Regulation on Kyrgyzpatent
Approved by the Decree
of President
of the Kyrgyz Republic
of January 15, 2010
No. 5

Regulation
on the State Intellectual Property Service of the Kyrgyz Republic
I. General Provisions
II. Tasks of Kyrgyzpatent
III. Functions of Kyrgyzpatent
IV. Kyrgyzpatent’s Rights
V. Organization of Kyrgyzpatent’s operation

I. General Provisions

1. The State Intellectual Property Service 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 traditional knowledge on the whole territory of the Kyrgyz Republic and also executes the administration of the “KG”domain zone.

2. Kyrgyzpatent’s activities are guided by the Constitution and Laws of the Kyrgyz Republic, Decrees and Orders of President of the Kyrgyz Republic; by 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. 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. 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.

7. Kyrgyzpatent is a legal successor of the State Patent Service of the Kyrgyz Republic.

II. Tasks of Kyrgyzpatent

8. The main tasks of Kyrgyzpatent are as follows:
- protection of intellectual property subject matters: inventions, industrial designs, trademarks, service marks, appellations of origin, firm names (hereinafter - industrial property); scientific achievements, scientific, literary and artistic works (hereinafter - the objects of copyright), performances, phonograms, broadcasts by broadcasting and cable transmission (hereinafter - the objects of related rights); new varieties of plants (plant varieties and animal breeds) topographies of integrated circuits;
- assistance to right holders and developers of high-tech products in the promotion of promising technologies and products, the commercialization of intellectual property;
- development of the national system of the patent and technical information;
- development and realization of measures aimed at organization and management of intellectual property system in the Kyrgyz Republic;
- providing effective functioning of the unified system of intellectual property in the Kyrgyz Republic;

- organization of informational and editorial activities in the field of intellectual property subject matters protection as well as patent technical information;

- preparation of specialists in the field of intellectual property;

- stimulation of legal conditions creation for development of scientific technical and artistic design creation activities, as well as literature and art creation in the Kyrgyz Republic;

- formation and preservation of the State Patent Fund of the Kyrgyz Republic;

- provision of effective functioning and development of “KG” domain zone .

III. Functions of Kyrgyzpatent
9.In accordance with its tasks Kyrgyzpatent executes the following functions:

- state examination of national and foreign applications to issue titles of protection; management of State Registers of Industrial Property, Copyright and Related Rights subject-matters; issuance of titles of protection on behalf of the Government, taking measures to maintain the validity thereof;
- 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;
- registration of licensing and author’s agreements for IP subject-matters protected in the territory of the Kyrgyz Republic;
- carrying out the state attestation of patent attorneys and maintenance the register of patent attorneys of the Kyrgyz Republic;

- systematic analysis in the field of creation, legal protection, use and commercialization of Intellectual Property, trends and dynamics of development, utilization of analysis outcomes for development of state measures for promotion of works in the field of IP;
- publication of official gazettes, magazines, informational materials on national and foreign IP subject-matters, as well as other literature on the issues related to its competence;

- 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, carrying out events in the field of international cooperation, studying and using of foreign experience in these fields;

- acquisition of descriptions by the State Patent Fund of national and foreign inventions, documents and literatures on other IP subject-matters;
- processing of national and foreign documents on IP subject-matters in order to create unified system of automated databases and use thereof;

- calculation of authors and related rights owners , users of works, Copyright and related rights subject-matters;

- arranging the preparation and advanced training of specialists in the field of IP, development of curricula, study programs, methodic tutorials;

- conclusion of licence agreements with users on provision of rights to use IP subject matters;

- collection, distribution and payment of remuneration to Copyright and related rights owners for use of their works in accordance with legislation of the Kyrgyz Republic;

- collection, distribution and payment of remuneration for use of works of national authors and related rights owners abroad, foreign authors and related rights owners in the Kyrgyz Republic in accordance with agreements on mutual representation of interests with foreign authors’ societies;
- collection and making assignments to the State Fund of Intellectual Property of the Kyrgyz Republic;
- control and interaction with organizations administering economic rights on the collective base (in the field of Copyright and Related Rights);
- organization of studies related to IP protection, development of study plans and ,materials;
- conduct of research and examination of goods containing IP subject matters, for violation of IP rights;

- arrangement and conduct of research and other type of work related to the problems of intellectual property activity development;
- assistance for international patenting and purchase of patents on behalf of the Government;
- providing services on contractual basis and work in the field of creation, legal protection, use of Intellectual Property;

- coordination of Kyrgyz State bodies management activities on IP subject-matters protection issues;

- coordination of economic rights administration on the collective base through establishment of deliberative body – the Board of Authors under the State Intellectual Service of the Kyrgyz Republic;

- coordination of economic rights administration on the collective base through establishment of deliberative body – the Board of Related Rights Owners under Kyrgyzpatent; Regulation on the Board of Related Rights Owners is approved by Kyrgyzpatent;
- coordination of inventor’s activities by formation of deliberative body – Board of Inventors under Kyrgyzpatent; Regulation on the Board of Inventors is approved by Kyrgyzpatent;
- coordination of activity of state agencies of the Kyrgyz Republic in the field of intellectual property;
- collection and distribution of funds or the State Intellectual Property Fund, which was formed from the funds paid for the use of IP subjects;

- rendering of legal and informational services on contractual basis regarding the issues of protection of IP subject-matters to specialists of IP services of legal entities as well as to natural persons and legal entities;

- assistance in acquiring a patent abroad on behalf of the government;

- assistance to inventors, Copyright and related rights owners in implementation of their warrants;

- data collection for the state patent fund on descriptions of national and foreign inventions, documents and literature on other objects of intellectual property;
- processing of documentation of national and foreign IP objects in order to created unified system of automated database and its use;
- coordination of activities for development and realization of state policy in the field of patent technical information;
- provision of interested state bodies, legal and natural persons with information and analytical materials in the field of patent technical information;

- implementation of research on state estimate and trend projection development, improvement problems and patent technical information system development, formation and rational use of national and state information resources;

- issue of information reports and information distribution on patent technical achievements in the Kyrgyz Republic;

- assistance in commercialization of IP subject matters, realization of innovation potential of scientific and technical patented developments by organization of exhibitions and promotion of innovation projects to international market of domestic technologies and their commercialization.
- establishment of conditions for the use of digital signature in electronic office work, electronic application submission;
- security and protection provision of the state information resources, information systems and networks, which are in competency of Kyrgyzpatent;
- execution of work on contract basis for a natural and juridical persons in the field of creation, legal protection and use of IP subject matters;
- coordination of the “KG” ccTLD administration activities.
10. Kyrgyzpatent also executes other functions, provided by the legislation.

IV. Kyrgyzpatent’s rights

11. The following rights are granted to Kyrgyzpatent:

- to submit proposals for President of the Kyrgyz Republic on issues related to formation, legal protection and functioning of intellectual property system;

- to move in established order proposals on treaty-making in intellectual property sphere, negotiate with relevant international organizations and sign mentioned treaties;
- to organize and carry out scientific research, exhibitions, contests and other works on intellectual property problems;
- to form information resources by making database on the basis of State Patent and Technical Library;
- 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;
- in case of rejection to pay royalty by the user of copyright and related rights to take measures according to the legislation;
- to obtain necessary information on inventive, patent and license work as well as statistical data on other intellectual property subject matters through patent services of ministries, State Committees, administrative bodies and other executive authorities and legal persons regardless of patterns of ownership according to legislation;

- to demand from copyright and related rights users obligatory presentation accounts and records for receiving and payment royalty and documents certifying legal payment to authors and others organizations. In case of non compliance with this requirements to take measures in accordance with the legislation;

- to issue in established order instructions and to supply explanations, which are binding effect to all ministries, State Committees, administrative bodies and other executive authorities, as well as legal persons regardless of patterns of ownership and intellectual property subject matters users for providing uniform application of legislation in the field of intellectual property on the territory of the Kyrgyz Republic;

- to invite domestic and foreign specialists for solving problems related to legal protection of intellectual property subject matters;

- 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 intellectual property protection, including in foreign currency; to prepare proposals concerning introduction of State prices and tariffs for indicated production, works and services;
- to establish under Kyrgyzpatent organizations and groups assigned for execution of works and services rendering in the field of intellectual property in established order;
- to employ on contract basis national and foreign specialists and/or juridical persons for the solution of IP issues within the budget of Kyrgyzpatent;

- to execute control of the off-budget means usage effectiveness by dependent departments and sub-organizations;

- to publish and realize informational, normative, scientific, methodical and educational materials and provide other printing services;

- 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 intellectual property subject matters;
- to organize exhibitions, conferences, seminars, “round tables” and other events on intellectual property protection, including international events;

- to conduct collective sport events;
- to subcontract for the registration and operation of domain names in «KG» domain zone;
- to execute other rights, described in the legislation.

V. Organization of Kyrgyzpatent’s operation

12. Kyrgyzpatent is lead by Director, who shall be assigned and dismissed by President of the Kyrgyz Republic.

13. The posts of State Secretary and Deputy Director are foreseen in Kyrgyzpatent.
State Secretary shall be assigned and dismissed by President of the Kyrgyz Republic on recommendation of Director of Kyrgyzpatent. The State Secretary and Deputy Director directly subordinate to Director and organizes Kyrgyzpatent activity in accordance with competencies and duties.

14. Director, the State Secretary and Deputy Director are civil servants.

15. Kyrgyzpatent Director’s duties are as follows:

- organization and management of Kyrgyzpatent and the Central Office system, as well as has personal responsibility for the fulfilment 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 territiry 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;

- submitting for the approval of President of the Kyrgyz Republic Draft Regulation on Kyrgyzpatent;

- submitting recommendation to President of the Kyrgyz Republic on the employment or dismissal of State Secretary and Deputy Director;
- distribution of duties between the State Secretary and Deputy Director and instructs them to execute part of his duties, establishes the duties of other Kyrgyzpatent officers to solve their operational, organizational, personnel, financial, industrial, economic and other matters within the competence of Kyrgyzpatent;
- employs and dismisses the heads of sub-organizations of Kyrgyzpatent;
- employs and dismisses the staff of Kyrgyzpatent in accordance with the legislation;
- approves the structure and staff number of the Central Office of Kyrgyzpatent within the established maximum number and Regulation on its structural sub-organizations;
- issues in accordance with 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;
- specifies in accordance with legislation the internal work schedule of Kyrgyzpatent and duties of Kyrgyzpatent’s staff;
- proposes in respective order the outstanding Kyrgyzpatent employees to be honored by state awards and honorary ranks;
- manages credits, including currency funds;
- makes decisions in established order on payment of pecuniary compensation to employees, using individual transport for service purposes;
- entitles the ranks of Kyrgyzpatent state employees by attestation results;
- 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 Law of the Kyrgyz Republic.

16. The Board consisting of 9 persons for consideration of the most important issues of function and development relations in the field of intellectual property shall be established in Kyrgyzpatent. Members of the Board include Director (Chairman of the Board), State Secretary and Deputy Director. Kyrgyzpatent Director organizes and manages the work of Kyrgyzpatent Board.
Members of the Board are: a representative of the Government Machinery of the Kyrgyz Republic, leading employees of Kyrgyzpatent and dependent organizations, which shall be approved by Prime Minister of the Kyrgyz Republic on proposal of Kyrgyzpatent Director.
Kyrgyzpatent Board duties are the following:
- consideration of main issues of Kyrgyzpatent activities, results of adopted decisions realization, resolutions, orders and other normative documents of Kyrgyzpatent;
- approval within its competence and submitting to consideration and adoption of regulations, methodical and other normative documents of Kyrgyzpatent to the Government of the Kyrgyz Republic.
Decision of the Board shall be made by majority of votes from total number of present members of the Board and shall be realized by Resolution of Kyrgyzpatent Board. In case of equality of votes a decision shall be made by the Chairman’s vote.
Members of the Board, not agreeing with this decision, can inform own opinion to the Government of the Kyrgyz Republic.
17. The Appellation Board is established under Kyrgyzpatent in order to improve Kyrgyzpatent activities aimed to providing of legal protection for industrial property subject matters and selection achievements; it is a compulsory primary body on dispute consideration, arising on mentioned objects.
18. Scientific and Technical Board (STB) is established for operative solution of current production issues and coordination of activities of internal departments, which staff shall be approved by Kyrgyzpatent Director. STB considers issues prepared by standing and provisional working groups.

VI. Final Provisions

19. Kyrgyzpatent property shall comprise fixed assets and working assets, which shall be reflected in its independent balance.
20. Kyrgyzpatent is a self-financing organization. Kyrgyzpatent is 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 Kyrgyz Republic.

21. Kyrgyzpatent at the expense of received funds shall establish the Incentive and social development fund and other funds.
22. Kyrgyzpatent shall in appropriate order manage cash budget, prepare and provide appropriate bodies with statistic, accounting and any other reports as case may be.
23. Reorganization and liquidation of Kyrgyzpatent shall be done in the order established by legislation of the Kyrgyz Republic.
24. In the event that Kyrgyzpatent cease its operation, all its documents shall be forwarded, kept and used in the order provided by the Law of the Kyrgyz Republic «On the National Archive Fund of the Kyrgyz Republic».

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