Rules
Rules to complete, file and review applications for registration of objects of Copyright and Related Rights
Approved by resolution
of the Government of the Kyrgyz Republic
of November 29, 2011 N 748
Rules
to complete, file and review applications for
registration of objects of Copyright and Related Rights
Section I. Preparation, submission and consideration of application for registration of copyright
1. General Provisions
2. Preparation and submission of application for registration of copyright
3. The content of the application documents
4. Consideration of the application by Kyrgyzpatent
Section II. Preparation, submission and consideration of application for registration of the object of related rights
5. Preparation and submission of application for registration of the object of related rights
6. The content of the application documents
7. Consideration of the application by Kyrgyzpatent
Appendix 1. The application for registration of copyright
Appendix 2. The application for registration of the object of related rights
Rules for compiling, filing and consideration of an application for registration of copyright and related rights object (hereinafter – the Rules) regulate the procedure for compiling, filing and review of an application for registration of copyright and related rights of the object developed in accordance with the Law of the Kyrgyz Republic “On Copyright and Related Rights “(hereinafter – the Law).
Section I
Preparation, submission and consideration of application
for registration of copyright
1. General Provisions
1. The definitions of the basic concepts of objects of copyright and related terms listed in the Act.
2. The author or owner of the property rights to the object of the copyright at his discretion may register his work in the authorized state bodies in the field of intellectual property (hereinafter – Kyrgyzpatent).
3. Kyrgyzpatent registers either disclosed or undisclosed product in accordance with Article 5 of the Law. The works must be expressed in any objective form allowing the possibility of perception:
– Written (manuscript, typewritten text, musical score, etc.);
– Oral (public recitation, public performance);
– Image (drawing, sketch, painting, plan, drawing, film, video or photo frame, etc.);
– Three-dimensional (sculpture, model, mock-up, structure, etc.);
– In other forms.
2. Preparation and submission of application for registration of copyright
4. Persons entitled to file (hereinafter – the applicant) application for registration of copyright object (hereinafter – the application):
– Author (s) and its (their) successor (s) residing (e) in the Kyrgyz Republic, regardless of its (their) citizenship;
– Author (s) and its (their) successor (s) – a citizen (e) of the Kyrgyz Republic, to create (e) and made public (f) the product outside the Kyrgyz Republic;
– Author (s) and its (their) successor (s) – the citizen (s) of another state in accordance with the entered into with the law by virtue of international treaties to which the Kyrgyz Republic;
– The employer, according to the order of which is created by the product, unless otherwise established by the agreement between him and the author.
The application filed by the applicant directly or through a representative. A foreign applicant to conduct business related to the registration of works, may appoint a representative. When submitting an application through a representative (a literary agent, a music agent, etc.). The application shall include a power of attorney confirming the authority of, executed in accordance with the legislation of the Kyrgyz Republic. The power of attorney shall be submitted together with the application.
5. The application shall be filed with Kyrgyzpatent directly or sent by mail.
6. The application must include:
– The application for registration of copyright;
– One copy of the deposited material, or a copy of it.
The documents attached to the application:
– A certified copy of the document certifying the property rights if the holder of the rights is not the author;
– A document confirming payment of the registration fee in the established amount or grounds for exemption from the registration fee, as well as its reduction;
– Power of attorney to the representative, duly executed, if the application is filed through a representative.
In addition, the applicant must sign a sheet reference to legal relations in the field of service-related works and works created under a contract of order.
7. The documents shall be presented at the national or official language. If the application documents (in addition to deposit materials) written in another language, then they must be accompanied by a duly certified translation into the state or official language.
8. The documents shall be presented in one copy.
3. The content of the application documents
9. The application for registration of copyright (hereinafter – the application) is submitted in the form set out in Annex 1 to this Regulation, and must contain all the necessary information concerning the registration of the copyright.
If any of the information can not be placed in the appropriate boxes statements, they are brought in the same form on additional sheet indicating the relevant column of the application: “See. The application on additional sheet.”
Counts statements above the word “statement”, designed to make details after admission to Kyrgyzpatent by the applicant and are not filled.
In the column “name” indicates a complete and accurate title, coinciding with the name specified in the attached to the application copy of the work.
Previous or alternative name indicates if there are additional names for the recorded works, which anyone seeking registration can see it, or at which can be written document relating to the product.
If the product of the compound (encyclopedias, anthologies, etc..), The author specifies the data throughout the composite work.
If the work is a derivative, ie, based on one or more pre-existing works (translations, adaptations, annotations, abstracts, summaries, reviews, stage adaptations, arrangements and other similar works of science, literature, art), specify the amount of the contribution of the author’s work, ie indicate what specific contributions made to the author of a work, for example: “All text”, “co-author of all the text,” “Heads of 10-22”, “New text”, “Translation”.
In the column “Author (s) ‘surname, name, patronymic (if any), the pseudonym of the author (s) in the nominative case, the surname given name, date of birth, nationality and domicile of the author (s), including the official name of the mills and e.
If there are several authors, these details are provided for each of them.
Foreign names are specified in the Kyrgyz or Russian transliteration.
If the author wishes to record his work under a pseudonym, it may indicate a pseudonym instead of the name, without specifying a name, or specify an alias and reveal the author’s name, specifying a valid name and a nickname. In this case, indicate the nationality and address for correspondence.
In the “Address for correspondence” indicate the address, the name or the name of one of the applicants who meet the usual requirements for prompt postal delivery and telephone, telex and fax numbers (if available).
In the “organization managing property rights on a collective basis,” when the practical implementation of property rights by the authors is difficult, given full legal name and address of the organization, which manages property rights.
In the column “The owner of the property rights,” states:
– If the owner of the property rights of a natural person: surname, first name, middle name (if any), address of residence with the indication of the country of nationality, even if the owner of the same as the author. If the holder (s) referred to here is different from the author (s) indicated (s) in column 2, indicated the document confirming the right to own property rights (inheritance, transfer of contract);
– If the owner of a legal person: full legal name and address of the legal entity, as well as a document confirming the right to own property rights.
In the column “Date and place of the first publication of” indicates complete date (day, month, year) and the promulgation of the country (country), where the first disclosure took place.
If this work was published as part of the collaboration, indicating the name of teamwork, co-authors, volume, date and country of publication, on which pages.
In the column “deposited materials” by placing the sign “X” shape notes accompanying copyright object (manuscript, book, drawing, picture, etc.).
Earl “The documents attached to the application” is filled by placing the sign “X” in the appropriate boxes.
The following graph indicates (are) Author (s) of the object of copyright, given its (their) guarantee that the creation of this work are not violated the copyrights of others, confirmed that the information provided in the application are true and correspond deposited materials. Guarantees to be countersigned by the indication of the date of signing.
The last column of the application, “applicant” is filled with the author, the assignee of, an employer or a representative designated pursuant to paragraph 4 of this Regulation, with the date of signing. Signature and date are required in all cases. Signature stands with the name and initials of the signatory.
When applying for the registration of two or more applicants request form signed by each of them, and correspondence is conducted with one authorized by the applicant to the address specified in the relevant column of the application.
On behalf of the legal entity shall be signed by CEO, indicating its position, signature and seal of the stands.
The applicant must have a document proving his identity.
10. Making deposited materials.
Kyrgyzpatent deposited materials or copies thereof, providing unambiguous identification of registered products.
1) For registration and deposit of works of registration materials submitted:
– For literary works: published copies (the original or a copy of the cover sheets published instance), or the manuscript (in whole or in first 25 and last 25 pages) or the digital version of the work;
– For dramatic, musical, dramatic, scenic works expressed in writing, musical signs depicted on paper or published copies of the manuscript (in whole or in first 25 and last 25 pages) or the digital version of the work;
– For the music (without words): musical notation (in whole or in first 25 and last 25 pages) or sound;
– For musical works (with text), or a copy of the published manuscript, musical score or a recording.
2) For the registration of choreographic works or pantomime and to deposit a copy of the materials presented for registration or a copy of the video recording choreography.
3) registration of works of fine art, decorative arts and scenario for the deposit of materials registration instead of the originals and copies of works submitted color photos 9×12 cm or slides. Photos or slides must be packed in separate envelopes.
4) For the registration of works of architecture, urban planning and landscape art and deposit registration materials submitted:
– Brief text annotation with a specific name of the object (project), its location (address), the architectural characteristics of the object creation (the project), – indicating the author, co-author, the author of the work (it is determined which one), the names of other authors or co-authors;
– Photos of the main project drawings, especially the master plan, floor plans, elevations, sections, and other drawings (own choice) models that characterize the object;
– A set of photographs describing the author’s decision to object (facades, interiors, details).
For objects created in construction, submitted copies of documents that indicate the authorship and must contain information about the authorship of the object (project) as a whole or parts of the subject named (of the project), to which the authorship (interior design, landscaping, furniture, design elements possession, and others.).
All materials, including the text part, served in the album A4 or A8.
5) For the registration of audiovisual works and deposit registration materials submitted their video copies.
6) To register, slide films and filmstrips and deposit registration materials, presented color photos or slides or film.
7) For the registration of geographical, geological and other maps, plans, sketches and plastic works relating to geography, topography and other sciences, and to deposit the registration materials, copies of these materials in color.
8) Documents and materials specified in this paragraph shall Complete in one package (folder).
9) The above list is not exhaustive, the applicant may submit to the deposit and other materials.
4. Consideration of the application by Kyrgyzpatent
11. Received applications Kyrgyzpatent materials assigned incoming number and fixed the date of their receipt.
Kyrgyzpatent takes to process an application only if it contains a complete set of documents listed in paragraph 6 of this Regulation.
The applicant or his representative shall be issued a certificate of acceptance of the application materials, indicating the incoming number, date of arrival and the list of accepted materials.
12. The application materials are discussed in Kyrgyzpatent within fifteen days. During this time, the applicant shall have the right to add, clarify, correct the application materials. During consideration of the application is checked:
– Correctness of application materials in accordance with the requirements set out in Section 3 of this Regulation;
– Whether the claimed subject matter to the objects of copyright.
According to the application filed in violation of the established requirements, Kyrgyzpatent shall request the applicant to supply, within fifteen days from the date of receipt of the request to eliminate the deficiencies. Term of the application shall be extended accordingly for fifteen days.
The reason for the request are as follows:
– Mismatch amount of the registration fee paid to the sizes;
– Improper execution of the documents attached;
– The need to clarify the information required in the columns of the application;
– Violation of the requirements for registration of the deposit materials.
If the applicant within fifteen days will not eliminate these drawbacks, the application shall be deemed withdrawn.
13. If as a result of the application found that the object presented for registration refers to objects that are subject to copyright, the decision on registration of the object of copyright.
Registration of the object of copyright made in State register of objects of Copyright of the Kyrgyz Republic.
Information add to the State register of the object of authors right of the Kyrgyz Republic, establish Kyrgyzpatent.
Within 10 days from register for applicant given certificate on registration of the object of copyright. The certificate ratify by authorized body of the Kyrgyzpatent and signature identify by stamp.
If there are several authors at their request a certificate may be issued to each, subject to payment of the fee for issuance of the certificate is requested by each certificate.
14. If as a result of the application found that the object submitted for registration does not apply to objects that are subject to copyright, the decision to refuse registration of the object of copyright.
The deposited materials are returned to the applicant, subject to submission of relevant application by the applicant.
When you return the deposited materials are copied Kyrgyzpatent. The applicant returned to the original deposit the materials, and a copy remains in Kyrgyzpatent.
15. At the request of the applicant (the author, the holder of the rights) information on registered objects of copyright may be published in the Official Bulletin of Kyrgyzpatent.
The published information includes:
– Bibliographic data;
– Annotation.
Abstract preparing the applicant (the author, the owner of the rights), and its content is coordinated with Kyrgyzpatent. The volume of text annotations not exceed 3,000 printed characters.
For the publication fee will be charged the cost of the funds spent for the publication.
16. Kyrgyzpatent ensure proper storage of the deposited materials.
Section II
Filing, review of the application for registration of the object of the related rights.
17. Persons entitled to apply for registration of the object of related rights (hereinafter – the application):
– Performer who is a citizen of the Kyrgyz Republic;
– Producers of phonograms is a citizen of the Kyrgyz Republic or a legal person with headquarters located on the territory of the Kyrgyz Republic;
– The organization of air or cable broadcasting, which has its headquarters on the territory of the Kyrgyz Republic;
– Foreign performers, phonogram producers, broadcasters and cable broadcasting in accordance with international agreements of the Kyrgyz Republic.
The application filed by the applicant directly or through a representative. A foreign applicant to conduct business related to the registration of the object of related rights, may appoint a representative. When submitting an application through a representative (a literary agent, a music agent, etc.). The application shall include a power of attorney confirming the authority of, executed in accordance with the legislation of the Kyrgyz Republic. The power of attorney shall be submitted together with the application.
18. The application shall be filed with Kyrgyzpatent directly or sent by mail.
19. The application must include:
– An application for registration of the object of related rights;
– One copy of the deposited material or copies thereof.
The documents attached to the application:
– A duly certified copy of the document certifying property rights;
– A document confirming payment of the registration fee in the established amount or grounds for exemption from the registration fee, as well as its reduction;
– A duly executed power of attorney to the representative, if the application is filed through a representative;
– A document confirming the settlement of copyright issues when creating an object of related rights.
20. Documents shall be presented at the national or official language. If the application documents (in addition to deposit materials) written in another language, then they attached properly certified translation into the state or official language.
21. Documents shall be presented in one copy.
6. The content of the application documents
22. Application for registration of the object of related rights represented by the form given in Annex 2 to this Regulation, and must contain all the necessary information concerning the registration of the related rights.
If any of the information can not be placed in the appropriate boxes statements, they are brought in the same form on additional sheet indicating the relevant column of the application: “See. The application on additional sheet.”
Counts statements above the word “statement”, designed to make details after receipt of Kyrgyzpatent and the applicant are not filled.
In the “Name of the object of related rights” indicates a complete and accurate name of the object of related rights.
Earl “The subject (s) related rights” is filled with performers, producers of phonograms, broadcasting organization or cable broadcasting.
In the column on the national or official language provides information about the subjects of related rights: the surname, name, patronymic (if any) of a natural person, the surname and given name, or the official name of the legal person (as per founding documents), as well as information about their place of residence, respectively , whereabouts, including nationality of a natural person and the official name of the country of origin of the legal entity, e.
In the “name of the object and the author of” shall include:
– Full and exact name of the object of copyright used to create the object of neighboring rights;
– Surname, first name, middle name (if any), the pseudonym of the author (s) in the nominative case, the surname given name, date of birth, nationality and domicile of the author (s), including the official name of the country and address. If the author has registered his or her work under a pseudonym, then indicate the nationality and address for correspondence.
If there are several authors, these details are provided for each of them.
Foreign names are specified in the Kyrgyz or Russian transliteration.
In the “Address for correspondence” indicate the address, the name or the name of one of the applicants who meet the usual requirements for prompt postal delivery and telephone, telex and fax numbers (if available).
In the “organization managing property rights on a collective basis” in the case where the practical implementation of economic rights of subjects of related rights is difficult, given full legal name and address of the organization, which manages property rights.
In the column “The owner of the property rights” shall contain:
– If the owner of the property rights of a natural person: surname, first name, middle name (if any), address of residence with the indication of the country of nationality, even if the owner of the same as the author or subject of related rights. If the holder (s) referred to here is different from the author (s) indicated (s) in column 3 or entity specified in column 2, indicate the type of the document confirming the right to own property rights;
– If the owner of a legal person, indicate the full legal name and address of the legal entity, and indicate the type of the document confirming the right to own property rights.
In the column “Date and place of the first publication of” indicates complete date (day, month, year) and the country (ies) of the first publication.
In the column “deposited materials” by placing the sign “X” marked form attached object of related rights (audio or video).
Earl “The documents attached to the application” is filled by placing the sign “X” in the appropriate boxes.
The following graph surname, first name of the subject (s) related rights, is its (their) guarantee that when you create an object detected neighboring rights have been violated copyright and related rights of others, it was confirmed that the information provided in the application are true and match deposited materials. Guarantees to be countersigned by the indication of the date of signing.
The last column of the application, “applicant” is filled with the subject of related rights or a representative designated in accordance with paragraph 20 of this Regulation, with the date of signing. Signature and date are required in all cases. Text to be deciphered the name and initials of the signatory.
When applying for the registration of two or more applicants request form signed by each of them, and correspondence is conducted with one authorized by the applicant to the address specified in the relevant column of the application.
On behalf of the legal entity shall be signed by CEO, indicating its position, the signature is sealed.
The applicant must have a document proving his identity.
23. Making deposited materials:
Kyrgyzpatent deposited materials or copies thereof, providing unambiguous identification of detected objects of related rights:
– For performances and phonograms: audio or video;
– For broadcasts by broadcasting and cable: audio or video transmission.
The deposited materials are in one set.
7. Consideration of the application by Kyrgyzpatent
24. Received applications Kyrgyzpatent materials assigned incoming number and fixed the date of their receipt.
Kyrgyzpatent takes to process an application only if it contains a complete set of documents listed in paragraph 6 of this Regulation.
The applicant or his representative shall be issued a certificate of acceptance of the application materials, indicating the incoming number, the date of receipt of the application and the list of accepted materials.
25. The application materials are discussed in Kyrgyzpatent within fifteen days. During this period, the applicant has the right to add, clarify and correct the application materials.
26. During consideration of the application is checked:
– Correctness of application materials in accordance with the requirements of paragraph 6 of this Regulation;
– Whether the claimed subject matter to the objects of related rights.
If during the audit found that the application was filed in violation of the requirements for registration of documents, the applicant shall be invited, within fifteen days from the date of receipt to eliminate the deficiencies. Term of the application shall be extended accordingly for fifteen days.
The reason for the request are as follows:
– Mismatch amount paid the fee required size;
– Improper execution of the documents attached;
– The need to clarify the information indicated in the graphs statements.
If the applicant shall not eliminate these deficiencies the application is considered withdrawn and the applicant is notified.
27. If as a result of the application found that the object presented for registration refers to objects that are related rights, the decision on registration of the object of related rights.
Register object of related rights shall be subject to payment of the appropriate fee.
Information entered into the State Register of objects of related rights of the Kyrgyz Republic establishes Kyrgyzpatent.
Within ten days from the date of registration, upon payment of the appropriate fee, the applicant is issued a certificate of registration of the object of related rights.
The certificate signed by the head of Kyrgyzpatent, the signature shall be certified by the seal of Kyrgyzpatent.
If there are several applicants, at their request, the certificate may be issued to each of them, subject to the payment of the fee for issuance of the certificate is requested by each certificate.
28. If as a result of the application found that the object submitted for registration does not apply to objects of related rights, the decision to refuse registration of the object of related rights.
The deposited materials are returned to the applicant, subject to submission of relevant application by the applicant.
When you return the deposited materials are copied Kyrgyzpatent. The applicant returned to the original deposit the materials, and a copy remains in Kyrgyzpatent.
29. Kyrgyzpatent ensure proper storage of the deposited materials.
Annex 1
The authorized state body in the field of intellectual property
(Kyrgyzpatent)
Date of filing of the application Income N Date of registration
└──────────────────────┴───────────────────────┴──────────────────────┘
Application
For registration of objects of copyright
Presenting the documents listed below, ask to register the product
1. Name of the work: ________________________________________ _______________________________________________________________________
Previous or alternative name: __________________________ _______________________________________________________________________
composite works: __________________________________________ _______________________________________________________________________
Derivative work (in the amount of the contribution of the author’s work): ___ _______________________________________________________________________
2. Author(s) (pseudonym, date of birth, authors nationality and location) ________________________________________________ _______________________________________________________________________
3. Address for corespondence: __________________________________________ _______________________________________________________________________
4. The organization managing property rights on a collective basis ________________________________________________________________
(name, address of the organization to which belong author)
_______________________________________________________________________ _______________________________________________________________________
5. The owner of the property rights (give full details) ________ _______________________________________________________________________
6. Date and place of the first publication ____________________________ _______________________________________________________________________
7. Deposit materials attached to application ( mark (x)):
– manuscript, book, photocopy, slides, drawings, paintings;
– Sound or visual recording.
8. Documents attached to the application (note (s)):
– A document confirming payment of the registration fee;
– The document on exemption from the registration fee or reduce its size;
– Copy of the document on the transfer of property rights;
– Power of attorney for the representative;
– Translation into the state or official language.
9. I, (name of author ) ______________________________________________, this ensures that the creation of the work were not violated the copyrights of others. Said in a statement details are correct and correspond deposited materials.
Signature ______________________
“___” _______________ 201__ .
10. Application (the author, a successor employer representative)
__________________________________________________________________
“___” _______________ 201__ .
Annex 2
Authorized state body in the field of intellectual property (Kyrgyzpatent)
Date of filing of the application Income N Date of registration
└──────────────────────┴───────────────────────┴──────────────────────┘
Application
For registration of the object of related rightsна
Presenting the documents listed below, ask to register the product
1. Name of the object of related rights _________________________________
2. Subjects of related rights (nationality and location of the private body, name of country originality and location of the private body) ______________________________________________
3. Name and author of the object______________________________________ _______________________________________________________________________
Author(s) (pseudonym, date of the birth, nationality of the author and location) __________________________________________________
4. Address for the consideration ___________________________________________
5. The organization managing property rights on a collective basis (name, address of the organization that owns the subject of neighboring rights)_____________________________________________________________
6. The owner of the property rights (give full information) ________ _______________________________________________________________________
7. Date and place of first publication ____________________________ _______________________________________________________________________ _______________________________________________________________________
8. Deposit materials attached to the application (mark (х)):
– sound recordings;
– Video recording.
9. The documents attached to the application (note (s)):
– A document confirming payment of the registration fee;
– The document on exemption from the registration fee;
– A document confirming the right to own property rights;
– Translation into the state or official language;
– Power of attorney for the representative.
10. I, (Name of entity related rights) ______________________________, hereby I guarantee that when you create an object detected were not violated copyright and related rights of others. It said in a statement the information is correct.
Signature ______________________
“___” _______________ 201__.
11. The applicant (subject of related rights, the representative) ______________
__________________________________________________________________
“___” _______________ 201__ .
Rules on the Drafting and Examination of Applications for the Registration and Granting the Right to Use Traditional Knowledge and of Applications for the Granting the Right to Use Already Registered Traditional Knowledge, Rules on Maintenance of State Traditional Knowledge Registry of the Kyrgyz Republic
Rules on the Drafting and Examination of Applications for the Registration and Granting the Right to Use Traditional Knowledge and of Applications for the Granting the Right to Use Already Registered Traditional Knowledge, Rules on Maintenance of State Traditional Knowledge Registry of the Kyrgyz Republic.
Appendix
Approved by the Government
of the KR of February 29 2012 N 154
1. Consideration and filing application for registration application, the right to use the traditional knowledge or an application for the right to use registered Traditional Knowledge
2. The content of the application documents
3. Conducting business on the application
4. Consideration of the application by Kyrgyzpatent
5. A decision on the registration of traditional knowledge and the right to use them. The decision to grant the right to use registered Traditional Knowledge
6. The decision to refuse the registration of traditional knowledge and the right to use them. The decision not to grant the right to use registered Traditional Knowledge
7. Registration of traditional knowledge and information about the right to use and publish their information
Appendix 1. The application for registration and the right to use in the Kyrgyz Republic Traditional Knowledge
Appendix 2. The application for the right to use in the Kyrgyz Republic Traditional Knowledge
These rules govern the application procedure, the persons entitled to protection as well as to establish the requirements to apply for and annexed documents defining the concept of traditional knowledge, isolated objects registered as traditional knowledge.
1. Preparation and submission of the registration application,
the right to use traditional
knowledge or the application for the grant of
use registered
Traditional Knowledge
1. In the filing and registration of traditional knowledge and / or the right to use the traditional knowledge holders have the right of traditional knowledge, provided by the Law of the Kyrgyz Republic “On the protection of traditional knowledge.”
2. The objects registered as traditional knowledge:
knowledge – possession of any data, knowledge of any practical skills, abilities, proven practices, the result of comprehension of reality, the system of information about the laws of nature, society, thinking;
Methods – practical ways to achieve any goal, ways to act, to act in some way, techniques and approaches used to solve a particular problem;
methods – the processes of implementation of actions, conduct, practices, methods of implementation, achieve anything, a means of implementing the conditions for the implementation of something.
Traditionally considered the types of knowledge that are passed from generation to generation, inherent particular people or territory of residence and continuously developed in line with changes in the environment.
3. The objects are not recorded traditional knowledge that is actually or potentially harm human life and health, and the environment.
4. The application for registration and the right to use traditional knowledge, the application for the right to use registered Traditional Knowledge (hereinafter – Application) submitted directly to the authorized state body in the field of intellectual property (hereinafter – Kyrgyzpatent) or sent by e-mail.
5. The application shall be filed with Kyrgyzpatent by the applicant (s) determined by themselves or through their (s) representative.
6. Foreign natural and legal persons shall have the right to carry out activities related to the registration of traditional knowledge and / or the right to use traditional knowledge, or the right to use registered Traditional Knowledge, through their legal representatives, unless otherwise established by a statutory order binding international treaties to which the Kyrgyz Republic.
7. It shall be supplied by a representative attached properly executed power of attorney issued by the applicant.
The power of attorney to represent the interests of a foreign legal entity or individual may be issued both by the person or his representative, having the appropriate power of attorney issued by the applicant. In the latter case are presented both duly executed power of attorney.
Any action of the representative, to which it is authorized in a power of attorney is regarded as an act of the applicant.
8. The application and documents attached to the application are available at the national or official language.
If the documents are filed in another language, the application shall be accompanied by a translation into the national or official language. The responsibility for the accuracy of the translation borne by the applicant.
2. Content of the documents of the application
10. Requests shall be submitted on the form set out in Appendices 1 and 2 to this Regulation.
11. Graphs, above the word “application”, the applicant shall not be filled. If any of the information can not be placed entirely in the appropriate boxes, they lead in the same form on a separate sheet indicating the application in the appropriate box: “See. The application on additional sheet.”
12. The application shall include:
1) full legal name of the entity (in accordance with constituent documents) or surname, name, patronymic (if any) of an individual, in the order shown in the statement.
For the legal entity of the Kyrgyz Republic requested the registration of traditional knowledge and / or requesting the right to use traditional knowledge, indicate the code of Enterprise.
For foreigner legal and private bodies asking registration of traditional knowledge’s and/or asking for giving rights of use traditional knowledge’s notice code of the country;
2) the name of the traditional knowledge;
3) Full post address of the applicant (legal address of the legal body or address of the location of the legal body and private body including official name of the country (if able);
4) Address for correspondence name of the address (note post index) and number of tel., fax, and e-mail (if able)
As an address for correspondence may be indicated for the location address in the Kyrgyz Republic the legal entity or residence address of a natural person permanently residing in the Kyrgyz Republic or the location address the applicant’s representative, with an appropriate power of attorney, or another address in the Kyrgyz Republic;
5) when the applicant was appointed representative – his surname, first name, middle name (if any), the address of his place of residence / location in the Kyrgyz Republic, telephone, telex and fax numbers, e-mail address (if available);
6) list of attached documents;
7) signature.
13. Name of the traditional Knowledge must comply with the spirit and purpose to characterize the object. The name set out in the singular, except names are not used in the singular.
14. Description of Traditional Knowledge should be specific and disclose the claimed subject matter in sufficient detail to implement it.
Description of the traditional knowledge should include:
1) an indication of the place of origin of the traditional knowledge.
Place of origin of traditional knowledge can be described by reference to the geographical boundaries of the object. The boundaries of the geographical object can be described by coordinates, the natural boundaries of the area – the rivers, mountains, lakes; administrative boundaries; durable structures, communication and the like;
2) Description of genetic resources in the case of using it in conjunction with traditional knowledge.
The objects registered as traditional knowledge, may further include the use of genetic resources – all the flora and fauna of the earth, water and other origin, which can be used by the holders of traditional knowledge to produce some practical results in any sphere of activity.
The inclusion of genetic resources traditional knowledge carried out when they are interconnected, accompany each other and have common characteristics – are the common heritage of the peoples, are public property, the property of the country and its regions;
3) the scope of traditional knowledge, and achieved positive results.
This section provides the features that characterize the object necessary for its implementation, ensuring the achievement of positive results.
The description must follow mandatory, the objective nature of the dependence of traditional knowledge on the characteristic of the geographical area of natural conditions and / or human factors.
The description should be informational, in particular, indicate the presence in a given geographical area of raw materials, the corresponding climatic, geological or other environmental conditions, people with traditional knowledge.
If there are multiple applications of traditional knowledge indicates advantageous. This indicates the specific purpose of traditional knowledge and a positive result indicates the area of application;
4) sources of fame a particular traditional knowledge, for example, information on previously published articles. In the absence of such data are reliable data on all sources of fame.
15. The list of attached documents is filled by placing the sign “X” in the appropriate boxes, and set the number of copies and sheets in each copy of the accompanying documents. For the attached documents, the form of which is not provided for the application form (“other document”), indicated their specific name.
16. The official document accompanying the application shall be submitted by the body which, by their competence, specialization gives a qualified opinion on the practical applicability of the traditional knowledge and confirms a positive result of its application in a particular area. A list of these state bodies and institutions approved by the Decree of the Government of the Kyrgyz Republic of July 9, 2009 N 371-p.
17. Attached (s) to the application in accordance with Article 9 of the Law “On the Protection of Traditional Knowledge” conclusion (s) competent authority (ies) organ (s) must (s) contain a confirmation that the applicant is a member of the local community and / or within the specified geographical area to which the traditional knowledge.
The conclusion seems from the local government, which, by their competence, specialization can confirm that the applicant is in the geographical boundaries of the object and is a member of a local community.
18. As the document confirming the right of a foreign applicant’s claimed traditional knowledge in the country of origin of traditional knowledge, provided the original certificate or other document confirming the right to use traditional knowledge issued by the competent authority of the country of origin of the traditional knowledge or its duly certified copy.
19. Filling in the last column of the application “Signature” with the date of the signing of the obligatory in all cases. The application shall be signed by the applicant. On behalf of the legal entity the application signed by the head of the organization and of its position, the signature is sealed.
When submitting an application signed by a representative representative.
If you have got extra sheets they subscribe in the above order.
3. Conducting business on the application
20. In order to do business on the application and represent their interests when considering the application, the applicant may appoint a representative with the issue of his duly executed power of attorney.
Power of attorney for representation can be represented as in an application, and during the proceedings.
The power of attorney shall be attached to the application.
Any action of the representative within the powers given to it has the same effect as the applicant’s actions.
Representation is valid until the expiration of a power of attorney. Early termination of powers specified in the authorization may be made by filing with Kyrgyzpatent by the applicant corresponding application (cancellation of power of attorney).
21. Correspondence is conducted on each application separately by the applicant or his representative, authorized to do so.
Materials sent after filing shall contain the application number and signature of the applicant or his representative.
The materials do not contain the application number, and, if the application number can not be set, returned without consideration.
The materials requested in the course of consideration of the application shall be submitted to Kyrgyzpatent within two months from the date of its receipt by the applicant.
If the conversation at the request of the representative of the applicant shall, deadlines for submission of materials to Kyrgyzpatent shall run from the date of receipt of this correspondence.
Consideration of the application with Kyrgyzpatent conducted in the state or official language. The materials submitted by the applicant in another language must be accompanied by a translation into the national or official language.
22. The applicant (the applicant’s representative) can get acquainted with the submitted their applications and documents related thereto, directly in Kyrgyzpatent, previously agreed upon date and time reference, and by requesting a copy of the application and its related documents.
23. If you need further clarification on the issue of the possibility of the applicant’s registration and granting the right to use Traditional Knowledge, Kyrgyzpatent may exercise its consideration of matters relating to the application, with the participation of the applicant (the applicant’s representative).
Such review shall take place at the suggestion of Kyrgyzpatent or at the request of the applicant after both parties are acquainted with these issues.
Date and time of the application previously agreed. In the event of a change of circumstances, the party has no opportunity to participate in the consideration of the application in due time, inform the other party.
4. Reviewing of the application in the Kyrgyzpatent
24. Received Kyrgyzpatent application materials are received by assigning the incoming number and fixing the date of their receipt.
The applicant or his representative shall be issued a receipt of acceptance of the application materials, indicating the number of sheets of received documents and the date of receipt.
Consideration of the application shall be held within three months from the date of filing with Kyrgyzpatent.
25. During consideration of the application is carried out to check if the application materials and compliance requirements for the content and design of the application and annexed documents provided by these rules:
1) application for registration and granting the right to use Traditional Knowledge or granting the right to use the registered traditional knowledge, indicating the applicant, as well as his whereabouts and residence;
2) description of Traditional Knowledge;
3) a document confirming payment of the fee for filing and consideration of the application;
4) The power of attorney issued to the representative of the applicant;
5) an official document issued by the competent authority, confirming the practical applicability of traditional knowledge, a positive outcome of their application in a particular area of activity;
6) Finally, the competent authority that the applicant is a member of the local community and / or in a geographical area to which the traditional knowledge;
7) a document confirming the right of a foreign applicant claimed his traditional knowledge;
8) translation of the documents attached to the application submitted in a national or official language;
9) matching the description of traditional knowledge is sought for the right to use the data contained in the State Register of traditional knowledge of the Kyrgyz Republic (State Register), if the claimed traditional knowledge has already been registered as a traditional knowledge.
Filing Date shall be the date of receipt of the documents specified in subparagraphs 1-3, 5 and 6 of this paragraph. If these documents are not presented simultaneously – the date of receipt of the last of them.
26. If in the process of consideration of the application found that the application is completed with violations of the requirements to the documents set out in these Rules, the applicant shall request with violations and inviting them to submit the corrected or missing information and / or documents within two months from the date of its receipt by the applicant.
The reason for the request are as follows:
– Lack in the application of information under these Rules and / or documents;
– The need to clarify the description of traditional knowledge, for which registration is sought and the right to use, or the right to use the registered traditional knowledge;
– The need to clarify information contained in the conclusions of the competent authorities;
– No document on payment of fee;
– Mismatch amount paid duty size, the statutes of the fee for registration and granting the right to use traditional knowledge, approved by the Government of the Kyrgyz Republic dated September 15, 2008 N 517.
5. The decision on registration of traditional knowledge
and the right to use them.
The decision to grant the right to use
Traditional Knowledge
27. In establishing compliance with the application materials requirements of Article 9 of the Law “On the Protection of Traditional Knowledge”, the decision:
– On the registration of traditional knowledge and the right to use them in the absence of registration of traditional knowledge in the State Register;
– Granting the right to use the registered traditional knowledge, in case of registration of traditional knowledge in the State Register.
28. In the decision on the registration of traditional knowledge and the right to use them in the decision granting the right to use the registered traditional knowledge include the following information:
– The name of the registered traditional knowledge provided in respect of which the right of use or registered traditional knowledge provided in respect of which the right of use;
– Information on the person (s) who (th) and is (are) the right to use traditional knowledge;
– The filing date is the date of commencement of the evidence for the use of traditional knowledge.
6. The decision to refuse the registration of traditional knowledge and the right to use them.
The decision not to grant the right to use registered Traditional Knowledge
29. In establishing the inconsistency of the application materials, including the requested information or documents, the requirements of Article 9 of the Law “On the Protection of Traditional Knowledge”, the decision to refuse:
– The registration of traditional knowledge and the right to use them in the absence of registration of traditional knowledge in the State Register;
– To grant the right to use the registered traditional knowledge in the case of registration of traditional knowledge in the State Register.
7. Registration of Traditional Knowledge and Information granting the right to use it and publication of information
30. On the basis of Kyrgyzpatent decision on the registration of traditional knowledge and / or the right to use them, subject to payment of the prescribed fee, Kyrgyzpatent in accordance with Article 11 of the Law of the Kyrgyz Republic “On the protection of traditional knowledge” makes the registration of traditional knowledge and / or information about the right to use traditional knowledge in the State Register.
31. The applicant, in whose name the registered traditional knowledge and / or given the right to use traditional knowledge, in the prescribed manner shall be issued a certificate for the use of traditional knowledge.
32. At the request of the holders of traditional knowledge, information relating to the registration and granting the right to use Traditional Knowledge, published by Kyrgyzpatent in the Official Bulletin “Intellectual Property”.
Rules to Complete, File and Review Applications for Registration of integrated Circuits
Approved by the Government
of the Kyrgyz Republic
of November 29, 2011 N748
Rules
to complete, file and review
applications for registration of integrated circuits
1. Filing an application
2. The content and design of the application documents
3. Review of the application
Annex 1. Application for official registration of integrated circuits.
Annex 2. Addition to the column 9 of form
This Rules an order of complete, file and review applications for registration of integrated circuits in accordance with Law of the Kyrgyz Republic “On legal protection of integrated circuits”.
1. Filinganapplication
1. The author of integrated circuits or other right holder can registered integrated circuits in authorized state body in the field of IP (Further – Kyrgyzpatent) by way of filing application.
2. Application shall concern to one integrated circuits.
3. Application for registration of integrated circuits shall include materials, belonging both to integrated circuits of the most basic matrix crystal, and to integrated circuits of the custom-made integrated chips realized on its basis.
4. The persons having the right for application.
The right for application and registration of integrated the author or any owner have (further the applicant).
The application is submitted directly by the applicant or through the representative. Powers of the representative are confirmed by the power of attorney issued according to the legislation of the Kyrgyz Republic.
5. Application procedure.
The application is submitted in time, not exceeding two years from the date of the first use of integrade circuits if it took place.
The application is submitted to Kyrgyzpatent directly or goes by mail.
6. The demand has to contain:
– the application for official registration of integrated circuits with instructions of the owner, and also author if he didn’t refuse to be specified as that, their location (residence), date of the first use of integrated circuits if it took place;-
– scheme a spatial geometric arrangement of elements of integrated circuits;
– A document confirming payment of the registration fee in the established amount or grounds for exemption from the registration fee, as well as reducing its size.
The documents attached to the application:
– A certified copy of the document confirming the date of first use of topology for commercial purposes, if the topology used for commercial purposes after the date of its filing with Kyrgyzpatent;
– A duly certified copy of the document confirming the transfer of property rights, if the owner is not the author;
– A duly executed power of attorney for representation, if the application is filed through a representative.
7. The documents shall be presented at the national or official language. If the application documents are presented in another language, then they attached properly certified translation into the state or official language of the deposited materials.
8. The documents shall be presented in one copy.
2. Content and execution of the documents
9. Request for execution of the documents for application.
Application documents drawn up in such a way that they can be directly reproduced photographically, electrostatic, offset and microfilming.
Documents applications run on sheets of strong, white, smooth, non-transparent, non-glossy A4 paper (210×297 mm) and start on a separate sheet if their established form does not provide otherwise. Margins of the sheets of the application documents must be not less than (mm):
– Left – 20;
– Top – 17;
– Right and bottom – 7.
Each application documents the second and subsequent sheets enumerated by Arabic numerals and letters are printed in black.
10. The application for official registration of integrated circuits given by form (Annex 1 to this Rules).
Foreign names companies listed in Kyrgyz or Russian transliteration.
Counts statements above the word “statement”, designed to make details after receipt of the application to Kyrgyzpatent by the applicant and are not filled.
In the “Applicant (s)” shall indicate the full name or the name of the applicant, his place of residence or location. Data on the place of residence of the author – the applicant specified in the “Author”.
Earl “The grounds of the rights to this work” is filled in where the applicant is not the author. It by placing the sign “X” in the appropriate box indicates the legal owner.
In the column “Name of an integrated circuit with this topology” the abbreviated and full name of the topology.
Earl “alternative name” is filled in if there is an additional name for the registered topology which can be previously written document related to the topology.
In the “To find the nearest analogue of this topology” is analogue, if any. The analogue may be specified topology is not used and the previously used for commercial purposes. In the latter case, in the column “Date and place of first use of topology for commercial purposes” indicates complete date (day, month, year) and the country is the first use of this topology for commercial purposes.
In the “data holder to the date of the first use of this topology for commercial purposes,” provides information about its legal owner on the date of first use.
In the “information protected topologies” provides information about the topologies used in creating the topology shown in the registration. The concept of protected topology includes both registered and unregistered topology used for commercial purposes, no more than two years. This may be the closest analogues of the claimed topology, as well as members of the claimed topology different topology, consisting of the elements of well-known developers and manufacturers of TIMS at the date of its creation, the totality of which is original. Data on topologies gate array topologies and custom integrated circuits based on it.
In the column “Author” surname, first name (if available) of the author in the nominative case, in that order, date of birth, citizenship and address of the author, including the official name of the country and telephone.
In the same column is a brief description of the author’s creative contribution to the creation of the work.
If there are several authors, you will need to fill the form CT / MORE (Appendix 2), indicating the scope of the specific contribution of each author to the creation of this topology.
Graphs “Application Documents” and “The documents attached to the application” are filled by placing the sign “X” in the appropriate boxes.
In the column “deposited materials,” says the kind of material that identifies a given topology.
In the column “Information about the destination” shall provide information on the destination, which should send correspondence to this application, ie, the address of the name or the name of one of the applicants that meet the customary requirements for prompt postal delivery and telephone, telex and fax numbers (if available).
In the last column of the application confirms that the information provided in the application is true and consistent deposited identifying material. Earl signed. Signature stands with the name and initials of the signatory.
When applying for the registration of two or more applicants request form signed by each of them, and correspondence is conducted with a representative authorized by the applicants to the address specified in the relevant column of the application.
On behalf of the legal entity shall be signed by CEO, indicating its position, signature and seal of the stands.
11. Requirements for the deposit materials.
Materials submitted to Kyrgyzpatent for deposition should ensure unambiguous identification of the registered topology.
In order to identify the topology is not used for commercial purposes, prior to the date of application for registration deposited application materials must include: complete one of the following types of visually perceived materials, displaying each layer topology, in one instance:
– Photomasks;
– Collecting artwork;
– Layered artwork;
– Photos of each layer topology recorded in TIMS;
– Essay containing information intended for publication in the Official Gazette:
TIMS name;
name of the applicant;
scope, purpose or function TIMS;
kind used for the manufacture of TIMS technology.
The average volume of the abstract text to 1500 characters.
In order to identify the topology used for commercial purposes, prior to the date of application for registration, the application materials should be deposited further comprise samples of TIMS, including this topology, in the form in which it was used for commercial purposes, and in the abstract – contain information about the date the first commercial use, and the main characteristics of the sample TIMS.
Graphic images of artwork executed on vellum or smooth white paper. Format sheets folded to be 210×297 mm. Minimum field leaf graphic images should be sized: the top and left side – 20 mm, right – 15 mm, bottom – 10 mm.
The images in the photographs must be contrasted.
All copies of drawings and photographs specified scale images.
The visually perceptible material on the scale of the image represented at least 20: 1.
Samples TIMS is included in the application should allow them the possibility of obtaining a visually perceived image of each layer of its topology.
If any layer topology contains confidential information (e.g., relating to “know-how”), a visually perceptible material corresponding part of the layer (or the entire layer) may be removed and incorporated into the deposited materials, identifying a topology in coded form.
3. Consideration of the application
12. Receiving in Kyrgyzpatent materials given income N and fixed date its receiving.
To the applicant or his representative the certificate of acceptance of materials of the application, with the indication of the entering number, dates of receipt and the list of the accepted documents is issued.
13. Consideration of the applicationis made within six months.
The arrived materials of the application are checked for existence of the document confirming payment of a registration fee for giving and consideration of the demand in the established size.
In the absence of such document, the applicant is notified on need of his representation before the expiration of two months from the date of receipt of the application on condition of payment of additional collecting.
Within two months after receipt of the application in Kyrgyzpatent the applicant has the right to supplement, specify and correct application materials.
14. During consideration of the application is established:
– compliance of the sum of the paid registration fee to the established sizes;
– existence of the necessary documents determined by point of 6 these rules;
– correctness of paperwork of the application according to requirements of points 9-11 of these rules;
– compliance to the declared integrated circuits to objects to which legal protection is provided.
According to the application submitted with violation of the established requirements, Kyrgyzpatent sends to the applicant inquiry with the offer within two months from the date of receipt of inquiry to eliminate the available defects.
15. If as a result of consideration of the demand it is established that it is issued on object to which legal protection is provided, the decision on official registration of topology on what the applicant is notified is passed.
Kyrgyzpatent, at positive result of check enters the corresponding record in the Register of intergrated circuits of integrated chips of the Kyrgyz Republic, Intellektualdyk a menchik” publishes in accordance with the established procedure data on the registered topology in the official bulletin of Kyrgyzpatent “, grants to the applicant the certificate on official registration.
16. If as a result of consideration of the application it is established that it is issued on object to which legal protection isn’t provided, and in case of non-compliance with the paragraph by the applicant of requirements two points of 5 these rules, i.e. in case of excess of established periods of application for registration by it from the date of the first use of topology for commercial purposes (two years), the decision on refusal in official registration of integrated circuits with reduction of the corresponding justification is passed.
In case of refusal the paid collecting and materials of the application to the applicant don’t come back to registration of the application.
Annex 1
Form
Authorized state body in the field of IP
(Kyrgyzpatent)
Address:
Date of receive ___ number _________ month _____ year
Income N _____
Official N of registration _____
Application
For official registration of integrated circuits
Submitting the documents provided below, I ask to make registration of topology_______________________________________________________________________
1. Application (s)
_______________________________________________________________________
(full name and location)
Information on location mentioned in column (9).
_______________________________________________________________________
2. The bases of emergence of the rights for this topology (if the applicant isn’t an author):
[] the applicant is the author’s employer;
[] transfer of rights by the author or his assignee to the other person;
[] transfer of rights by the employer to the other person;
[] right of succession._______________________________________________________________________
3. The name of an integrated chip with this topology (reduced and full):
_______________________________________________________________________
4. Alternative name
_______________________________________________________________________
5. Data on the closest analog of this integrated circuits
_______________________________________________________________________
6. Date and place of first use of integrated circuits at commerce purposes
____ number ________ month _____ year
country ____________________________
_______________________________________________________________________
7. Data on the holder on the date of the first use of this integrated circuits for commercial purposes (name, name, nationality, address, telephone number)
_______________________________________________________________________
8. Information on protection of the integrated circuits
_______________________________________________________________________
9. Author
__________________________________________________________________
Surname, name
Date of birth ___________ number ________________ month _______year
Nationality ______________________________________________________
__________________________________________________________________
Address of location, telephone
__________________________________________________________________
Summary of an author’s contribution to this work
_______________________________________________________________________
10. Deposit materials, identifying this integrated circuits:
[ ] complete set of one of the following types of visually perceived materials displaying each layer of this topology including the specification, in ________ copy:
[] photo masks ______ piece;
[] the combined topological drawing on ______ l.;
[] layer-by-layer topological drawings on ______ l.;
[] the photo of each layer of the topology recorded in an integrated chip ______ by piece;
[] the scheme of a spatial and geometrical arrangement of elements of topology of IMS, on ______ l.;
[] the samples of an integrated chip including this topology in the form in which it was used for commercial purposes, in _____ by copy;
[] the paper, in ______ piece._______________________________________________________________________
11. Documents attached to application:
[ ] document on payment of a registration fee;
[] document on release from payment of a registration fee or reduction of its size;
[] copy of the document on transfer of property rights;
[] the copy of the document confirming date and a place of the first use of topology for commercial purposes;
[] power of attorney of the representative of the owner;
[] translation into the state or official language
_______________________________________________________________________
12. Data on the addressee (who should send correspondence on this demand) the address, including the postal index:
– phone number, including the international code (the fax, the telefax, etc.);
– recipient.
I am, _______________________________________________________________
(Position)
______________________________________________________________________,
(Surname, name)
this is to confirm that the data specified in the statement are true and corresponding to the deposited identifying materials.
Signature _________________ “___” _________ 201__ .
RULES giving of objections, statements and their consideration in Appeal council at the State service of intellectual property and innovation under the Government of the Kyrgyz Republic
RULES giving of objections, statements and their consideration in Appeal council at the State service of intellectual property and innovation under the Government of the Kyrgyz Republic
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
I. General provisions
1. These rules define an order of giving of objections, statements and their consideration in Appeal council at the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (further – Rules).
(In edition of the resolution of the government of KR of May 20, 2014 No. 263)
2. Appeal council at the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (further – Appeal council) is obligatory primary body for consideration of disputes concerning protectability of objects of industrial property and selection achievements in the Kyrgyz Republic, and also realizes other powers referred to competence of Appeal council by these rules and other regulations of the Kyrgyz Republic.
The structure of Appeal council is formed and approved by the order of Public service of intellectual property and innovations at the Government of the Kyrgyz Republic (further – Kyrgyzpatent) from the most competent employees of Kyrgyzpatent and the organizations subordinated to it in number of 7 members.
(In edition of the resolution of the government of KR of May 20, 2014 No. 263)
II. Objections and applications submitted to Appeal council
3. To Appeal council according to Patent Law of the KR, Laws of the KR “On Trademarks, Service Marks and Appellations of Origin of Goods», “On legislative protection of Selection Achievements”, “On Firm Names”, В Апелляционный совет в соответствии с Патентным законом Кыргызской Республики, законами Кыргызской Республики “О товарных знаках, знаках обслуживания и наименованиях мест происхождения товаров”, “О правовой охране селекционных достижений”, “О фирменных наименованиях” and the international treaties which came in accordance with the established procedure into force which participant is the Kyrgyz Republic, the following objections and applications can be submitted:
1) on decisions on refusal in issue of the patent for the invention, an industrial sample, useful model, selection achievement;
2) on solutions of preliminary expert examination on refusal in registration of the Trademark, a Service Mark and Appellations of Origin of Good;
3) on solutions of examination on preliminary refusal in registration of the trademark, a service mark according to the Madrid agreement on the international registration of signs of April 14, 1891 revised in Brussels on December 14, 1900 in Washington – on June 2, 1911, in the Hague – on November 6, 1925, in London – on June 2, 1934, in Nice – on June 15, 1957 and in Stockholm – on July 14, 1967 (further – the Madrid agreement on the international registration of signs);
4) on solutions of examination on preliminary refusal in registration of the trademark, a service mark according to the Protocol to the Madrid Agreement on the international registration of signs of June 28, 1989 (further – the Protocol to the Madrid Agreement on the international registration of signs);
5) on solutions of formal or preliminary expert examination on refusal in issue of the patent for the invention, an industrial sample, useful model;
6) against application for selection achievement;
7) on decisions on refusal in the registration of the trademark, a service mark accepted by results of examination of the declared designation;
8) on final refusals in registration of the trademark, a service mark by results of examination of the declared designation according to the Madrid Agreement on the international registration of signs;
9) on final refusals in registration of the Trademark, a Service Mark by results of examination of the declared designation according to the Protocol to the Madrid Agreement on the international registration of signs;
10) on decisions on refusal in registration of the name of a place of goods origin and granting a right of use of it, granting a right of use of already registered Appellations of Origin of Goods, accepted by results of examination of the declared designation;
11) on the decisions on registration of the trademark, a service mark accepted by results of examination of the declared designation including in cases:
– exceptions examination from protection of one or several elements of a sign;
– changes by examination of the inventory provided by the applicant for which registration of a sign was asked;
12) on the solution of examination on refusal in registration of Firm Name;
13) on refusal in satisfaction of the petition for modification and additions in the state register of Firm Names;
14) against issue of the patent for the invention, including the patent for the invention which is taken out according to the Eurasian patent convention, an industrial design, utility model, selection achievement;
15) against registration of the Trademark, a Service Mark;
16) against registration of the Trademark, a Service Mark according to the Madrid Agreement on the international registration of signs;
17) against registration of the Trademark, a Service Mark according to the Protocol to the Madrid Agreement on the international registration of signs;
18) against registration of the Appellations of Origin of Goods and issue of the certificate for a right of use of the Appellations of Origin of Goods;
19) about cancellation of registration of Appellation of Origin of Goods origin or the certificate on a right of use of Appellation of Origin of Good;
20) against registration of Firm Name.
(In edition of the resolution of the government of KR of May 20, 2014 No. 263)
4. The following applications can be submitted to Appeal council:
1) about recognition of the Trademark well-known in the territory of the Kyrgyz Republic;
2) about loss of the well-known Trademark of the status well-known.
III. Conditions and order of giving of objections and statements
5. The objections and statements provided by subparagraphs 1-5, 7-13 of point 3 and subparagraph 1 of point of 4 these rules move the applicant directly or through his representative.
The objections and statements provided by subparagraphs 6, 14-20 of point 3 and subparagraph 2 of point of 4 these rules move any person directly or through his representative.
Objections or applications are submitted in the state or official language.
Foreign legal entities or natural persons who are constantly living outside the Kyrgyz Republic, or their patent agents give objections, correspond on them with Appeal council and participate in meetings through the patent agents registered in Kyrgyzpatent if other order isn’t established by the international agreement with participation of the Kyrgyz Republic.
The power of attorney issued according to the legislation of the Kyrgyz Republic is attached to objection or the application submitted through the representative or the patent agent.
The power of attorney can be issued to the patent agent registered in Kyrgyzpatent on representation of interests of the foreign legal entity or natural person who is constantly living outside the Kyrgyz Republic both this person, and to his patent agent having the relevant power of attorney issued by the applicant. In the latter case both mentioned powers of attorney, or their copies issued properly are submitted.
6. In objection or the statement have to be specified:- registration number of the applicacation for the invention, utility model, industrial design, the trademark, service mark and the Appellations of origin of goods, firm name, selection achievement, and at contest of the security document – and number of the last, a surname, a name, a middle name of the natural person or the name of the legal entity which gave objection, and the address for correspondence;
– an essence of dispute on the appeal of the challenged decisions;
– the exhaustive indication of all motives and arguments of the applicant, including the comparative analysis offered and all objects opposed to it (at refusal in issue of the security document);
– motivated argument, proofs and justification of the circumstances which are according to the applicant, the basis of its requirements and objections;
– accurately formulated requirements of the applicant for a dispute subject.
The objection or the application is submitted to Appeal council in duplicate.
7. The objections provided by subparagraphs 1-4, 7-11 of point of 3 these rules move within three months from the date of receipt by the applicant of the decision.
The objection provided by subparagraph 5 of point of 3 these rules moves within two months from the date of receipt by the applicant of the decision.
The objection provided by subparagraph 6 of point of 3 these rules moves within six months from the date of the publication of data on the demand.
The objection provided by subparagraph 12 of point of 3 these rules moves within one month from the date of receipt by the applicant of the decision.
The objection provided by subparagraph 13 of point of 3 these rules moves within a month from the date of receipt by the applicant of the notice.
The objection provided by subparagraph 14 of point of 3 these rules moves during all period of validity of the patent.
The objection provided by subparagraph 15 of point of 3 these rules in case of violation of the requirements established by articles 3 and 4 of the Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of origin” moves during all period of validity of registration, and on the bases established by article 5 of the Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin” – before the expiration of five years from the date of the publication of data on registration in the official bulletin.
The objection provided by subparagraphs 16-17 of point of 3 these rules moves during all period of validity of registration of the Trademark, a Service Mark.
The objection provided by subparagraph 18 of point of 3 these rules moves during action of registration of Appellation of Origin, the certificate on a right of use of Appellation of Origin.
The objection provided by subparagraph 19 of point of 3 these rules moves during all period of validity of registration of Appellations of Origin or the certificate on a right of use of the name of a place of goods origin.
The objection provided by subparagraph 20 of point of 3 these rules moves during all period of validity of registration of Firm Name.
The statement provided by subparagraph 1 of point of 4 these rules moves during action of registration of the Trademark.
The statement provided by subparagraph 2 of point of 4 these rules moves during action of registration of the well-known Trademark.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
8. The document confirming payment of the corresponding duty on giving of objection or the statement in the established size has to be attached to objection or the statement.
To the objection provided by subparagraphs 2, 3, 4, 7, 8, 9 and 12 of point of 3 these rules concerning uniform goods, the consent of the owner of the Trademark specified in points 1, 2 and 3 of part 1 of article 5 of the Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin”, to registration of the given designation is applied.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
9Date of giving of objection or the statement date of representation of the objection or an application issued according to requirements of these Rules, with the appendix of the document confirming payment of duty on giving of objection or the statement in Appeal council is considered.
At discrepancy of the submitted objection or the application to requirements of these rules or non-presentation together with objection or the statement of the document confirming payment of duty in the established size, the objection or the statement is considered not given.
The document confirming payment of duty, presented with violation of an order of its registration is considered invalid, and the objection or the application in this case is returned to the applicant for correction. The term of consideration of objection or the statement is estimated from the date of submission of the corrected document.
10. The person who submitted objection or the application or his representative can withdraw the submitted objection or the application before announcement of resolutely part of the decision of Appeal council. Thus duty on giving of objection or the application isn’t returned.
11. According to the petition of the applicant excessively paid sum of duty or the paid sum of duty on giving of the objection or the statement recognized not given comes back or set off in accordance with the established procedure on account of payment of other duties.
12. The term of objection passed by the applicant can be restored according to the petition of the applicant according to the legislation of the Kyrgyz Republic.
The petition has to contain confirmation of good reasons of the admission of a term of objection and the document confirming payment of duty on restoration of the passed term of objection and duty on giving of objection in the established size has to be attached to it.
At non-presentation together with the petition containing confirmation of good reasons of the admission of term of objection, the document confirming payment of the specified duties in the established size, the petition and objection are considered as not given.
In case duty is paid in a size, smaller established, and/or the document confirming its payment no, the objection or the statement in this case is considered not given.
13. According to the petition of the applicant excessively paid sum of duties or the paid sum of duties on restoration of the passed term of objection and giving of objection in case of recognition of the petition and objection by not given comes back or set off in accordance with the established procedure on account of payment of other duties.
IV. Registration and reception of objections and statements
14. The objection or the statement provided by the section II of these rules the written objection which came to Appeal council or the statement meeting the conditions of giving of objections or statements provided by the section III of these rules admits.
(In edition of the resolution of the government of KR of May 20, 2014 No. 263)
15. The objection which came to Appeal council or the statement is registered and the entering number is assigned to it.
16. About acceptance to consideration of the objection or the statement provided by subparagraphs 14-20 of point 3 and subparagraph 2 of point of 4 these rules the notice to the owner of the challenged security document with application of a copy of objection or the statement goes.
To the owner of the Trademark, the Service Mark registered according to the Madrid Agreement on the international registration of signs or the Protocol to the Madrid Agreement on the international registration of signs, the specified notice goes directly to the address of the owner of a sign. Thus it is reported that further business management, the objection connected with consideration or the statement, is carried out through the patent agent registered in Kyrgyzpatent according to the section III of these rules.
17. In case the objection or the statement doesn’t meet the giving conditions provided by the section III of these rules, the objection or the application is returned, it is considered not given.
V. Terms of consideration of objections and statements
18. The objections provided by subparagraphs 12-13, 20 of point of 3 these rules are considered by Appeal council within two months from the date of their receipt.
The objections provided by subparagraphs 1-11, 15-19 of point of 3 these rules are considered by Appeal council within four months from the date of their receipt.
The objections provided by subparagraph 14 of point of 3 these rules are considered by Appeal council within six months from the date of their receipt.
The statements provided by subparagraphs 1-2 of point of 4 these rules are considered by Appeal council within four months from the date of their receipt.
19. Any person to whom the notice of acceptance of objection or the statement to consideration by Appeal council is sent, can address to Appeal council with the petition for transfer of term of a meeting with the indication of good reasons.
The petition moves in writing, with the indication of good reasons, and is accepted if it arrived in three working days prior to the declared term of consideration of objection or the statement.
In this case new date of a meeting of Appeal council on what all participants of consideration of objection or the statement are notified is appointed.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
20. Appeal council is obliged to suspend proceeding in cases:
– death of the citizen (natural person), elimination or reorganization of the legal entity who is the participant of consideration of objection or the statement if disputable legal relationship allows succession – before definition of the assignee of the left person;
– impossibility of consideration of the this case up to the permission of the another matter considered in civil legal proceedings or an administrative order.
After stay of proceeding the current of all terms provided by the legislation stops.
The proceeding renews according to the statement of the person who is legally interested in outcome of the case or at the initiative of Appeal council after elimination of the circumstances which formed the basis to its stay.
VI. Consideration of objection or the statement at a meeting of Appeal council
21. Consideration of objection or the statement is carried out at a meeting of Appeal council as a part of not less than five of his members.
22. To participate in consideration of objection or the statement the person who submitted objection or the application, the owner of the challenged security document and/or their representative and the representative of the relevant department of examination Kyrgyzpatent can.
The person who submitted objection or the application the owner of the security document can take part in consideration of objection or the statement personally, and also through the representative which powers have to be confirmed properly with the issued power of attorney.
Appeal council can allow participation to other persons without vote.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
23. Absence of any person having the right to participate in consideration of objection or the statement and notified on date and a place of a meeting of Appeal council isn’t an obstacle to consideration of objection or the statement.
Appeal council has the right, having recognized impossibility of consideration of objection or the statement at this meeting owing to absence of the parties, to postpone the date of holding a meeting.
24. Production in Appeal council is conducted in the state or official language. The persons participating in dispute not knowing language in which production is conducted are granted the right of acquaintance with materials of dispute and participation in actions of Appeal council through the translator.
25. A meeting of Appeal council the chairman directs.
The chairman opens a meeting of Appeal council and represents members of Appeal council and persons participating in consideration of objection or the statement.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
26. Consideration of objection or the statement in essence begins announcement of objection or the statement by the chairman.
Further consideration of the case is conducted, as a rule, in the following sequence:
– hearing of the parties and answers to questions of members of Appeal council;
– speech of experts, in case of need.
27. The minutes of Appeal council are conducted by the secretary of Appeal council.
The minutes are signed by the chairman and the secretary of Appeal council.
28. In case of need Appeal council has the right to appoint the definition independent examination for an explanation of the questions demanding special knowledge. The materials submitted these experts shouldn’t contain data on the applicant and a being of the considered dispute.
Carrying out independent examination has to be charged to the competent experts possessing knowledge necessary for this purpose.
The independent expert if necessary has the right to request additional materials from Appeal council.
The conclusion of independent experts shall conclude:
– fill description of researches;
– make conclusions by results;
– concrete answers to questions of Appeal councilо.
The conclusions must be in written for give to Appeal council. In case of insufficient clarity or incompleteness of an opinion of an independent expert Appeal council has the right to appoint repeated examination, having charged its carrying out to the same expert or other independent expert or a commission of experts.
VII. The introduction of decisions in force
29. The decision of Appeal council is made by results of meeting of members of Appeal council after completion of consideration of objection or the statement in essence.
The decision is made by the simple majority from total number of members of Appeal council. At equality of votes, the voice of the presiding Appeal council is decisive.
The resolutory part of the decision accepted by Appeal council is disclosed to the presiding parties participating in consideration of objection or the statement.
30. In the presence of a dissenting opinion at any of members of Appeal council it is applied to the decision.
31. The decision of Appeal council is stated in writing and is signed by the chairman and all members of Appeal council participating in dispute consideration.
By results of consideration of the objections or statements provided by the section II of these rules decisions on satisfaction, on partial satisfaction or on refusal in satisfaction of objection or the statement are passed.
32. The motivated decision of Appeal council is formed and goes to the person which submitted objection or the application in case of contest of the security document or registration – also to the owner of the security document, within a month from the date of pronouncement of the decision. If necessary the copy of the decision can be sent to the relevant divisions of Kyrgyzpatent.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
33. The decision of Appeal council comes into force from the date of its acceptance.
34. (No. 263 became invalid according to the resolution of the Government of KR of May 20, 2014)
35. At disagreement with the decision of Appeal council in the cases provided by the legislation of the Kyrgyz Republic, any of the objecting parties in six-months time from the date of receipt of the decision has the right to file a lawsuit the complaint.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
Rules for Filing, Review and Classification of the Patent Application of the Kyrgyz Republic for a Secret Invention
Approved
by resolution of the Government
of the Kyrgyz Republic
of January 5, 2011 N 8
Rules for Filing, Review and Classification of the Patent Application of the Kyrgyz Republic for a Secret Invention
1. General provision
2. Filing application for secret invention
3. Classification of the application containing the data making the state secret
4. Examination of the application for the confidential invention
5. Appeal order applicant of solutions of examination on the application for the secret invention
1. General provision
1. These Rules of giving, consideration and a classification of the application for issue of the patent for the secret invention (further – Rules) are developed according to article 2 of the Law of the Kyrgyz Republic “On secret inventions” and define procedure of giving and consideration of the application for issue of the patent for the confidential invention (further – the application for the secret invention), conditions of its classification according to laws of the Kyrgyz Republic “On secret inventions”, “On protection of the state secrets of the Kyrgyz Republic”, the Patent Law of the Kyrgyz Republic and other regulations regulating the privacy mode in the Kyrgyz Republic.
2. Application for the secret invention
2. The application for the secret invention is submitted by the persons provided by article 5 of the Law of the Kyrgyz Republic “On secret inventions” according to requirements of the Patent Law of the Kyrgyz Republic, with observance of requirements of preservation of the state secrets provided by the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic” and these rules.
The application for the secret invention which arrived from foreign citizens or foreign legal entities comes back to the applicant without consideration.
3. Application for invention Заявка на изобретение, subject to a classification, giving to authorized state body in the field of intellectual property (further – Kyrgyzpatent) to special division of the Kyrgyzpatent.
4. Applications (legal entities) – the ministries, the state committees, administrative departments having lists of the data which are subject to a classification and the classified information containing in the applications for inventions submitted by them submit such applications with putting down of a signature stamp of the corresponding degree of privacy for them through the regime and confidential structural divisions.
5. Applicants (natural and legal entities) which don’t have lists of the data which are subject to a classification in case the application submitted by them, in their opinion, contains the data making the state secrets and it has to be secret, submit such application with the offer on a classification through regime and confidential structural divisions in a work place, and in the absence of such opportunity, – through special communication in a residence (stay), or directly in the order provided by the Patent Law of the Kyrgyz Republic.
6. Use of the fax for a document transfer, containing the data making the state secret isn’t allowed.
7. The demand for the secret invention is formed according to requirements of the Patent Law of the Kyrgyz Republic and other regulations of the Kyrgyz Republic.
By drawing up the description of the secret invention it is forbidden to specify data for which privacy degree above, than degree of privacy of the declared invention is established.
8. All documents requests for the secret invention are submitted in one copy.
9. According to the demand for the confidential invention the special sector of Kyrgyzpatent conducts separate office-work with observance of the conditions providing protection of the state secrets according to the legislation of the Kyrgyz Republic.
3. A classification of the application containing data making the state secret
10. Inventions are coded on the basis of the list of the data making the state secret of the Kyrgyz Republic and developed by the central executive bodies of lists of the data which are subject to a classification.
11. The classification of inventions for reasons of preservation of a trade secret or for other motives which aren’t connected with preservation of the state secrets isn’t allowed.
12. A classification of the applications containing the data making the state secrets, establishment of degree of privacy and also terms of its revision are carried out by the government bodies determined by the Government of the Kyrgyz Republic according to the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic” (further – authorized government bodies).
13. The application for secret invention, giving by the state body – ministry, state committee, administrative office having list of information? Shall be secret concerning to Law of the Kyrgyz Republic “On protection of the State secrets in the Kyrgyz Republic” the Application The application for the secret invention submitted by government body – the ministry, the state committee, administrative department having the existing lists of the data which are subject to a classification is coded by government body in the order provided by the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic” with putting down of a signature stamp of the corresponding degree of privacy and establishment of term of its revision.
14. The application for the secret invention which pass to Kyrgyzpatent for which degree of privacy isn’t established, and containing the proposal of the applicant that in it the data making the state secret within three working days from the date of its receipt are reflected in Kyrgyzpatent is considered by special sector of Kyrgyzpatent regarding detection in it of data which according to the list of the data making the state secrets of the Kyrgyz Republic can be carried to the state secrets.
15. In case of detection in the demand of the data making the state secret, the special sector of Kyrgyzpatent makes registration of the demand, assigns it special number and directs, depending on thematic accessory, in the appropriate authorized government body allocated with powers on reference of data to the state secrets and their protection.
Special number of the demand for the secret invention consists from: the first four figures meaning year of receipt of the application, the fifth figure – the code used for designation of demands for confidential inventions and two other figures – serial numbers of the application for the secret invention in a series of this year.
16. The application for secret invention Заявка на секретное изобретение, come to authorized government body to which field of activity the declared invention belongs, it is checked for validity of its classification and establishment of degree of privacy. Check is made within three months from the date of receipt of the demand in the specified government body.
In case sufficient bases for a classification of the invention it isn’t established, to the applicant and Kyrgyzpatent goes the motivated conclusion about declassification, or about decrease in degree of privacy, or about an exception of materials of the application of the classified information which isn’t relating to essence of the declared decision.
If the applicant within two months from the date of receipt of such conclusion doesn’t declassify, won’t lower privacy degree, won’t exclude the classified information which isn’t relating to essence of the declared object from application materials or won’t submit a motivated request for extension of the specified term, the application is considered not given.
17. In case of adoption by authorized government body of the decision on need of a classification of the demand, the authorized government body makes the conclusion about a classification of the invention, degree of its privacy, establishes the term of its revision, puts down on the demand a signature stamp of the corresponding degree of privacy and sends this confidential application to special sector of Kyrgyzpatent which further consideration is carried out in Kyrgyzpatent, according to point of 3 these rules.
18. In the absence of the bases for a classification of the declared invention, the authorized government body makes the conclusion about absence in the application of the data which are subject to a classification and sends it together with the application to special sector of Kyrgyzpatent.
The special sector of Kyrgyzpatent transfers the unclassified application to expert department of open office-work of Kyrgyzpatent for its further consideration regarding establishment of protectability of the invention according to the Patent law of the Kyrgyz Republic on what the applicant is notified.
The term of consideration of the specified application in Kyrgyzpatent for the period of consideration of the demand by authorized government body lasts according to the Patent Law of the Kyrgyz Republic.
4. Examination of application for secret invention
19. Examination of the demand for the confidential invention on which need of a classification is confirmed, is carried out by Kyrgyzpatent and includes formal, preliminary examinations and examination in essence which are carried out according to the Patent law of the Kyrgyz Republic and other regulations of the Kyrgyz Republic, with observance of requirements of preservation of the state secrets established by the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic”.
20. Expertize of the application for the confidential invention is carried out by Kyrgyzpatent’s employees having the admission to the state secrets, the corresponding degree of privacy of the data containing in the application for the confidential invention.
In case of need, when carrying out examination in essence, Kyrgyzpatent has the right to involve in carrying out examination of the application for the secret invention of specialists of the appropriate authorized government bodies having necessary qualification for carrying out such examination.
Examination of the application in essence relating to essentially new means of arms, military equipment and special technical means is carried out after providing the conclusion of authorized government body to which competence the invention is carried.
21. Expertize on the substance of the application for the confidential invention is carried out in the presence of the petition of the applicant for carrying out examination in essence. In case of not receipt of the specified petition in the time established by the Patent law of the Kyrgyz Republic, the application for the secret invention is considered withdrawn.
22. At determination of protectability of the secret invention the patentability conditions established by the Law of the Kyrgyz Republic “On secret inventions” and the Patent law of the Kyrgyz Republic are applied.
At determination of novelty of the secretl invention, along with the data provided by the Patent Law of the Kyrgyz Republic on condition of their earlier priority have to be included in equipment level:
– patents of the Kyrgyz Republic for secret inventions;
– the applications for issue of patents for confidential inventions submitted in the Kyrgyz Republic by other persons (except for the withdrawn application);
– the data making the state secrets opened in printing editions and other sources of information, which became available in the Kyrgyz Republic for the persons having access to such data legally before a priority of the declared secret invention.
At determination of novelty of secret inventions, degree of privacy of the data making the state secrets, included in equipment level shouldn’t exceed degree of privacy of the declared secret invention.
23. Decisions, notices, inquiries of examination are signed by the expert who was carrying out expertize and the head of special sector of the Kyrgyzpatent.
Additions, specifications, the corrections of materials of the demand directed by the applicant to Kyrgyzpatent are certified by the government body which appropriated to materials of the demand for the confidential invention a security classification.
24. The applicant has the right on the initiative or of the invitation of special sector of Kyrgyzpatent to take part in consideration of the questions arising during examination to examine the materials used when carrying out examination in the order determined by the legislation.
25. If as a result of examination of the application for the secret invention of Kyrgyzpatent establishes that the declared invention in the volume of legal protection asked by the applicant corresponds to the conditions of patentability of the invention determined by article 5 of the Patent Law of the Kyrgyz Republic the decision on issue of the patent for the confidential invention with the formula of the invention offered and coordinated with the applicant is passed.
On the basis of Kyrgyzpatent’s decision on recognition of the declared object thesecret invention, on condition of payment of the corresponding duty, Kyrgyzpatent enters the secret invention in the State register of secret inventions of the Kyrgyz Republic, grants to the applicant the patent for the confidential invention with a signature stamp “Confidentially”, and to the author (authors) – the certificate on authorship.
26. At establishment of discrepancy of the declared secret invention in the volume of legal protection asked by the applicant the decision on refusal in issue of the patent for the confidential invention is passed to the conditions of patentability of the invention determined by article 5 of the Patent law of the Kyrgyz Republic.
At disagreement with the solution of examination the applicant according to articles 23-2 and 24 of the Patent Law of the Kyrgyz Republic has the right to give the objection certified by the government body which appropriated to materials of the application for the secret invention a restrictive signature stamp.
27. In case of non-recognition of the declared object the confidential invention, the relations arising in connection with a classification and use of the development containing the data making the state secrets and which isn’t recognized by confidential inventions according to the Law of the Kyrgyz Republic “On secret inventions” are regulated by the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic”.
After terms of preservation of the established degree of privacy of the secret invention its declassification according to provisions of article 10 of the Law of the Kyrgyz Republic “On secret inventions” is made, and the patent for the declassified invention at observance of the conditions provided by article 11 of the Law of the Kyrgyz Republic “On secret inventions” is granted.
5. Appeal order applicant of decisions
examinations according to the application for the confidential invention
28. The order of the appeal of solutions of examination is regulated by articles 23-2 and 24 of the Patent Law of the Kyrgyz Republic, Rules of giving of objections, statements and their considerations in Appeal council under the State Service of Intellectual Property of the Kyrgyz Republic approved by the resolution of Provisional Government of the Kyrgyz Republic of July 9, 2010 N 117 (further – Appeal council).
The objection given to Appeal council has to be certified by the government body which coded materials of the demand and appropriated them a restrictive signature stamp.
Objections on solutions of examination are considered at a private meeting of Appeal council. The members of Appeal council and other persons participating in consideration of objection have to have the admission to the state secrets corresponding to degree of privacy of the data containing in the application for the secret invention.
Rules of extension of period of validity of the patent of the Kyrgyz Republic for the invention relating to pharmaceutics
Approved by resolution
of the Government of the Kyrgyz Republic
of January 5, 2011 N 7
Rules Of extension of period of validity of the patent Of the KR for the invention relating to pharmaceutics
1. Present Rule of extension of period of validity of the patent of the KR for the invention relating to pharmaceutics, (further – Rules) Настоящие Правила продления срока действия патента Кыргызской Республики на изобретение, относящееся к фармацевтике, (далее – Правила) regulate conditions and procedure of extension of action of the patent for the invention relating to pharmaceutics which validity can be extended according to part 1 of article 4 of the Patent Law of the Kyrgyz Republic.
2. For these rules the following concepts are used:
– the invention relating to pharmaceutics, – means a product of the patented invention which application, requires obtaining in accordance with the established procedure the special permission of competent authority;
– application of a pharmaceutical product – is equivalent to concepts use, sale, introduction on the market.
3. The patent of the Kyrgyz Republic for the invention works within twenty years from the date of application in authorized state body of the Kyrgyz Republic in the field of intellectual property (further – Kyrgyzpatent).
Period of validity of the patent of the Kyrgyz Republic for the invention relating to pharmaceutics can be prolonged by Kyrgyzpatent according to the petition of the owner of the patent. Thus, the term of extension of action of the patent is estimated from the date of application for the invention in Kyrgyzpatent to the date of receipt of the first permission of competent authority to application. The term of extension of action of the patent can’t exceed five years.
4. The petition for extension of period of validity of the patent for the invention (further – the petition) moves in Kyrgyzpatent during action of the patent before the expiration of six months from the date of receipt of the first permission to application of a pharmaceutical product or date of issue of the patent depending on what of these terms expires later.
5. The petition moves on the standard form according to the annex to these rules and has to contain the following data:
– name and address of a residence (location) of the applicant;
– number of the patent;
– name of pharmaceutical product;
– independent point of a formula of the invention of the prolongable patent in which the specified product is characterized.
6. The following documents are attached to the petition:
– patent for the invention (original);
– the copy of the official document containing the data on a pharmaceutical product allowing to identify it with a formula of the patented invention (the copy of permission of competent authority to application of a pharmaceutical product), registration number and the date of receipt of the first permission of authorized state body to application of this product certified properly;
– the power of attorney issued properly in case of business management through the patent agent or the representative.
7. The petition is submitted in the state or official language. Its translation into the state or official language is applied to the petition presented in other language.
8. The petition is signed by the owner of the patent either patent agent, or other representative if they are appointed.
On behalf of the legal entity the petition is signed by the head of the organization or the other person authorized on it in accordance with the established procedure with the indication of its position, the signature is sealed the legal entity. The signature is deciphered by the indication of a surname and initials of the signing person.
9. For business management on extension of period of validity of the patent for the invention the owner of the patent can authorize the patent agent of the Kyrgyz Republic or other representative in the cases provided by the Patent law of the Kyrgyz Republic with issue of the relevant power of attorney to it.
10. Procedure of submission of the petition and the documents attached to it in Kyrgyzpatent is carried out according to the requirements of submission of documents established by regulations of the Kyrgyz Republic in the field of intellectual property.
11. In a month from the date of submission of the petition of Kyrgyzpatent carries out check on:
– observance of conditions of submission of the petition;
– existence of the demanded documents and their compliance to the requirements established by these rules;
– fact of protection of a pharmaceutical product existing patent;
– protection of signs of a pharmaceutical product formula of the invention of the prolongable patent.
12. In case of positive results В случае положительного результата проверки, action of the patent lasts for the term of no more than five years from an expiration date of action of the patent.
Data on extension of period of validity of the patent for the invention are entered in the State register of inventions of the Kyrgyz Republic and published in the official bulletin of Kyrgyzpatent. Record about extension of period of validity of the patent for the invention is made in the patent about what the person which submitted the petition is notified.
13. At absence or the wrong registration any of necessary documents to the owner of the patent Kyrgyzpatent is sent inquiry with the offer to submit the lacking and/or corrected documents within two months from the inquiry date of receipt.
Thus the term of consideration of the petition, is estimated from the date of receipt of the lacking and/or corrected documents.
14. In cases of non-compliance with the conditions and requirements established by these rules, and also non-presentations in Kyrgyzpatent within two months from the date of receipt of request of the lacking and/or corrected documents, the petition remains without satisfaction about what to the owner of the patent the notice goes. The patent comes back to the person which submitted the petition.
Rules Of extension of period of validity of the patent Of the KR for the Industrial Design
Approved by resolution
of the Government of the Kyrgyz Republic
of January 5, 2011 N 7
Rules
Of extension of period of validity of the patent
Of the KR for the Industrial Design
1. Present Rule of extension of period of validity of the patent of the KR for the industrial design, (further – Rules), regulate conditions and procedure of extension of action of the patent for the industrial design which validity can be extended according to part 1 of article 4 of the Patent Law of the Kyrgyz Republic.
2. Patent of the KR for the industrial design (further – Patent) work within 5 years from the date of application in authorized state body of the KR in the field of intellectual property (further – Kyrgyzpatent). Period of validity of the patent can prolonged by the Kyrgyzpatent according to petition of the owner of the patent but no more than for three years.
3. For business management on extension of period of validity of the patent the owner of the patent can authorize the patent attorney of the Kyrgyz Republic or other representative in the cases provided by the Patent Law of the Kyrgyz Republic with issue of the power of attorney to it.
4. The petition for extension of period of validity of the patent (further – the petition) moves in Kyrgyzpatent on the standard form according to the annex to these rules, within the last two months of the tenth year of action of the patent.
5. The following documents shall attach to petition:
– patent for an industrial sample (original);
– the document confirming payment of duty for the corresponding year of maintenance of the patent in force;
– the power of attorney, in case of business management through the patent agent or the representative.
6. The petition is submitted in the state or official language. Its translation into the state or official language is applied to the petition presented in other language.
7. The petition signed by owner of the patent or patent attorney or other representative in case of Ходатайство подписывается владельцем патента или патентным поверенным, или иным представителем, в случае business management through the patent attorney or the representative.
On the name of juridical body the petition sign by head of organization or other body, authorized От имени юридического лица ходатайство подписывается руководителем организации или иным лицом, the representative on it in accordance with the established procedure, with the indication of its position, the signature is sealed the legal entity.
The signature is deciphered by the indication of a surname and initials of the signing person.
8. The petition and attached documents given to Kyrgyzpatent or direct by email or by fax.
9. In a month from the date of submission of the petition, Kyrgyzpatent carries out check on:
– observance of conditions of submission of the petition;
– existence of necessary documents and their compliance to the requirements established by these rules;
– fact of protection of an industrial design existing patent.
10. At absence or the wrong registration any of necessary documents to the person which submitted the petition the inquiry is sent for representation to Kyrgyzpatent within two months from the date of receipt of request of the lacking and/or corrected documents.
Thus, the monthly term of consideration of the petition is estimated from the date of receipt of the last of the lacking and/or corrected documents.
In case all necessary documents aren’t submitted in due time, the validity of the patent isn’t extended. To the person which submitted the petition the notice of leaving of the petition without satisfaction goes, and the patent comes back.
11. In case of positive results, action of the patent lasts for the term asked by the owner of the patent, but no more than five years from a term expiration date (ten years) of action of the patent.
Data on extension of period of validity of the patent are entered in the State register of industrial samples of the Kyrgyz Republic and published in the official bulletin of Kyrgyzpatent. Record about extension of period of validity of the patent is made in the patent about what the person which submitted the petition is notified.
Rules registration of the contract on a concession of the security document for object of industrial property, selection achievement, license contract on providing the right for their use, contract on pledge of an exclusive right to object of industrial property and contract on transfer of technology
Rules
registration of the contract on a concession of the security document for object of industrial property, selection achievement, license contract on providing the right for their use, contract on pledge of an exclusive right to object of industrial property and contract on transfer of technology
(In edition of resolutions of the Government KR of April 1, 2013 N163, of May 20, 2014 N263)
I. General provision
1. These rules of registration of the contract on a concession of the security document for object of industrial property, selection achievement, the license contract on providing the right for their use, the contract on pledge of an exclusive right to object of industrial property and the contract on transfer of technology (further – Rules) are developed according to the Civil code of the Kyrgyz Republic, the Patent law of the Kyrgyz Republic, laws of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin”, “On protection of selection achievements”.
Register in authorized state body in the field of intellectual property (further Kyrgyzpatent)in accordance to legislation of the KR the contract on a concession of the security document for object of industrial property, selection achievement and the license contract on providing the right for its use, the contract on pledge of an exclusive right to object of industrial property registered in the State register of inventions, the State register of utility models, the State register of industrial designs, the State register of trademarks and service marks, the State register of firm names and the State register of selection achievements is subject.
The contract on transfer of technology can be registered by agreement of the parties in Kyrgyzpatenta.
These rules are applied also at registration of the sublicense contract.
(In edition of resolutions of the government of KR of April 1, 2013 N 163, on May 20, 2014 No. 263)
2. Basic concepts and reductions.
The concepts and reductions used in these rules are applied in the following value:
Kyrgyzpatent | – | Authorized state body in the field of intellectual property; |
WIPO | – | World Intellectual Property Organization; |
Object of Industrial Property | – | Invention, industrial design, utility model, trademark, service mark, firm name; |
Register | – | Register of object of industrial property объектов, selection achievements of the KR, Eurasian patents; |
Protect document | – | Patent, the patent under responsibility of the applicant, the certificate; |
Technology | – | Know-how, complex enterprise license (franchizing), consulting services, rendering engineering services, leasing, option agreements; |
Contract | – | Contract (transfer act) on a concession of the security document for object of industrial property, selection achievement, license contract on providing the right for their use, contract on pledge of an exclusive right to object of industrial property; |
Contract on transfer of technology | – | Contract on a concession of the right and license contract for use of technology; |
Sublicense contract | – | Granting by the licensee rights to use object of industrial property, selection achievement and technology to the third parties; |
Licensor | – | Owner of the rights for object of industrial property, selection achievement, technology; |
Licensee | – | The natural or legal entity using object of industrial property, selection achievement, technology; |
Applicant | – | The owner of the rights for object of industrial property, selection achievement, technology, or one of the parties signing the contract or their representatives; |
Statement | – | Statement for registration of the contract (transfer act) for a concession of the security document for object of industrial property, selection achievement, license contract on providing the right for their use, contract on pledge of an exclusive right to object of industrial property, contract on transfer of the right for technology; |
Demand | – | Set of the documents enclosed to the application for registration of the contract; |
ROMARIN | – | Database of the international registration of trademarks. |
(In edition of resolution of the Government of the KR of May 20, 2014 № 263)
II. The documents provided for registration of the contract
3. For registration of the contract in Kyrgyzpatenta the application in the form given in appendices 1 or 3 to these rules in the state or official language, in one copy, depending on a type of the contract which is subject to registration has to be submitted. Foreign names and names of the enterprises have to be specified in the Kyrgyz or Russian transliteration.
The application is signed by all owners of the security document or their representative which powers are issued properly.
(In edition of resolution of the Government of KR of April 1, 2013 N 163)
4. The following documents have to be enclosed to the application:
1) the contract (original) or the extract from it certified by the legislation of the country of origin of the document, in triplicate (two of which can be copies).
The contract has to include the following main conditions:
– subject of the contract;
– the volume of the transferred rights;
– the territory on which the right is transferred;
– period of validity of the contract;
– indications of the parties of the contract and their legal addresses;
– other conditions which the parties will consider necessary.
The license contract concerning the trademark has to contain a condition that quality of goods and services of the licensee won’t be lower than quality of goods and services of the licensor, and the licensor will exercise control over the implementation of this condition;
2) copy of the security document.
(The paragraph of the second of subparagraph 2 became invalid according to the resolution of the government of KR of May 20, 2014 for No. 263)
At registration of the contract concerning the international trademark listing from a database of the international registration of the ROMARIN trademarks is represented.
3) the document confirming payment of duty on registration of the contract.
At non-presentation together with the statement of the document confirming payment of duty in the established size, consideration of the application isn’t made;
4) the copy of the document certified properly, confirming the right of the applicant who is the successor or the owner’s assignee;
5) the power of attorney issued in accordance with the established procedure according to the legislation of the country of origin of the document if for business management on registration of the contract the representative is appointed the owner;
6) the original of the main contract or its copy certified properly in case of registration of the sublicense contract.
(In edition of resolution of the Government of KR of April 1, 2013 N 163, of May 20, 2013 № 263)
5. Documents are filed in the state or official language. If documents are submitted in other language, their translation into the state or official language is applied to them. Foreign names and names of the enterprises have to be specified in the Russian or Kyrgyz transliteration. Responsibility for the accuracy of the translation is born by the applicant.
6. The statement and documents attached to it are filed to Kyrgyzpatent directly or go by mail.
III. Consideration and Register of Contract
7. Within ten working days from the date of receipt of the statement in Kyrgyzpatent completeness of the demand for existence of necessary documents and observance of the requirements to their registration provided by these rules is checked.
8. Consideration of the contract is made within two months from the date of application. In case of non-simultaneous submission of necessary documents, day of application it is considered day of receipt of the last of them.
9. In case of consideration of application and contract established that the documents, that documents are filed with violation of requirements of these rules and legislations of the Kyrgyz Republic, Kyrgyzpatent sends to the applicant inquiry in which indicates the need of elimination of the revealed shortcomings within two months from the date of receiving inquiry. Thus terms of submission of documents and consideration of the contract last for a while during which the applicant eliminates the revealed defects.
The basis for inquiry, in particular, is absence in the demand of one of the documents provided by these rules.
10. The term of representation by the applicant of required materials can be prolonged at submission of the corresponding petition and payment of duty on extension of term in the established size. The petition for extension of term is submitted within two months from the date of receipt by the applicant of inquiry.
In case of non-presentation in the specified time of required materials or petitions for extension of term of their consideration, office-work under the contract stops. To the applicant two copies of the contract come back. One copy of the contract (original) with materials of office-work remains in Kyrgyzpatent.
The Contract of transfer of technology shall be registered in Kyrgyzpatent after filling of application and giving of documents necessity for register.
Registration of the contract on transfer of technology is made according to requirements of the section III of these Rules. Thus the introduction of the contract on transfer of technology to force is defined by agreement of the parties.
(In edition of resolutions of the Government of KR of April 1, 2013 N 163, on May 20, 2014 No. 263)
11. At compliance of the submitted documents to requirements of these rules and legislations of the Kyrgyz Republic the conclusion about registration of the contract is taken out.
On the basis of the conclusion of Kyrgyzpatent makes the decision on registration of the contract.
In case of identification in the contract of the mutually exclusive provisions or provisions contradicting the legislation of the Kyrgyz Republic and at refusal of the parties in their elimination, Kyrgyzpatent makes the decision on refusal in registration of the contract.
IV. Registration of changes in the registered contract
12. Changes of the license contract, in particular, in the relation are subject to registration:
– definitions of the parties;
– subject of the contract;
– validity period;
– territories of action;
– volume of transfered rights.
By agreement of Parties shall be register and other amendments of the
13. Non-compliance with registration in Kyrgyzpatenta of changes of the contract attracts their invalidity.
14. The statement for registration of the changes made to the registered contract moves the applicant in the form given in the appendix 2 to these rules.
Are enclosed to the application:
– the contract (original) or the extract from it (original) certified by the legislation of the country of origin of the document confirming the agreement of the parties on entering of corresponding changes into the registered contract, in triplicate (two of which can be copies);
– copy of the security document;
– the document confirming payment of duty on modification of the registered contract.
Registration of the made changes is made according to requirements of the section III of these rules.
The registered changes are hemmed to the contract.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
15. In case changes concern definition of the parties of the contract, Kyrgyzpatent, in the presence of reasonable doubts in correctness and/or reliability of the presented data having the right to request necessary documents from the applicant.
V. A business management order under the registered contract and the registered changes
16. Kyrgyzpatent provides confidentiality of data and conditions of the conclusion of the registered contracts, except data of the general character, after their open publication.
One copy of the registered contract (original) is a control copy and is stored in Kyrgyzpatenta.
17. Under the registered contract, and also the registered changes in it, Kyrgyzpatent:
– puts down the last leaf of the contract (changes) a stamp about its registration with the indication of registration number, date of registration, number of sheets of the contract (changes) and its appendices on the back. Registration number includes data on object of the contract: number of registration, year of registration, look and category of the contract;
– sends the decision on registration of the contract (changes) with the appendix of two copies of the contract (changes) with a mark on registration to the address of the applicant (representative);
– brings data on the registered contract or the registered changes in the Register and in the security document;
– publishes in the official bulletin of Kyrgyzpatent data on the registered contracts and the registered changes to them in the following volume: the volume of the transferred rights, subject of the contract, definition of the parties, the territory of action, validity period, data on the early termination or extension of term of their action;
– the Eurasian patent department notifies on registration of the license contract on use of the Eurasian patent.