The Order of the State register of Traditional Knowledge of the Kyrgyz Republic

 

                                                                                                  Approved by the resolution

                                                                                                  of the Government of the Kyrgyz Republic

                                                                                                  of February 29, 2012 N 154

The Order

Of the State register of Traditional Knowledge of the Kyrgyz Republic

1. Order of registration of the traditional knowledge’s in the State register of traditional knowledge’s

2. Order of amendments and additions to the State register.

Appendix. The application on amendments and additions to the State register of the traditional knowledge’s of the Kyrgyz Republic is official document designed for adopting information on registration traditional knowledge’s, giving the right to use for registered traditional knowledge’s and to use right them, and information on changing their legal status.

1. The Order of the State register of Traditional Knowledge

1.In accordance with the Law of the Kyrgyz Republic “On protection of the Traditional Knowledge’s for amendments of information on registration in the State register of the traditional knowledge’s  of the Kyrgyz Republic ( further –State register) is the authorized state body in the field of intellectual property (hereinafter – Kyrgyzpatent) decision on registration of traditional knowledge and the right to use it or to grant the right to use the registered traditional knowledge, subject to payment of the fee for registration and issuance of certificate.

2. At registration of traditional knowledge and the right to use them in the State Register shall contain the following information:

– The registration number of the traditional knowledge / certificate number for the use of traditional knowledge;

– The date of registration of traditional knowledge in the State Register;

– The date of expiry of the certificate for the use of traditional knowledge;

– The number of applications for registration and the right to use the traditional knowledge or an application for the right to use registered Traditional Knowledge;

– The date of application for registration and the right to use the traditional knowledge or an application for the right to use registered Traditional Knowledge;

– The name of the traditional knowledge;

– Description of Traditional Knowledge;

– Information about the owner of the certificate: the full name of the legal entity, its location, name and patronymic of a physical person, his place of residence;

– Surname, name and patronymic of the applicant’s representative;

– The address for correspondence;

– The date of the publication of information on the registration of traditional knowledge and information on the issue of the certificate.

2. The procedure for making changes and

more information in the State Register

3. In the course of conducting the State Register it can be made the following changes and additional information:

– To change the name or surname, name and patronymic of the certificate holder and / or change of address of his place of residence (location);

– The termination of the certificate;

– To extend the validity of the certificate;

– A registered agreement on the use of traditional knowledge;

– The correction of obvious and technical errors;

– To issue a duplicate certificate.

1) Adding information about changing name or surname, name and patronymic of the owner of the certificate and / or a change of address of his place of residence (location).

Change the name or surname, name and patronymic of the certificate holder and / or information about the change of address of his place of residence (location) are included in the State Register and a certificate on the basis of application submitted to Kyrgyzpatent owner of the certificate or his legal successor, representative.

The application must contain the following information:

– Number of the certificate;

– The number of applications for registration and the right to use the traditional knowledge or an application for the right to use registered Traditional Knowledge;

– The date of application for registration and the right to use the traditional knowledge or an application for the right to use registered Traditional Knowledge;

– The old and the new full name or last name, first name and address of residence (location) of the certificate holder.

The application shall be accompanied by the following documents:

– The original of the certificate;

– A document confirming payment of the prescribed fee;

– Power of attorney issued to the representative of the owner of the certificate, in case of an application through a representative.

The request to change the name of the certificate holder in connection with the reorganization, the succession of the document confirming the change.

The request to change the location or residence of the certificate holder is attached of the competent (s) organ (s) certifying that the holder is in the geographical area corresponding to the registered traditional knowledge.

Documents are considered within one month from the date of receipt of Kyrgyzpatent. In reviewing the holder of (representatives) can be sent to the request for missing or clarifying materials. In requesting a period of consideration of documents shall be extended accordingly.

If the result of the examination of documents Kyrgyzpatent:

– Introduces and draws additional sheet to the testimony of the new name or surname, name of the certificate holder;

– Prepare and submit to the publication of the notice of the changes;

– Hands or send to the person who filed the application, the original certificate and an additional sheet to the certificate amended.

2) An entry on the termination of the certificate.

The basis for inclusion in the State Register of information about the termination of the certificate is the order of Kyrgyzpatent.

Kyrgyzpatent within one month from the date of the order:

– Making the appropriate information in the State Register;

– Directs the publication of a notice of particulars entered in the State Register.

In the State Register shall enter the information on the termination of the certificate:

– After the expiry of the certificate specified in Article 12 of the Law “On the Protection of Traditional Knowledge”;

– If payment within the prescribed period the fee for renewal of the certificate;

– On the basis of an application filed by the owner of the certificate to Kyrgyzpatent.

3) Adding information on the renewal of the certificate.

The reason for entering information on the extension of validity of the certificate is a statement of the certificate holder or his successor, representative, filed in the last year of validity.

The certificate shall be renewed each time for ten years, subject to payment of a fee. At the request of the owner to extend the validity of the certificate may be granted six months after the expiry of the certificate, subject to payment of an additional fee.

The application must contain the following information:

– Number of the certificate;

– The number of applications for registration and the right to use the traditional knowledge or an application for the right to use registered Traditional Knowledge;

– Validity of the certificate;

– An indication of the certificate owner (name of the legal entity or full name of a natural person);

– The address of the certificate holder.

The application shall be accompanied by the following documents:

– The original of the certificate;

– Document on payment of fee;

– Power of attorney issued to the representative of the owner of the certificate, registered at Kyrgyzpatent, in the case of an application through a representative.

Documents are considered within one month from the date of receipt of Kyrgyzpatent. In reviewing the holder of (representatives) can be sent to the request for missing or clarifying materials. In requesting a period of consideration of documents shall be extended accordingly.

If the result of the examination of documents Kyrgyzpatent:

– Prepare additional sheet to the certificate of renewal of the certificate;

– Contributes to the State Register of the date until which extended the validity of the certificate;

– Directs the publication of a notice of extension of the validity of the certificate;

– Hands or send to the person who filed the application, the original certificate and an additional sheet to the certificate containing information about the extension of the certificate.

4) An entry of registered contracts for the use of traditional knowledge.

The basis for inclusion in the State Register of information about registered contracts on the use of traditional knowledge is Kyrgyzpatent decision on the registration of the contract.

Upon registration of the contract on the use of traditional knowledge Kyrgyzpatent within one month from the date of receipt of the decision and if the original certificate:

– Make relevant information in the State Register and the additional sheet to the testimony;

– Hands or send to the person who filed the application, testimony and the testimony of additional sheet, as amended information.

In the State Register and the additional sheet to the certificate shall contain the following information:

– For holders of traditional knowledge;

– On the amount of use of rights;

– For retention payments for the use of traditional knowledge in community development Fund (State Fund for Development of the use of traditional knowledge);

– The date of the decision on registration of the contract;

– The territory of the contract;

– Contract time.

5) Corrections of obvious and technical errors.

Correction of obvious and technical errors made not due to the fault of the applicant, made by Kyrgyzpatent in the State Register and a certificate without paying any fees. For correction of errors committed by the applicant, the fee will be charged.

The basis for inclusion in the State Register of corrections of obvious and technical errors serves as a notice of Kyrgyzpatent a declaration of the certificate holder.

Kyrgyzpatent within one month from the date of notification or receipt of the request of the certificate holder:

– Contributes to the State Register of information about correcting obvious and technical errors;

– Make appropriate corrections to the certificate;

– giving or direct to address of person filing application certificate with corrections.