation of the KR relating to Kyrgyzpatent officials;
– management of credits, including currency funds;
– makes decisions on stimulation of Kyrgyzpatent employees work in accordance with Law of the Kyrgyz Republic, as well as with Collective Agreement;
– other duties implementing in accordance with the legislation of the KR.
6.5. Kyrgyzpatent forms the College consisting of 9 persons: Chairman (Chairman of the College), State Secretary and Deputy Chairman, entering to the College by their posts. Other members of the College shall be approved by order of Prime-minister of the KR by recommendation of Kyrgyzpatent Chairman. Representative of the Government Office is also a member of the College.
6.6. Kyrgyzpatent establishes the Public Supervisory Council, which is the consulting supervisory body aimed at coordinated interaction with ministers and civil society. Decisions of the Council have recommendation character.
6.7. For operative resolving of current working issues and coordination of divisions’ activities the scientific-technical council may be established; its personnel membership shall be approved by Kyrgyzpatent Chairman.
7.1. Kyrgyzpatent and its dependent subdivisions implement their activity as a self-financing organization. Kyrgyzpatent and its dependent subdivisions are financed at the expense of fees to be paid for registration and protection of intellectual property subject matters, including those provided by the Madrid Agreement concerning International Registration of Trademarks, Protocol of Madrid Agreement concerning International Registration of Trademarks, Eurasian Patent Convention, Hague Agreement concerning International Deposit of Industrial Designs and other international treaties in the field of intellectual property for examination conducting and other legal acts, as well as other receipts, which does not contradict to the Legislation of the KR.
7.2. Kyrgyzpatent shall in appropriate order manages cash budget, prepares and provides appropriate bodies with statistic, accounting and any other reports.
7.3. Reorganization and liquidation of Kyrgyzpatent shall be done in the order established by the legislation of the KR
7.4. In the event that Kyrgyzpatent ceases its operation, all its documents shall be forwarded, kept and used in the order provided by the Law of the KR «On the National Archive Fund of the Kyrgyz Republic».