The legal protection extends to all software (including operational systems and software package) which may be expressed in any language and any form, including source code and object code.The legal protection extends to data base that represents result of creative work on sorting out and organization of data. The data base protects regardless whether it is data on which it based or which it includes by copyright. Registration of data base makes in respect of form of impression and organization of assembly included in it.
The software that manages a data base may be registered separately.
The legal protection does not extend to ideas and principles laying in the base of software or data base or any elements including ideas and principles of organization of interface and algorithm, as well as languages of programming.
The right to file an application has a right holder (hereinafter – applicant).
An application may be filed directly by applicant or through representative. Authorization of representative shall be confirmed by a letter of attorney executed in accordance with legislation of the Kyrgyz Republic.
What is the procedure of filing an application for official registration of software or database?
Application shall be filed directly to Kyrgyzpatent or sent by post.
Application has to contain:
– application for official registration of software or data base with indication a right holder, as well as author if he refused to be mentioned as such and their residence;
– deposited materials identifying software or data base including abstract;
– document confirming payment of registration fee in the established size or ground for exemption from payment of registration fee or its reduction;
Documents attached to the application:
– copy of document confirming transfer of nonproperty right if right holder is not author authorized in the appropriate manner;
– letter of attorney for representation executed in accordance with the legislation of the Kyrgyz Republic, if application is filed through a representative.
A letter of attorney shall be provided at filing an application or within two month from the date of receipt application of Kyrgyzpatent.
The terms of a letter of attorney for representative cannot exceed three years. If terms did not indicate in the letter of attorney, it is in force during one year from the date of its issuance. Documents shall be provided in Kyrgyz or Russian.
Documents shall be provided in one copy.