Rules for Reviewing and Registration of Copyright Agreements Concerning the Objects of Copyright Law, Agreements in the Field of Related Rights, Agreements on the Transfer of Rights to Topographies of Integrated Circuits

Rules for Reviewing and Registration of Copyright Agreements Concerning the Objects of Copyright Law, Agreements in the Field of Related Rights, Agreements on the Transfer of Rights to Topographies of Integrated Circuits

Apptoved by the resolution

of the Government of the Kyrgyz Republic

of November 29, 2011 N 748

Rules

for Reviewing and Registration of Copyright Agreements Concerning the Objects of Copyright Law, Agreements in the Field of Related Rights, Agreements on the Transfer of Rights to Topographies of Integrated Circuits

 

1. General provision

2. The documents submitted for registration of the agreement

3. Consideration and Registration of Contract

4. Registration of changes in the registered agreement

5. Features of registration of the contract on the transfer of rights to computer programs, database TIMS

6. The order of doing business under a registered and logged changes

Appendix 1. Application

Appendix 2. Statement

Appendix 3. Application

Appendix 4. Statement

Appendix 5. Statement

These Regulations prescribe the procedures for the review and registration of copyright contracts for the assignment of property rights and copyright license (sublicense) agreements for the use of copyrighted works and objects of related rights, contracts on transfer of rights to topographies of integrated circuits.

1. General provision

1. Basic concepts:

Treaty – the author’s contract on the object (s) copyright agreement for the object (s) in the field of related rights, the contract on the transfer of rights to the topology of integrated circuits;

sub-license agreement – giving the licensee the right to use the object of copyright, neighboring rights object and topology of integrated circuits to third parties;

licensor – the owner of the property rights to a work;

Licensee – a natural or legal person using the product;

the applicant – owner of the property rights to the object of copyright, neighboring rights object, topology of integrated circuits, or his heirs, successors;

application – an application for registration of a contract for copyright object, the object of related rights, contracts on transfer of rights on the topology of integrated circuits;

application  – a set of documents attached to the application for registration of the contract;

product – the object of copyright, neighboring rights object, integrated circuits;

TIMS – the topology of integrated circuits;

Computer – electronic computer;

Register – the State Register of copyright, the State Register of objects of related rights, the State Register of the computer programs, the State Register of databases, the State Register of Topographies of Integrated Circuits;

certificate – a certificate of registration of the work.

By agreement of the parties on the application of the authorized state body in the field of Intellectual Property (Kyrgyzpatent) can be registered agreement on the transfer of rights to the product, registered or not registered in the appropriate register of the Kyrgyz Republic.

Agreement on the transfer of property rights on the registered computer programs, databases and TIMS be registered at Kyrgyzpatent.

Agreement on the transfer of property rights to TIMS, computer program, database without registration at Kyrgyzpatent is not valid.

These rules also apply to the registration of the sub-license agreement.

For registration of the contract fee paid in the prescribed amount.

2. The documents submitted for registration of the agreement

2. The application is submitted by the applicant on the form set out in Appendices 1, 2, 3, 4 and 5 of this Regulation, the national or official language, in a single copy. The application must relate to one agreement.

The statement is signed by the copyright owner, assignee or their proxies. On behalf of the legal entity a statement signed by the head of the organization and the position, the signature shall be certified by the seal.

The application shall be accompanied by the following documents:

1) Contract in triplicate (one original and two copies).

If a party to the contract is a legal entity, it has the right to sign his supervisor or a representative whose powers are certified by a duly executed power of attorney.

On the last page of the contract shall include:

– For individuals – first name, middle name, passport number, address, telephone number, personal signature;

– For legal entities – name of the company, address, phone number; signature of the head (the trustee), indicating the position, signature, certified by the seal.

The contract includes the following information:

– the amount of the rights transferred;

– The territory on which the transferee;

– Contract time;

– Method of using the product;

– An indication of parties to the contract and their legal addresses;

– Remuneration and / or the procedure for determining the amount of remuneration for each mode of exploitation of the work, the procedure and time of payment;

– Other terms that are essential for the parties.

2) The certificate of registration of the work (duplicate), if it is registered in the appropriate register of the Kyrgyz Republic. The certificate is attached to make it a record of the work or assignment of a license.

3) A document confirming payment of the fee for registration of the contract.

In case of failure with the application a document confirming payment of the prescribed fee, consideration of the application is not made.

4) certified true copy of the document confirming the right of the applicant is the successor or successors thereto.

5) The power of attorney, executed in accordance with the laws of the country of origin of the document, if the copyright to handle cases of registration of the contract representative is appointed.

3. In the case of registration of a sublicense agreement is necessarily script host contract or its duly certified copy.

4. Documents filed in the state or official language. If the documents are in another language, they were accompanied by their translation into the state or official language. Foreign names and names of enterprises must be specified in the Kyrgyz or Russian transliteration. The responsibility for the accuracy of the translation borne by the applicant.

5. The documents referred to in subparagraphs 1-3 of paragraph 2 of this Regulation, submitted to Kyrgyzpatent, directly or by mail.

3. Consideration and registration of the contract

6. Consideration of the contact It made within one month from the date of filing of the application, complete with the documents specified in subparagraphs 1-5 of paragraph 2 of this Regulation. In the case of non-simultaneous submission of the required documents, the day of filing shall be the date of receipt of the last of them.

7. If during the review of the agreement established that the documents filed in violation of the 1-5 sub paragraph 2 of this law and legislation, Kyrgyzpatent shall notify the applicant of the need to request to address the identified deficiencies within two months from the date of receipt of the request. The time for consideration of the treaty referred to in paragraph 6 of this Regulation shall be extended for the time during which the applicant eliminates the deficiencies identified.

The reasons for the request are as follows:

– The absence of a licensing agreement;

– The absence of the application, one of the documents referred to in subparagraphs 1-4 of paragraph 2 of this Regulation;

– The lack of translation of documents in the national or official language, if the documents are in another language;

– The absence of a duly executed power of attorney for representation, if the application is filed through a representative, or a violation of its registration;

– Presentation of the application documents in a number of instances, a smaller set;

– Lack of a statement of required information, signatures, seal (if required) or other details provided in these Regulations;

– The need to clarify issues relating to the correctness of the payment of registration fees.

In case of failure by the applicant within the specified period of required materials, the processing of the contract is terminated. The applicant returns two copies of the contract and the certificate. A copy of the contract (the original) with the materials remain in office Kyrgyzpatent.

8. Kyrgyzpatent shall check the documents submitted for registration of the contract, within the period prescribed by paragraph 7 of this Regulation.

Verification of documents includes:

– Reclamation of additional documents from the applicant and other materials;

– Making inquiries to the appropriate organization.

9. In accordance submitted documents with the requirements of this Regulation Kyrgyzpatent shall register the contract. In the event of conflicting provisions in the contract and in case of failure of the parties in their elimination Kyrgyzpatent shall notify the refusal to register the contract.

4. Registration of changes in the registered agreement

10. Registration shall be subject to changes in the contract with regard to:

– Determination of the parties;

– Subject of the contract;

– The period of validity;

– The territory of the action;

– The scope of the rights transferred;

– Ways of using the product.

By agreement of the parties can be registered, and other changes in the contract.

Failure to comply with registration at Kyrgyzpatent change agreement entails their invalidity.

The application for registration of changes to the registered agreement submitted by the applicant in the form set out in Annex 3 to this Regulation.

Registration of changes in the registered agreement made in accordance with the requirements of paragraphs 1-5 of paragraph 2, and paragraphs 3-5 of this Regulation.

Registered changes attached to the contract.

5. Features of registration of the contract on transfer

rights to computer programs, database TIMS

11. The contract of assignment and transfer of property rights on the registered computer programs, databases, TIMS must be registered at Kyrgyzpatent. The Agreement shall enter into force on the date of its registration. Agreement on the transfer of property rights to software, database TIMS without registration at Kyrgyzpatent is not valid.

12. When selling and providing extensive access to computer programs and databases is allowed to use a special order, by setting forth the standard terms of use defined by the copyright.

13. Date of the contract (changes) on the transfer of rights to the computer program, database and TIMS is made in accordance with the requirements of paragraphs 1-5 of paragraph 2 and paragraphs 3-9 of this Regulation.

6. Conduct of business cases registered

contract and register the changes

14. Kyrgyzpatent shall ensure the confidentiality of information and conditions of the registered contracts, except for information of a general nature after their open publication.

15. A copy of the registered contract (the original) is a control instance and stored in Kyrgyzpatent office together with the materials.

16. registered contracts, as well as to register changes to it, Kyrgyzpatent:

– Mark on the back side of the last page of the contract (changes) stamped on its registration with the registration number, date of registration, the number of sheets of the contract (changes) and its applications. Registration number includes information about the object of the contract: registration number, year of registration, type and category of contract;

– Send to the applicant (the applicant’s representative) the decision on registration of the contract (changes) with the application of two copies of the contract (changes) a registration mark;

– Making information on registered contracts (for the change) the registry and the certificate;

– Published in the Official Bulletin of Kyrgyzpatent data on registered contracts and amendments thereto in the following amounts: the amount of the transferred rights, subject of the agreement, the definition of parties, territorial scope, duration, information on the early termination or extension of the term of their validity.

Appendix 1

The authorized state body

intellectual property_________________________

Address ___________________

Tel _________________

Application

Please register author’s contract on the assignment of property rights to the product: _________________________________________________

the name of the product (s)

(Please mark [s])

[] Unregistered;

[] Is registered;

a certificate of registration from the N ____ “___” ____________ 201__, at in relation to:

[] All works

[] Of the product, which has independent significance,

________________________________________________________________ between,

(Full name or name of a legal entity, its address)

and ____________________________________________________________________,

(Full name or name of a legal entity, its address)

the transferee.

Attached documents (please mark [x]):

[] – An agreement on ____ sheets, applications for N ___ ____ sheets in _____ copies;

[] – The original (duplicate) of the certificate of registration of the work;

[] – A document confirming payment of the fee for registration of the contract;

[] – A copy of the document confirming the right of inheritance or succession;

[] – A power of attorney to conduct the case.

Applicant (s) _____________________________________________________

(Position, name, signature)

Date _______________ (MP)

The original of the certificate must be presented to the Kyrgyzpatent for the receipt of information about the registration of the contract.

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