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The Agreement on carrying out patent search and examination on applications for Inventions and Industrial Designs within scientific and technical cooperation between Scientific- Research Institute of the state patent examination and Patent management at the State Committee on science and new technologies of the Kyrgyz Republic (Data 02.09.1993)

Moscow

of September 2, 1993

 Agreement

on carrying out patent search and examination on applications for inventions and industrial samples within scientific and technical cooperation between Scientific – Research institute of the state patent examination and Patent management at the State Committee on science and new technologies of the Kyrgyz Republic 

Scientific – Research Institute of the state patent examination and Patent management at the State Committee on science and new technologies of the Kyrgyz Republic (further Kyrgyzpatent) 

Article 1

Kyrgyzpatent will use services SRISPE for carrying out patent search and examination in demands for inventions, including use of the state patent examination of SRISPE of funds of Kyrgyzpatent’s experts.

Patent search and expertize will be carried out on the basis of the orders sent by Kyrgyzpatent to SRISPE and on the conditions regulated by the present Agreement and the Contract to it.

 Article 2. 

No provisions of the present Agreement can be considered as possible restriction of the right to pass independent decisions Kyrgyzpatentom according to demands for the inventions which are a subject of the order made according to the present Agreement irrespective of the results of patent search and examination executed by SRISPE.

Article 3

Order to do work according to present Agreement includes request on patent research or patent research and examination by application to invention, giving to accepted to consideration according to the national patent legislation: number of national registration of the demand; name of the applicant; date of application; priority data; name of the invention.

Demand materials are applied to the order: the description of the invention, a formula and drawings (if are required).

Article 4. 

Works  provided by present Agreement Работы, предусмотренные настоящим Соглашением, are carried out with payment on SRISPE. tariffs.

Changes of tariffs can be made, if necessary, not more often than once in three months. The changed tariffs will be applied to the orders submitted not earlier than in one month after the statement of new tariffs.

Calculations for implementation of orders are made in rubles at the course coordinated by competent authorities of member countries of the present Agreement or in hard currency according to the demands which arrived from the third countries. Calculations in hard currency are regulated by the additional protocol to the present Agreement. 

Article 5. 

Materials of application carried out according to present Agreement have to meet requirements of the national legislation of the Kyrgyz Republic

If materials of application is not satisfy to the list of present article of requirement , or  if in them when receiving SRISPE there are no parts of the description, a formula of the invention or the drawings necessary for understanding of essence of the invention, SRISPE sends to Kyrgyzpatent the notice with the indication of the found shortcomings in a month.

If the Kyrgyzpatent  sends the corrected materials or will give sufficient explanations no more than 3 months from the date of the direction of the notice in time, terms of implementation of such order will be estimated from the date of receipt of the last material. In case of non receipt of the specified materials in due time, the order won’t be carried out. Thus Kyrgyzpatent undertakes to refund the expenses SRISPE connected with the beginning of this work.

Article 6. 

Implementation of orders according to the present Agreement provides carrying out patent search for the purpose of the greatest possible identification of an appropriate level (state) of equipment in each demand for the invention which is a subject of the order and meeting requirements of article 5 of the present Agreement, and also carrying out examination if it is stipulated in the order on the basis of an invention formula with due consideration of the description of the invention and drawings (if it is required).

Article 7. 

The patent search carrying out by patent documentation defined by Agreement of patent cooperation. The patent search includes all those fields of technic and carrying out based on  intergovernmental commission which includes materials according to invention.

Article 8. 

Examination is carried out on each independent point of a formula of the invention for the purpose of preliminary and not binding determination of its novelty and compliance to the inventive level (not evidence) for date of registration of the application or if in the order other date (date of a priority) – for this other date in relation to an appropriate level (state) of equipment revealed by patent search, and also industrial applicability is specified.

Article 9. 

SRISPE prepares the report on search in equipment level, and also when it is provided by the order, and the judgment.

In case demand materials, though meet the requirements provided by article 5 of the present Agreement, however, the description of the invention, the formula and drawings don’t allow to carry out full search and/or expertize, in particular, if separate points of a formula aren’t supported with the description of the invention, SRISPE prepares the message on impossibility of carrying out patent search and/or examination on these points of a formula of the invention.

Article 10

Terms for preparation of the report on patent search, judgments or messages on impossibility of carrying out full patent search and examination shouldn’t be more maximum term. This term doesn’t exceed 4 months from the date of receipt of SRISPE of the order or 9 months from the date of a priority, depending on what term expires later or what term is stipulated in the order.

SRISPE provides quality of the carried-out patent search and examination, observance of established periods and confidentiality of the considered demand materials. 

Article 11. 

Present Agreement extend also for application to industrial designs according to national patent law agreeing parties.

 Article  12. 

The present Agreement is concluded for the term of 3 years. After this term the Agreement automatically lasts for the new 3-year period.

Each of the Parties can denounce the Agreement in 6 months prior to the expiration of the next period of validity of the Agreement.

In case of cancellation of the present Agreement, its situation will be applied to the rights and duties following from the orders made during action of the Agreement.

Article13. 

The present Agreement can be changed only with the consent of the Parties. Offers on change can be made by any of the Parties.

It is made in Moscow on September 2, 1993 in duplicate in Russian.

Agreement between the State agency of intellectual property under the Government of the Kyrgyz Republic (Kyrgyzpatent) and Center of international education on industrial property (Strasburg) on collaboration in the field of protection industrial property. ( Data 25.04.1997

of April 25, 1997

 Agreement

 between the State agency of intellectual property

under the Government of the Kyrgyz Republic (Kyrgyzpatent) and

Center of international education on industrial property (Strasburg)

on collaboration in the field of protection industrial property

Article 1.

The Parties implement and develop collaboration preparation of specialists, improve the level of education in the field of protection of industrial designs, encourage and facilitate carrying out actions for exchange of experience, the organization of visits, participation in seminars, conferences, educational processes in the territory and the territory of other Party.

Article 2.

The Parties contributes and enlarges professional and business contacts on exchanging of patent information, done available for introduction and learn for other Part legislation documents, programs of education, instructional and methodological documents in the field of protection industrial property. Article 3.

The present Agreement comes into force from the date it signing.

 Article 4.

The present Agreement is concluded for the term of 3 years After this term the Agreement automatically lasts for the new 3-year period.

Each of the Parties can denounce the Agreement in 6 months prior to the expiration of the next period of validity of the Agreement.

In case of cancellation of the present Agreement, its situation will be applied to the rights and duties following from the orders made during action of the Agreement.

Article 5.

By bilateral agreeing of the Parties the present Agreement is able to adopt amendments and additions.

It’s made of April 25, 1997 in 2 original copies, each of them on Russian, French both of hem are equally authoritative.

Contract Cooperation on general and technical documents between National Institute of Industrial Property of the France (INPI) and Intellectual Property office in the Kyrgyz Republic (Kyrgyzpatent) (Data 03.11.1997)

of April 25, 1997

 Agreement

 between the State agency of intellectual property

under the Government of the Kyrgyz Republic (Kyrgyzpatent) and

Center of international education on industrial property (Strasburg)

on collaboration in the field of protection industrial property

Article 1. 

The Parties implement and develop collaboration preparation of specialists, improve the level of education in the field of protection of industrial designs, encourage and facilitate carrying out actions for exchange of experience, the organization of visits, participation in seminars, conferences, educational processes in the territory and the territory of other Party.

Article 2. 

The Parties contributes and enlarges professional and business contacts on exchanging of patent information, done available for introduction and learn for other Part legislation documents, programs of education, instructional and methodological documents in the field of protection industrial property. Article 3. 

The present Agreement comes into force from the date it signing.

 Article 4. 

The present Agreement is concluded for the term of 3 years After this term the Agreement automatically lasts for the new 3-year period.

Each of the Parties can denounce the Agreement in 6 months prior to the expiration of the next period of validity of the Agreement.

In case of cancellation of the present Agreement, its situation will be applied to the rights and duties following from the orders made during action of the Agreement.

Article 5. 

By bilateral agreeing of the Parties the present Agreement is able to adopt amendments and additions.

It’s made of April 25, 1997 in 2 original copies, each of them on Russian, French both of hem are equally authoritative.

Agreement on issue of regional patent-information product on optical disks CD-ROM between EAPO and patent offices of the countries of Newly Independent States (Data 22.05.2001)

Agreement 

On issue of regional patent-information product on optical disks CD-ROM

Patent offices of states – participants NIS and EAPO – participants of the present further named as parties  in view of the main tendencies of development of patent information support at the present stage,

the principles of transition to electronic media of data for an exchange of patent documents accepted by the World intellectual property organization aspiration of patent departments of countries of the Commonwealth of Independent States to application of electronic media, modern publishing technologies and software for the publication of patent documentation and broad satisfaction of consumers in patent information.

Article1. To define main definitions

For implementation of present Agreement:

«Office» is competitive body of countries of NIS in the field of protection of industrial property or regional patent office, signed present Agreement;

«Interstate council» means Interstate council on questions on protect of industrial property, formed according with Agreement on protect of industrial property and create Interstate council on question on protect industrial property of March 12, 1993.

«Project»  means the project on release of the joint regional patent and information product on the optical disks CD – ROM containing information on security documents for inventions of countries of the Commonwealth of Independent States and the Eurasian patents;

“Coordination council” means the Coordination council of the Project created according to the decision of the eighth meeting of Interstate council for questions of protection of industrial property of November 27-28, 1997; «Coordination of Project» means office which in the period between meetings  of coordination council означает ведомство, которое в период между заседаниями Координационного совета carries out the organizational, administrative and controlling functions on implementation of the Project according to the powers assigned to it by Coordination council;

«Regional CD-ROM» means regional patent informational product on optical disks региональный патентно- информационный продукт на оптических дисках CD-ROM, v

«FIIP» means Federal Institute of industrial property organization subordinated to the Rospatent.

Article 1 Agreementspurposes

Purpose of present Agreement  настоящего Соглашения implementation of the Project on the mutually advantageous and balanced basis is.

Article 2. Subject of Agreement 

1. Regional CD ROM is the collection of official publications of the Parties and is intended for use in national territories of countries of the Commonwealth of Independent States, the international exchange, commercial distribution.

2. Own name CISPATENT is appropriated to regional CD ROM.

3. Regional CD ROM contains information published by the Parties according to the national legislation or the Eurasian patent convention. The structure of information placed in regional CD ROM is defined by each Party independently, proceeding from own policy of the publication of official information on security documents for inventions, but with the agreed principles of structural integrity of a joint patent and information product.

4. the Structure of information placed on a disk include,:

– Bibliography on English, Russian, and national languages;

– report on English, Russian and national languages describe of invention with figures on languages of office publishing

– drawings (if applicable)

5. The format of data is defined by the general requirements of technology of preparation of information for its inclusion in regional CD ROM given in the Appendix 1.

6. Production of regional CD ROM is carried out on the basis of the developed FIIS of technology of preparation of information in the mixed format with use of system the MIMOSA which adaptation is carried out with assistance of the European Patent Department (EPО).

7. Regional CD ROM has the user interface in the Russian and English languages with granting opportunities of carrying out search on bibliographic given, to names and papers of inventions in two languages.

8. Release of regional CD ROM is made monthly (12 releases a year)

.Article 4. Organization of works on implementation of the Project

1  All decisions concerning the fundamental questions connected with release of regional CD ROM, allocation of costs, a pricing policy, distribution and an exchange are accepted by the Parties jointly on the basis of consensus.

2. Control of the Project is exercised the Coordination council of the Project consisting of authorized representatives of the Parties and acting under the Provision on Coordination council.

3. Functions of the Project coordinator according to the decision of the eighth meeting of Interstate council for questions of protection of industrial property of November 27-28, 1997 are assigned to Rospatent.

4. FIIS is defined by the operator of the Project.

5. The parties take individual share in financing of the Project according to the principles of economic interaction given in the Appendix 2.

6. Starting date of providing information is defined by each Party independently and is fixed when signing the Agreement in the separate Protocol which is an integral part of the present Agreement. The beginning of release of regional CD ROM is defined by the term of providing the information by the first five departments from among signed the present Agreement.

7. Any questions concerning of including of the regional CD ROM to international exchange is decide Coordination council. International exchange of the regional CD ROM  CD-ROM it is carried out centrally interests of all participants of the present Agreement. Negotiating on behalf of all Parties is carried out, as a rule, by the Project coordinator and/or other Department in coordination with the Project coordinator.

Article 5. Economic principles of interactions of Parties.

1. Each Party independently incurs expenses on preparation and transfer to the Operator of a totality provided by it for regional CD ROM of information on item 4 of Article 3 in the coordinated format.

2. Each Party for internal use receives the quantity of annual sets of regional CDs ordered by it – ROM at the price determined by the cost of production of a premastering, the master of a disk, mass factory production and a postage.

3. Each Party can do the order for the quantity of sets of regional CD ROM which is in advance determined by it for their subsequent commercial distribution.

4. The commercial realization of disks is enabled by implementation of orders of individual consumers on the basis of a subscription and/or wholesale to distributors.

5. The coordination council annually, after representation by the Coordinator of the project of the corresponding calculations, approves the general circulation including quantity of disks for internal use and for commercial realization, defines pricing strategy, quotes the coordinated wholesale purchase prices for commercial realization of regional CDs – ROM in the territory of the region of countries of the Commonwealth of Independent States and beyond its limits and minimum prices for the corresponding sales.

6. The receipts received from wholesale of regional CD ROM minus costs of their production and distribution are distributed in proportion to annual number of the documents published by the Parties.

7. The coordination council has the right to make changes and/or specifications to the principles of economic interaction of the Parties.

Article 6. Obligations of Parties 

1. The parties regularly provide to the Operator for inclusion in regional CD ROM information on item 4 of Article 3 of the present Agreement in the coordinated format determined by the Appendix 1.

2. The concrete structure of data and feature of filling of fields for each Party are defined on the basis of the two-way deal between the Operator and the relevant Party and are fixed in writing.

3. The parties bear full responsibility for reliability, quality and completeness of information provided by them.

4. The parties in due time, honestly and in full fulfill the assumed liabilities on providing information in regional CD ROM.

5. Frequency of providing information in regional CD ROM is established by each Party independently, proceeding from total of the security documents for inventions intended to the publication in the current year, the relevant legislation and the principles of uniformity of providing information.

6 Each Party prior to release of the first regional CD ROM of an annual set in writing reports in a month to the Operator about frequency of providing the information in regional CD ROM in the current year,

7. In case of detection of defects in information provided by the Parties, the Parties take all measures to their fastest elimination and the direction to the modified information to the Operator in terms and as it should be, established by the technological plan – the schedule of production of regional CD ROM.

8. The parties define necessary for them for internal use (including the international exchange) quantity of sets of regional CD ROM, and also quantity of sets for commercial realization, and transfer the specified data in the form of the order to the Operator to the terms determined by the technological plan – the schedule of production of regional CD ROM.

9. The subscription and/or advertizing campaign can be carried out by each Party individually at the indispensable notification of the Operator of its results in the terms established by the technological plan – the schedule of production of regional CD ROM.

Article 7. Obligations of the Project coordinator and Operator

1. The project coordinator bears responsibility for activity of the Operator of the Project, preparation of the integrated disk, quality, completeness and timeliness of release of the final product, exercises control of distribution of circulation and of the accounting of distribution of means from implementation of orders of the Parties and distributors.

2. The project coordinator is responsible for preparation of reporting and financial documentation on the Project and its timely representation for consideration and the statement on Coordination council.

3. The project coordinator is responsible for communication and interaction of the Parties during implementation of the Project.

4. The operator annually, in the terms established by Coordination council makes the technological plan – the schedule of production of regional CD ROM and provides it to the Project coordinator for coordination with the Parties and the statement on Coordination council.

5. The operator keeps account of number of the documents of the Parties which arrived on the publication, exercises control of terms of providing information, makes information processing, formal and logical control, provides loading of summary information in the MIMOSA database, the master creates a disk for a mass production, carries out the order for production of circulation of regional CD ROM.

6. The operator forms the general annual circulation on the basis of demands of the Parties and distributors, makes calculation of costs of production and calculation of prime cost of annual circulation of the edition, makes calculation of the price for internal use of regional CD ROM and wholesale purchase price for commercial realization, makes out bills to the Parties and distributors according to advanced orders, keeps the centralized account of receipt of funds from implementation of orders of the Parties and distributors.

7. The operator, by results of payment by the Parties of the ordered CD ROM sets, carries out payment for work on production of a premastering and the master of a disk, and also factory mass production and provides sending regional CDs – ROM to the Parties.

Article 8. Rights of the Parties

1. The right for copying, replication, full unloading of regional CD ROM is provided by the decision of Coordination council.

2. Each Party has the right to make independently the decision on providing the right of unloading of own information from regional CD ROM to the third party.

3. The parties have the right to make changes to structure of information provided by them in regional CD ROM at the obligatory notification of it of Coordination council and the Operator no later than in 1 month prior to providing the changed information.

Article 9. Settlement of disagreements

1. The disagreements arising in connection with interpretation or – application of provisions of the present Agreement, are allowed by consultations and negotiations.

2. Disagreements are submitted for consideration of Coordination council, and in case of impossibility to find the solution arranging everything the Parties, on representation of Coordination council for consideration of Interstate council which decision concerning change of an order and conditions of release of regional CD ROM, and also complete cessation of its release is final.

3. All property obligations of the Parties arising in connection with the activities for the present Agreement which is carried out in the territory of the Russian Federation are defined according to the Russian legislation. All disputes arising in connection with the present Agreement – are transferred to the International commercial arbitration court at Chamber of Commerce and Industry of the Russian Federation according to its Regulations.

Article 10. Change of the Agreement

After representation of Coordination council and by common consent the Parties changes and additions which are made out by the protocol, being an integral part of the present Agreement can be made to the present Agreement.

Article 11. Coming into effect and validity period

1. Present Agreement come into force from the date of it sign.

The present Agreement works within three years. After this term the Agreement automatically lasts every time for the three-year period if the Parties don’t make other decision.

3. Depositary under the present Agreement is Rospatent.

Article 12. Accession

1. After coming into effect the present Agreement is opened for accession of any patent Department sharing its principles and the purposes. For such patent Department the present Agreement comes into force from date of delivery on storage to depositary of the document on accession.

2. Accession to the present Agreement of departments of the states which aren’t entering the Commonwealth of Independent States requires consent of all Parties.

Article 13. The termination, stay of action and exit from the Agreement

1. Each Party can leave the present Agreement. For such Party the present Agreement stops the action on December 31 calendar year if till July 1 of the same year it directs the written notice, about it to depositary and will settle the financial and other obligations which arose during its participation in the present Agreement.

2. The depositary immediately notifies Coordination council on intention of the Party to leave the present Agreement.

Article 14. Other international contracts

Provisions, the present Agreement don’t affect the obligations accepted by the Parties according to other international treaties and don’t limit the right of the Parties for participation in any other bilateral and multilateral forms of interdepartmental cooperation.

Article 15. Working language

For implementation of cooperation within the present Agreement a working language is Russian.

Article 16. Status of appendices

The appendix 1 “Requirements to preparation of information for its inclusion in regional CD ROM”, the Appendix 2 “The basic principles of economic interaction of Departments” and the Protocol on starting date of granting on a regular basis of information of the Parties make integral part of Agreement It is made in Moscow on May 22, 2001 in one original copy in Russian, the original copy is stored in Rospatent which will send to each Department which signed the present Agreement, its certified copy.

The cooperation agreement in the sphere of protection of intellectual property between the State agency on science and intellectual property at the Government of the Kyrgyz Republic (Kyrgyzpatent) and Representation of the International federation of producers of soundtracks across Russia and the CIS countries (IFPI) ( Data 18.06.2001)

The cooperation agreement in the sphere of protection of intellectual property between the State agency on science and intellectual property at the Government of the Kyrgyz Republic (Kyrgyzpatent) and Representation of the International federation of producers of soundtracks across Russia and the CIS countries (IFPI)

 

July 18, 2001 

Considering the high piracies level (illegal use of objects of copyright and related rights) in the territory of the Kyrgyz Republic,

In view of lack of full-scale customs control between a number of the CIS countries,

Aiming at further development of the legislation in this area and expansion of participation in the relevant international agreements,

Proceeding from need of rendering the necessary help and mutual assistance, and also exchange of information.

Based on provisions of the Agreement of the CIS countries on cooperation in protection of copyright and allied rights, and also other documents of the Commonwealth aimed at harmonization of the national legislation of the CIS countries

The state agency at the Government of the Kyrgyz Republic (further called “Kyrgyzpatent”) and Representation of the International Federation of Producers of Soundtracks across Russia and the CIS countries in Moscow (further the called “Representation of IFPI”) agreed upon science and intellectual property as follows:

1. Field of cooperation

1.1. The parties defined the following priority spheres of cooperation: legislation, joint actions for protection of objects of copyright and allied rights, exchange of information, assistance to development of the civilized musical market, holding seminars, symposiums and other actions.

1.2. The parties take necessary measures for association of efforts in the specified spheres of cooperation directly by carrying out the general actions, mutual business trips of employees, and also through the relevant state and public organizations in the Kyrgyz Republic.

1.3. Cooperation of the parties is based taking into account activity of the relevant international government and non-governmental organizations.

2. Cooperation in field of legislation

1.1. The Parties defined the following priority spheres of cooperation: legislation, joint actions for protection of objects of copyright and related rights, exchange of information, assistance to development of the civilized musical market, holding seminars, symposiums and other actions.

1.2. The Parties take necessary measures for association of efforts in the specified spheres of cooperation directly by carrying out the general actions, mutual business trips of employees, and also through the relevant state and public organizations in the Kyrgyz Republic.

1.3. Cooperation of the parties is based taking into account activity of the relevant international government and non-governmental organizations.

2.3. The Parties express readiness of assistance to development of the relevant bilateral documents within the CIS, in particular, on development of the model law CIS on protection of copyright and related rights.

2.4. The representation of IFPI provides granting the materials concerning standardization of the legislation of the Council of Europe, application and interpretation of the relevant international conventions, the national legislation of the certain countries, recommendations of the international government and non-governmental organizations.

2.5. The representation of IFPI by Kyrgyzpatent’s inquiries provides carrying out necessary consultations concerning the legislation both for Kyrgyzpatent’s employees, and for other state and public organizations.

3. Cooperation in field of protection of copyright and related rights.

3.1. The parties undertake to promote activities of competent authorities for fight against illegal use of objects of copyright and allied rights, to render them necessary consulting and other assistance.

3.2. The representation of IFPI undertakes to provide Kyrgyzpatent and other interested state and public organizations at the request of Kyrgyzpatent the materials and documents connected with the international and national experience of other countries in this area.

3.3 Representation of IFPI by Kyrgyzpatent’s inquiries renders assistance in identification of counterfeit music storage devices, definition of owners and other questions.

3.4 Kyrgyzpatent provides to Representation of IFPI information on a situation with violations of copyright and related rights in the Kyrgyz Republic.

3.5. The parties are developed and coordinate an order of issue of licenses for a mechanical recording to interfere with illegal replication of musical production.

4. Cooperation in creation of the civilized musical market

4.1. The parties make necessary efforts on development of the legal musical market by assistance in establishment of business contacts between firms – producers of musical production.

4.2. Kyrgyzpatent promotes adjustment of contacts between Representation of IFPI and the Kyrgyz companies – producers of musical production, including, for the purpose of their subsequent introduction in IFPI.

4.3. The parties render assistance in creation and formation in the Kyrgyz Republic of Association of producers of soundtracks and to active participation of this organization in performance of the purposes and tasks of the present Agreement.

4.4. The parties carry out mutual exchange of information about development of the musical market and inclusion of data on the musical market of the Kyrgyz Republic in information publications and statistics of IFPI.

4.5. The parties render assistance in formation of system of collective management of the rights of producers of soundtracks in the Kyrgyz Republic.

5. Holding seminars, symposiums and other actions

5.1. The parties inform each other on the planned actions for the questions falling within the scope of the present Agreement and promote mutual participation of representatives of Kyrgyzpatent and Representation of IFPI in such actions.

5.2. The parties will organize joint actions for performance of conditions of the present Agreement.

5.3. By Kyrgyzpatent Predstavitelstvo’s inquiries of IFPI renders assistance in participation of employees of Kyrgyzpatent and other state and public organizations in the events held by Representation of IFPI.

5.4. Together with Kyrgyzpatent Predstavitelstvo IFPI plans the organization of seminars for firms – producers of soundtracks from the Kyrgyz Republic.

6. Conclusion provisions

6.1. The present Agreement comes into force from the date of signing and works within two years. The agreement automatically lasts the next two years if any of the parties didn’t declare its termination according to point 6.2 of the present Agreement.

6.2. Each of the parties can stop the participation in the Agreement by the direction of the formal written notice to other party of the intention to leave the Agreement in six months.

6.3. The present Agreement is signed on June 18, 2001 in duplicate, on one for each of the Parties.

The Agreement on use of the Eurasian patent and information system between the Eurasian patent department of the Eurasian patent organization and the State agency on science and IP at the Government of the Kyrgyz Republic (Data 06.10.2003)

The Agreement on use of the Eurasian patent and information system between the Eurasian patent department of the Eurasian patent organization and the State agency on science and IP at the Government of the Kyrgyz Republic

The Eurasian patent department of the Eurasian patent organization (further – EAPO) and the State agency on science and intellectual property at the Government of the Kyrgyz Republic, the “Parties” called further, in view of that the rights for the Eurasian patent and information system belong to EAP, concluded the present Agreement as follows:

Article 1

EAPO as assistance will provide:

– through the website a free access to the State agency on science and intellectual property at the Government of the Kyrgyz Republic (further – Kyrgyzpatent) to the Eurasian patent and information system (further – EAPATIS) for what passwords, install CD ROM and instructions on installation and use of system will be provided to it for search of patent documentation;

– maintenance and technical support of functioning of EAPATIS, will render consulting and methodical services to Kyrgyzpatent’s specialists in use of EAPATIS.

Article 2

Kyrgyzpatent will provide:

– to use EAPATIS only for needs of the department when carrying out patent searches,

– not to use EAPATIS for commercial purposes and not to extend it outside department,

– not to provide access to system of EAPATIS to the third parties,

– quickly to notify EAPO on the arising problems of use of EAPATIS.

Article 3

The Parties will carry out the further cooperation directed on:

– development of regional Eurasian patent and information system,

– studying of questions of use in EAPATIS of national patent documentation and ability to integrate the national automated systems of office-work according to demands with system of EAPATIS,

– development and improvement of EAPATIS.

Article 4

The present Agreement works within 5 years from the date of its coming into effect. After this term the Agreement automatically lasts every time for the five-year period if the Parties don’t make other decision.

Article 6

Each Party has the right to terminate the present Agreement with the preliminary notice of other Party in 6 months prior to cancellation of the Agreement.

It is made in Moscow in duplicate, in Russian, in one copy for each of the Parties.

Agreement on the cooperation between the National Board of Patent and Registration of Finland and the State Agency of Science and Intellectual Property under the Government of the Kyrgyz Republic. (Data 30.12.2003)

Agreement on the cooperation between the National Board of Patent and Registration of Finland  and the State Agency of Science and  Intellectual Property under the Government of the Kyrgyz Republic.

The National Board of Patents and Registration and the State Agency of Science and Intellectual Property under the Government of the KR (hereinafter referred to as “the Parties),

Taking into account the good relations between the Parties,

Being aware of the importance and necessity of ensuring legal protection in the field of industrial property,

Recognizing the advantage of ,bilateral cooperation therefore desiring to strengthening this activity in the area of industrial property protection,

Considering the great importance of the exchange of information relating to the protection of industrial property between the Parties,

Have agreed on the following:

Article 1

The Parties shall keep each other mutually informed of the legislative developments in the field of protection and promotion of industrial property as well as of changes in the organization of their offices.

Article 2

The Parties shall send each other, continuously and free charge, specifications of patents granted in their respective countries. The Parties shall also extend their cooperation as regards the exchange of official industrial property publications. The Parties shall in particular pursue continuously and free charge the mutual sending of their official publications, mainly their papers, official bulletins of industrial property and their annual reports.

Article 3

The arties shall carry out the cooperation in followings forms:

Exchange of experience in field of interest;

Organization of common seminars, conferences and working meeting;

Training of specialists and experts, their professional development.

Article 4

Correspondence shall be carried out in English.

Article 5

This Agreement is effective for 5 years.It will be prolonged automatically for further 5 years at a time unless their of the Parties within 6 month prior to the expiry of the Agreement gives a written notice to the other Party to terminate the Agreement.

Article 6

This Agreement shall enter into force on the date when it has been signed by both of the Parties. The Agreement is signed in four authentic copies in Kyrgyz, Finnish, English and Russian all these texts are valid

Article 7

This Agreement can be completed or amended by common agreement of the Parties.

AGREEMENT on the cooperation between the State Patent Service of the Kyrgyz Republic and the Hungarian Patent Office (Data 15.01.2008)

AGREEMENT

on the cooperation between the State Patent Service of the Kyrgyz Republic and the Hungarian Patent Office

The State Patent Service of the Kyrgyz Republic and the Hungarian Patent Office hereinafter referred as “Parties”,

taking into consideration existing friendly relations between the two States, developing mutually beneficial contacts between Parties for providing of effective protection of intellectual property rights on world standards,

recognizing the importance of bilateral cooperation and aspiring to interests’ observance of intellectual property protection system users on a large scale,

realizing that the necessary condition of this cooperation development is the effective and adequate protection of intellectual property rights,

have agreed on the following:

Article 1

Cooperation in the field of intellectual property (IP) between the Parties shall be the object of the present Agreement.

Parties shall inform each other on their legislative amendments in the field of IP protection as well as on organizational changes in their Offices.

Article 2

The Parties shall realize and develop cooperation in the field of IP protection on the basis of mutual benefit and equality in accordance with the present Agreement and other international treaties in which they participate.

The cooperation between Parties shall be aimed at:

discussing issues connected with the protection and enforcement of IP

rights;

exchanging information, normative and other documents, as well as

experience and specialists in the field of IP protection;

organizing joint trainings of specialists and experts;

arranging of joint conferences, seminars and work meetings;

without prejudice to their existing obligations in those frameworks,

cooperating in the World Intellectual Property Organization (WIPO),

with special regard to the operation and development of the Patent

Cooperation Treaty (PCT) and the World Trade Organization (WTO);

providing various IP services (e.g. patent or trade mark searches upon

request) to interested parties;

other forms of cooperation, which shall be mutually coordinated.

Article 3

Each Party shall bear its own costs that shall arise from the execution of this Agreement.

Article 4

The present Agreement may be amended and added b as mutually agreed in writing by Protocols, which shall be concurrent part of this Agreement.

Article 5

This Agreement shall enter into effect since the date of its signing and shall be effective during five years.

It will be prolonged automatically each time for further five years unless one of the Parties sends a written notification not less than three (3) months prior to expiry of its validity to another Party concerning its intention to discontinue this Agreement

AGREEMENT on the cooperation between the State Patent Service of the Kyrgyz Republic and the Turkish Patent Institute (Data 12.02.2008)

AGREEMENT

on the cooperation between the State Patent Service of the Kyrgyz Republic

and the Turkish Patent Institute

The State Patent Service of the Kyrgyz Republic (Kyrgyzpatent) and the Turkish Patent Institute (TPI) (hereinafter referred as “Parties”),

Taking into consideration existing friendly relations between the States, aiming to strengthen these relations for providing of effective protection of intellectual property rights on world standards,

Recognizing the importance of bilateral cooperation and aspiring to interests of intellectual property protection system users on a large scale,

Realizing that the necessary condition of this cooperation development is the effective and adequate protection of intellectual property rights,

have agreed on the following:

Article 1

Parties shall inform each other on the development of a legal base in the field of protection and promotion of Industrial Property as well as organizational changes in their offices.

The present Agreement identifies the notion “Industrial Property” by the Article 1 of the Paris Convention on Industrial Property Protection of March 20, 1883, revised in Stockholm on July 14, 1967 with alterations of September 28, 1979.

Article 2

The Parties shall realize and develop cooperation in the field of IP protection on the basis of mutual benefit and equality in accordance with the present Agreement and other international treaties in which they participate.

The cooperation between Parties shall be aimed at:

regulation of issues connected with protection and enforcement of rights to industrial property and subject matters; Harmonization of Parties’ national legislations in the field of industrial property protection;

Exchange of information, documentation, experience, and specialists in

the field of industrial property protection,

Arranging of joint conferences, training programs, seminars, and work

meetings;

Cooperation between Parties in the framework of matters discussed in

the World Intellectual Property Organization (WIPO) and the World

Trade Organization (WTO);

Other forms of cooperation, which shall be mutually coordinated.

Article 3

Based on mutual understanding, the Offices shall cover every expenses on activities realized in the territory of their own Countries in accordance with the present Agreement.

Expenses for allowances shall be covered by the following manner:

host Party shall cover transport charges and accommodation in the receiving Country,

every Party shall pay their own air ticket cost.

Article 4

After the present Agreement’s entering into effect, the Parties shall exchange the following publications regularly and without any charge:

Official Bulletin;

Annual Report;

other publications in the field of industrial property in English.

Article 5

With the purpose of realization of the present Agreement’s provisions, the Monitoring Committee shall be established composed of both Offices’ representatives. The Monitoring Committee shall meet at the request of any Office’s Director. Directors of Offices shall mutually take decisions on date, place and agenda of the Committee Meeting.

Article 6

This Agreement may be added or amended as mutually agreed in writing by protocols, which shall be concurrent parts of the present Agreement.

Article 7

This agreement shall enter into effect after the date of its signing and shall be effective for five (5) years.

This Agreement will be prolonged automatically each time for further five (5) years unless one of the Parties sends a written notification not less than three (3) months prior to expiry of its validity to another Party concerning its intention to discontinue a validity of this Agreement.

Done in Ankara on February 12, 2008 in two original copies in English.

AGREEMENT on the cooperation between the State Patent Service of the Kyrgyz Republic and the Austrian Patent Office (Data 24.11.2009)

AGREEMENT

on the cooperation between the State Patent Service

of the Kyrgyz Republic and

the Austrian Patent Office

The State Patent Service of the Kyrgyz Republic and the Austrian Patent Office herein referred as „Parties”,

taking into consideration friendly relations between the two States and mutually beneficial contacts between Parties for providing of effective protection of intellectual property rights in accordance with national legislations and international treaties by which they are bound,

recognizing the importance of bilateral cooperation and aspiring to interests’ observance of intellectual property owners’ rights1,

realising that the necessary condition of this cooperation development is the effective and adequate protection of intellectual property rights,

have agreed on the following:

Article 1

Development end enforcement of cooperation in the field of Intellectual Property (IP) between Parties shall be the object of the present Agreement; Parties shall inform each other on the legal base amendments in the field of IP protection as well as on organisational changes in their Offices.

Article 2

Parties shall realize and develop cooperation in the field of Intellectual Property rights protection based on mutual benefit and equality in accordance with the present Agreement and other international treaties in which they participate.

The cooperation between Parties shall be aimed at:

– discussions of issues connected with protection and enforcement of rights for IP subject matters;

 Authors’ rights are administered by the Federal Ministry of Justice the Austrian Patent Office has no competence in this field of IP.

exchange of information concerning the State legislation of Parties on Intellectual Property protection as well as of official publications on Intellectual Property, exchange of experience and specialists in the field of Intellectual Property protection;

organization of joint trainings of specialists, experts and their skills arising;

arranging of joint conferences, seminars and work meetings;

without detriment to existing liabilities the Parties shall execute cooperation in the framework of the World Intellectual Property Organization (WIPO), emphasizing the PCT activity and development2;

other forms of cooperation which shall be mutually coordinated.

All forms of cooperation shall be subject to financial and personnel resources.

Article 3

All communication concerning the implementation of this Agreement shall be performed in English.

Article 4

Each Party shall bear its own costs that shall arise from the execution of this Agreement.

Article 5

The present Agreement may be amended and added as mutually agreed writing by Protocol which shall be a concurrent (complementally, supplemental) part of this Agreement and effective in accordance with the Article 6 of this Agreement.

Article 6

This Agreement becomes effective from the date of its signing and shall be in force for five (5) years. It will be prolonged automatically for another five (5) years unless one of the Parties submits a written notification of termination to the other Party not later than three (3) months prior to the expiry of the Agreement.

In case of misunderstanding of any provision of the present Agreement the Parties shall be guided by English.

Service Level Agreement between the State Service of Intellectual Property of the Kyrgyz Republic and the World Intellectual Property Organization (Data 24.09.2010)

 Service Level Agreement between the State Service of Intellectual Property of the Kyrgyz Republic and the World Intellectual Property Organization 

Introduction

This Service Level Agreement (SLA) is drawn up between the

State Intellectual Property Service of the Kyrgyz Republic (“hereinafter referred to as “Kyrgyzpatent”)

62, Moskovskaya Street, Bishkek City 720021, Kyrgyzstan and the

World Intellectual Property Organization (WIPO)

34, chemin des Colombettes, 1211 Geneva 20, Switzerland

with regard to establishing and supporting Technology and Innovation Support Centers (TISCs) in Kyrgyzstan.

Purpose

In particular, this SLA clarifies and determines the roles and responsibilities of Kyrgyzpatent and WIPO with respect to providing TISC services and describes their respective contributions to the provision of these services.

Project document related to the establishment and development of TISCs and corresponding TISC Network

Launching and developing TISCs and a corresponding network over a specific period will be carried out according to a project entitled “Establishment of a Technology and Innovation ./. Support Centers in Kyrgyzstan annexed to this SLA.

The Project Document includes:

Project objectives and agreed timetable;

Implementation methodology, activities, expected results and indicators;

Monitoring and evaluation to show progress, highlight any difficulties and make recommendations. At the end of the 24 month period, an evaluation report will validate whether the expected results have been achieved, indicating howto resolve any outstanding differences with expected results, how with the gained experience from the project services could be improved, how to promote best practices and indicate how best to maintain the sustainability of the project.

2.

Service Level Agreement – State Intellectual Property Service of the Kyrgyz Republic

(Kyrgyzpatent), Bishkek City – September 24, 2010

Kyrgyzpatent

The contribution of Kyrgyzpatent shall be the following:

Location:

A TISC will be located at the premises of the State Intellectual Property Fund which will act as a central point within a TISC network in Kyrgyzstan;

A network of TISCs will be established in institutions recognized by Kyrgyzpatent institutions so to extend national capacity and infrastructure in the field of intellectual property (IP). The network will be coordinated by State Intellectual Property Fund on behalf of Kyrgyzpatent.

Physical and technical facilities:

Each TISC should be suitably housed in an appropriate room or space provided within the recognized institution (network TISC).

The TISC should be provided with adequate and sufficient PCs for visitors; internet connection, printers, etc.

The TISC should be sufficiently staffed to ensure the day-to-day management and operation of the center, including the explanation to visitors of the main patent and non-patent search services available on the internet and the basic functions of those services.

Services:

Services provided by the Technology and Innovation Support Centers will be developed in a modular approach with an initial basic level (points i and ii below) and thereafter built up according to local user needs and include some or all of the following:

Initial basic level services:

Assistance in searching technical information using free and/or commercial patent databases;

Assistance in searching technical information using free and/or commercial scientific and technical journal (non-patent) databases.

Optional services:
iii)Training in searching databases, e.g. PATENTSCOPE®, for local users, such as SMEs, universities, etc;
 

 

iv)

Technology and competitor monitoring;
v)Search for business partners and essential know-how;
Vi)Market and competitor analyses;
vii)Provision of general information on IP valuation;
viii)Provision of general information on IP laws;
ix)Provision of general information on IP strategies – information on filing patents, trademarks, etc. (when, where, what, how much, etc.);

 3.

Service Level Agreement – State Intellectual Property Service of the Kyrgyz Republic

(Kyrgyzpatent), Bishkek City – September 24, 2010

Indicating where to seek advice from IP professionals/attorneys on drafting national and/or international applications;

Basic advice on licensing;

Basic advice on business plans;

Basic advice on IP aspects of product commercialization;

Basic advice on raising funds, e.g. government funding.

WIPO Contribution

The contribution of WIPO shall be the following provisions in accordance with overall implementation plans of the Technology and Innovation Support Centers (TISCs) within the framework of the Committee on Development and Intellectual Property (CDIP):

Training

WIPO training events will be organized and made available either:

Locally;

Regionally;

At WIPO in Geneva; or

Through e-learning modules and/or tutorials.

Information materials

WIPO will provide, upon request from the TISCs, any information material regarding IPRs and patent information produced by or available at WIPO.

Database access support

In order to provide the necessary technology database resources for carrying out effective searches by the TISCs, WIPO will assist Kyrgyzpatent in obtaining low-cost access to commercial and scientific databases.

Monitoring and consultations

WIPO will monitor the work of the TISC implementation plan and provide assistance upon request to conduct further training and/or consultations on issues raised by Kyrgyzpatent regarding the TISCs.

Awareness raising events

In order to publicize and promote the establishment and existence of the TISCs, WIPO will assist in the coordination of awareness raising events in Kyrgyzstan.

Regional coordination

WIPO will coordinate a regional Technology and Innovation Support Center (TISC) network within the Commonwealth of Independent States (CIS) region, comprising the Kyrgyz national TISC network.

4.

Service Level Agreement – State Intellectual Property Service of the Kyrgyz Republic

(Kyrgyzpatent), Bishkek City – September 24, 2010

Fees

Services provided by the TISC will, in general, be free of charge. However, any expenses incurred by TISCs, e.g. printing documents, using subscription based commercial databases, etc., may be passed on to the user as decided by the TISC.

Duration of the SLA

The SLA will remain in force for two years, unless written notice is given by either party to terminate the SLA earlier. Otherwise, the conditions referred to in the original SLA are automatically renewed after two years or until one of the two parties withdraws.

Review of the SLA

The SLA will be reviewed every two years, prior to its renewal, from the date of entering into force of the current SLA and amended if necessary with the agreement of both parties.

Contact Points

Both the Kyrgyzpatent and WIPO have nominated contact points in order to expedite any matter referred to in this SLA.

The contact person for Kyrgyzpatent is:

Ms. Zarina Omorova

Executive Director

State Intellectual Property Fund

under the State Intellectual Property Service of the Kyrgyz Republic 62, Moskovskaya Street,

720021 Bishkek City, Kyrgyzstan Phone: +996 312 681965 Fax: +996 312 681734 e-mail:

zarina.omor@patent.kg

The contact person for WIPO is:

Mr. Andrew Czajkowski Head

Innovation and Technology Support Section World Intellectual Property Organization Phone: +41 22 338 7074 Fax: +41 22 338 8130 e-mail: andrew.czajkowski@wipo.int

Dispute settlement

The Parties agree to use their best efforts to resolve any dispute, which may arise under or in connection with this Agreement and its Annexes, through amicably and good faith negotiations.

Service Level Agreement – State Intellectual Property Service of the Kyrgyz Republic

(Kyrgyzpatent), Bishkek City – September 24, 2010

Privileges and immunities

Nothing in or relating to this Agreement shall be deemed a waiver of any of the privileges and immunities of WIPO in conformity with the Convention on the Privileges and Immunities of the Specialized Agencies approved by the General Assembly of the United Nations on November 21, 1947, and with the provisions of the Agreement between the Swiss Federal Council and WIPO to determine the Organization’s juridical status in Switzerland of December 9, 1970, and of the Implementation Arrangement of the same date related thereto

The Cooperation Agreement between the State Service of Intellectual Property of the Kyrgyz Republic and Public administration on intellectual property of People's Republic of China in the field of intellectual property (Data 14.09.2011)

The Cooperation Agreement between the State  Service of Intellectual Property of the Kyrgyz Republic and Public administration on intellectual property of People’s Republic of China in the field of intellectual property

Article 1

For the present Agreement “intellectual property” is understood in the value specified in article 2 of the Convention establishing the World Intellectual Property Organization, signed in Stockholm on July 14, 1967.

Article 2

The purpose of this Agreement is cooperation in intellectual property between the Parties. The parties will carry out and develop cooperation in protection of intellectual property on the basis of mutual benefit and equality according to the present Agreement and other international treaties, which participants they are or will be.

Cooperation of the Parties will be directed on:

 discussion of the questions connected with protection and use of the rights for objects of intellectual property;

 exchange of information, by the legislation of the states of the Parties, concerning protection of intellectual property, and also official publications on intellectual property, and also experience and experts in the field of protection of intellectual property;

 organization of joint training of experts and experts;

 Public administration on intellectual property of People’s Republic of China organizes for employees of Public service of intellectual property of the Kyrgyz Republic short-term • advanced training courses in the field of patent examination, practice of the patent legislation, services of patent information and others.

 organization joint conferences, seminars and working meetings;

 implementation of cooperation within the World intellectual property organization and the World Trade Organization without damage of the existing obligations, paying special attention to activity and developments of the Contract on patent cooperation;

 other mutually coordinated forms of cooperation.

Article 3

Within this Agreement, the Party on a mutual consent will be

to sign annual plans for cooperation.

Article 4

Except expenses of the short-term courses of increase of qualifications connected with the organization conducted by Public administration on intellectual property of People’s Republic of China for employees of Public service of intellectual property of the Kyrgyz Republic, each Party independently incurs the expenses connected with implementation of the present Agreement.

Public administration on intellectual property of People’s Republic of China incurs expenses the increases of qualifications connected with the organization of short-term courses according to the present Agreement in the territory of People’s Republic of China.

Article 5

All disputes and disagreements on implementation of the present Agreement will be allowed by consultations and negotiations between the Parties.

Article 6

By a mutual consent of the Parties changes and additions which are made out by the separate protocols which are an integral part of the present Agreement can be made to the present Agreement.

Article 7

The present Agreement comes into effect from the date of its signing and works within five years. Its action will automatically last for the next five-year period if any of the Parties not less than in three months prior to the expiration of the corresponding period doesn’t notify in writing other Party on the intention to terminate the present Agreement.

It is made in the city of Dalian on September “14”, 2011, in two original copies, everyone in the Kyrgyz, Chinese and Russian languages, and all texts are equally authoritative.

In case of disagreements in interpretation the provision of the present Agreement of the Party will be guided by the text in Russian.

The agreement on providing access to the Eurasian patent-information system to public libraries and leading HIGHER EDUCATION INSTITUTIONS of the Kyrgyz Republic between the Eurasian patent department of the Eurasian patent organization and the State Service of Intellectual Property under the Government of the Kyrgyz Republic (Data 17.11.2011)

The agreement on providing access to the Eurasian patent-information system to public libraries and leading HIGHER EDUCATION INSTITUTIONS of the Kyrgyz Republic between the Eurasian patent department of the Eurasian patent organization and the State Service of Intellectual Property under the Government of the Kyrgyz Republic

The Eurasian patent department of the Eurasian patent organization (further –  EAPO) and the State  Service of Intellectual Property under the Government of the Kyrgyz Republic, the “Parties” called further, according to the solution of the twenty fourth (the seventh extraordinary) meetings of Administrative council of EAPO concluded the present Agreement as follows:

Article 1

EAPO for development of national patent system, scientific research and innovative activity in the Kyrgyz Republic:

– will provide to public libraries and the leading HIGHER EDUCATION INSTITUTIONS of the Kyrgyz Republic (further – to the Organizations) according to officially presented list a free access to Eurasian patent and information system (further – EAPATIS);

– will render consulting and methodical services to experts of Public service of intellectual property at the government of the Kyrgyz Republic on effective use of EAPATIS when carrying out patent searches;

– will provide maintenance and technical support of functioning of EAPATIS.

Article  2

For realization of the functions specified in article 1 of the present Agreement, EAPO will provide to the State Service of Intellectual Property under the Government of the Kyrgyz Republic unique identification data for an entrance to EAPATIS (a user name and the password) for each Organization, and also the instruction, reference and methodical materials on work with system when carrying out patent searches presented in electronic form.

Article 3

The State Service of Intellectual Property under the Government of the KR is provide:

– to provide the organization and carrying out a preparatory work on connection of the Organizations to EAPATIS connected with collecting registration information (the name of Organizations, requisites, the Internet – addresses of the Organization, the contact person);

– to provide registration information in  EAPO;

– to provide advisory and methodical and information support of use EAPATIS in the Organizations;

– to exercise control of access to EAPATIS by users of the Organizations;

– not to use EAPATIS for commercial purposes and not to extend it outside the Organizations;

– quickly to notify EAPO on the arisen problems of use of EAPATIS.

Article 4

The Parties will carry out the further cooperation directed on:

– development and improvement of EAPATIS;

– studying of questions of expansion of access to patent information resources of the Eurasian patent information space and use of EAPATIS in the other public libraries and HIGHER EDUCATION INSTITUTIONS of the Kyrgyz Republic;

– extension of national patent documentation of the Kyrgyz Republic as a part of EAPATIS.

Article 5

The present Agreement works within 3 years from the date of its coming into effect. After this term the Agreement automatically lasts every time for the year period if the Parties don’t make other decision.

Article 6

Each Party has the right to terminate the present Agreement with a preliminary note of other Party in 6 months prior to cancellation of the Agreement.

Article 7

The present Agreement can be changed or added in mutual consent of the Parties at any time. All changes and additions to the present Agreement work after signing by their both parties.

Article 8

The present Agreement is made in duplicate, having identical juridical, in one copy for each of the Parties.

AGREEMENT ON THE COOPERATION BETWEEN THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) AND THE STATE SERVICE OF INTELLECTUAL PROPERTY AND INNOVATION UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC (KYRGYZPATENT) (Data 06.02.2012)

AGREEMENT ON THE COOPERATION BETWEEN THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) AND THE STATE SERVICE OF INTELLECTUAL PROPERTY AND INNOVATION UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC (KYRGYZPATENT)

 

I.     General Provisions

The World Intellectual Property Organization (WIPO) and the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent), hereinafter collectively referred to as the Parties,

Emphasizing the importance of bilateral cooperation in the field of intellectual property (IP) for innovative development of the national economy,

Guided by the National Strategy for Intellectual Property and Innovation Development in the Kyrgyz Republic for 2012-2016 (hereinafter referred to as National Strategy), adopted by the Decree No. 593 of the Government of the Kyrgyz Republic of September 23, 2011,

Taking into consideration the common strategic priorities related to the improvement of the system for IP rights enforcement,

Recognizing that effective protection of intellectual property and the encouragement of innovation related activities are prerequisites for the development of such cooperation,

Have agreed on the following:

II.    Goals and objectives

ARTICLE 1

The main goal of this Agreement shall be creation and development of conditions for effective use of intellectual property and innovation for economic, social and cultural development of the Kyrgyz Republic as well as comprehensive cooperation to implement the National Strategy.

ARTICLE 2

The Parties shall develop cooperation in the field of intellectual property protection based on mutual benefit and equality and in accordance with this Agreement and other international treaties to which the Kyrgyz Republic is party.

The cooperation between the Parties shall be aimed at:

assistance to economic development through improvement of the system of intellectual and innovation related activities;

establishment of a favorable environment for development of innovation related activities and effective use of intellectual property subject matters;

modernization of the economy through promotion of advanced technology transfer;

raising awareness in society of the role and significance of intellectual property;

establishment of an effective system of intellectual property rights enforcement;

support for and expansion of intellectual creativity by: encouraging inventive and innovation related activities; dynamically involving youth in the sphere of research and development; and introducing IP courses in the curricula of higher professional education;

effective use of IP subject matters aimed at increased return for business and investors;

taking measures to facilitate technology transfer from research centers to producers for commercialization, importation of foreign advanced technologies for modernization of domestic industry and provision of new products and services to consumers;

enhancing the IP legal framework;

other mutually agreed forms of cooperation.

III.   Financial and organizational matters

ARTICLE 3

Financial and organizational matters of the projects shall be agreed in the framework of separate bilateral protocols.

ARTICLE 4

Kyrgyzpatent will establish a Group of Experts to implement the National Strategy.

Kyrgyzpatent will prepare regular semi-annual and annual reports on the results achieved

indicating the difficulties encountered.

After expiry of the five year period of the Strategy’s implementation, Kyrgyzpatent shall

present an evaluation report.

WIPO shall provide assistance to the Group of Experts implementing the National Strategy

including financing of selected joint activities, with due account of WIPO’s human and

financial limitations; if necessary, WIPO shall arrange additional consultations and/or

trainings on particular issues during implementation of the National Strategy.

IV.       Making changes to the Agreement

ARTICLE 5

Any provision of this Agreement may be amended by mutual consent of the Parties, formalized through an exchange of letters specifying the date of entry into force of the amendment concerned.

V.        Duration of the Agreement

ARTICLE 6

This Agreement shall enter into force on the date on which it is signed and shall be effective for a period of five (5) years. The Parties will review the Agreement six months prior to its expiration and may extend it for additional periods, the duration of which shall be determined by the Parties.

VI.      Final provisions

ARTICLE 7

Either Party may terminate this Agreement, subject to three months written notice. If one of the Parties decides to terminate the Agreement, arrangements previously entered into in relation to projects being implemented under it will not be affected.

ARTICLE 8

Any dispute regarding this Agreement shall be settled amicably through negotiations between the Parties.

Done at Geneva on February 6, 2012, in duplicate in the English and Russian languages, both texts being equally authentic.

In case of discrepancy, the English version shall prevail.

The Cooperation Agreement between the State Service of Intellectual Property and Innovation at the Government of the Kyrgyz Republic and Patent Office of the Republic of Poland (Data 29.03.2012)

The Cooperation Agreement between the State Service of Intellectual Property and Innovation at the Government of the Kyrgyz Republic and Patent Office of the Republic of Poland 

The State Service of Intellectual Property and innovation under the Government of the KR and Patent Office of the Republic Poland called further by “Parties”,

in view of friendship between two states, developing mutually advantageous communications between the parties for ensuring effective protection of the rights for industrial property according to the international standards,

understanding importance of bilateral cooperation and seeking for observance of interests of users of system of protection of the rights for industrial property on a large scale,

recognizing that a necessary condition for development of such cooperation is effective and adequate protection of the rights for industrial property,

agreed as follows:

Article 1

Purposes of this Agreement is cooperation in field of industrial property between Parties; which must informed each other on amendments in the legislation in field of industrial property and on organization amendments in their offices.

Article 2

The parties carry out and develop cooperation in protection of industrial property on the basis of mutual benefit and equality according to the present Agreement and other international treaties, which participants they are or will be.

Cooperation of the Parties will be directed on:

 discussion of the questions connected with protection and use of the rights for objects of industrial property;

 exchange of information, normative and other documents, and also experience and experts in the field of protection of industrial property;

 organization of joint training of experts and experts;

 participation in joint conferences, seminars and working meetings;

 without prejudice to the existing obligations implementation of cooperation within the World Intellectual Property Organization (WIPO), paying special attention to activity and development of the Contract on patent cooperation (PCT), and also cooperation within the World Trade Organization (WTO);

 other mutually coordinated forms of cooperation.

Article 3

Each Party independently incurs expenses on the activity which is carried out according to the present Agreement.

Article  4

By a mutual consent of the Parties changes and additions which are made out in writing by the separate Protocols which are an integral part of the present Agreement can be made to the present Agreement.

Article 5

The present Agreement comes into force from the date of its signing and works within five years. Its action will automatically last for the next five-year periods if any of the Parties not less than in three months prior to the expiration of the corresponding period doesn’t notify in writing other Party on the intention to terminate the present Agreement.

It is made in the city of Bishkek on March “29”, 2012,

in two original copies everyone, in the Kyrgyz, Polish, Russian languages having identical validity. In case of disagreements at interpretation of provisions of the present Agreement, the Party will be guided by the text in Russian.

COOPERATION AGREEMENT BETWEEN THE STATE SERVICE OF INTELLECTUAL PROPERTY AND INNOVATION UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC AND THE WORLD INTELLECTUAL PROPERTY ORGANIZATION FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY OFFICE BUSINESS SERVICES (Data 31.08.2012)

COOPERATION AGREEMENT BETWEEN THE STATE SERVICE OF INTELLECTUAL PROPERTY AND INNOVATION UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC AND THE WORLD INTELLECTUAL PROPERTY ORGANIZATION FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY OFFICE BUSINESS SERVICES

The World Intellectual Property Organization (hereinafter referred to as “WIPO”) having its headquarters in Geneva, Switzerland, and the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (hereinafter referred to as “the Office”), located in Bishkek, Kyrgyzstan (hereinafter referred to as the “Parties”),

Recognizing the desire of the Office to cooperate with WIPO for providing efficient and effective services of intellectual property (hereinafter referred to as “IP”) rights registration and related services in support of the economic and social development of Kyrgyzstan;

Considering that strengthening cooperation between the Parties through the exchange of IP information (in particular, industrial property information) will be mutually beneficial and give impetus to technological and economic development at the national and the international level;

Desiring to promote cooperation between WIPO and the Office in the furtherance of the common goal to develop global IP infrastructure, including global IP databases (in particular, industrial property databases) as public information goods to be accessible for promoting innovation and creativity;

Considering that partnership between the Parties can substantially increase awareness of the importance of IP office business services with a view to contributing to national economic and technical development;

Have agreed to enter into a Cooperation Agreement (hereinafter referred to as “the Agreement”), as follows:

I.        INITIATION OF THE PROJECT

Both parties agree to make an inclusive assessment of the Office’s needs for modernization of its IP business services with a view to preparing a detailed assessment report and recommendations on the basis of a preliminary finding and information provided by the Office to WIPO. Both Parties agree that the initiation of a project to improve business services should be

based on the understanding that the Office intends to make available the resources to implement the recommendations to be made by WIPO with full support from the Government of Kyrgyzstan in order to share resources, responsiblities and work between the Parties.

II.       TECHNICAL CONSULTANCY SERVICES

WIPO agrees to provide the Office with necessary technical consultation services in preparing automation strategic plans, project scoping, project and implementation costs, simplification of business procedures and technical advice and guidance, to assist the Office in delivering consistent, appropriate and high-quality IP business services. The Parties shall separately agree in writing on specifications and other details pertaining to the exact nature of the technical assistance program.

III.      TECHNOLOGIES TO BE USED AND INTERNATIONAL STANDARDS

In principle, in view of promoting interoperable and internationally compatible tools and facilities in developing global IP infrastructure, WIPO uses technologies that are in line with WIPO and industry de facto standards.

IV.     DIGITIZATION PROJECTS

WIPO agrees to provide the Office, upon its request and resources permitting, with assistance in scanning, indexing, formatting and with OCR (Optical Character Recognition) of its industrial property data to enable the Office to provide value-added information services to its stakeholders. The Parties shall separately agree in writing on specifications and other details pertaining to the exact nature of the technical assistance program. Upon request, WIPO will make available the WIPOScan Software and the user-manual thereof to the Office to facilitate the digitization projects, subject to the terms and conditions attached in Annex I, which may be modified and amended by WIPO from time to time and communicated to the Office.

1.      The data created as a result of the digitization projects, including full-text data created by WIPO using the OCR software, shall remain the property of the Office and shall be made available to WIPO on the terms and conditions specified in Article VI.

V.       IP BUSINESS ADMINISTRATION PROJECTS

WIPO agrees to provide the Office, upon its request and resources permitting, with assistance in automation of its administrative procedures for processing of IP applications, so that the Office can provide effective and efficient services to its stakeholders. The Parties shall separately agree in writing on specifications and other details pertaining to the exact nature of the technical assistance program. Upon request, WIPO will provide to the Office software products and platforms, customization and implementation services, and related documentation,3/6

subject to the terms and conditions attached in Annex I, which may be modified and amended by WIPO from time to time and communicated to the Office. 

VI.     EXCHANGE OF INDUSTRIAL PROPERTY INFORMATION AND STATISTICS

1.          The Office will provide WIPO with the following information free of charge:

data of published national patents and patent applications filed with the Office including all available back-file data (“National patent applications”) as well as the legal status data to the extent available; and/or

data pertaining to Patent Cooperation Treaty (PCT) applications, entering the national phase and filed with the Office (“the PCT national phase applications”) and to the extent possible, the translations into the national language of PCT international applications, as foreseen in Rule 95 of the PCT Regulations; and/or

data pertaining to national trademarks registered at the Office including all available back-file data as well as the legal status data to the extent available; and/or

data pertaining to the published industrial design applications filed with the Office including all available back-file data as well as the legal status data to the extent available; and/or

data pertaining to the Office’s industrial property statistical information, where available, in the prescribed format specified in the WIPO IP Statistics Data Collection website, and copies of national legislation, for the purpose of supporting WIPO’s global reference projects.

The aforesaid information shall be provided by electronic transmission in a mutually acceptable format, so that industrial property information and statistics can easily be accessible in the public domain through WIPO’s online search services by information users in the Office and elsewhere.

The Parties shall separately agree in writing on specifications and other details pertaining to the information to be exchanged.

The provision by the Office of data under Article VI Paragraph 1 (as the case may be) shall be on such terms that will allow WIPO to reformat or reproduce the said data so that such data is compatible for inclusion and use in connection with the functioning and operation of WIPO’s online search services and related information services for the public such as development of language tools, industrial property information analysis reports, statistics, etc. The data provided by the Office may also be included in WIPO’s online search premium service for fee-based subscribers on the condition that the fees will be used to recover part of the maintenance and development cost of WIPO’s service for the public.

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If the Office so requests, and subject to agreement between the Office and WIPO on the specific terms and conditions, including financial terms, WIPO may redistribute the information referred to in Article VI Paragraph 1 (a) to (e) to third parties for the promotion of global access to the information. WIPO shall not, without prior written agreement from the Office, redistribute or sell the said data to any other party.

In return for data referred to in Article VI (a), and subject to WIPO’s standard terms and conditions

(http://www.wipo.int/patentscope/en/data/national phase/procedures.html), WIPO will provide the Office, free of charge, with access to any PCT Data Products and Services, including bibliographic data and full text searchable data in XML format, for all published PCT international applications, and any added-value services that may be created in the future and which would normally be restricted to fee-paying subscribers, so that the Office can provide direct PCT search services internally and through the Office’s website, or any other means, to the general public.

WIPO will also allow the Office to reformat, reproduce, and/or redistribute the published PCT international patent application data, with the exception of PCT full-text data. WIPO does not allow the Office to redistribute the complete collection of PCT full-text data.

Subject to the terms and conditions agreed by both Parties, WIPO will also provide the Office with free access to WIPO’s online search services of trademarks and industrial designs of national and international registrations, which WIPO will shortly start to develop.

The Parties shall not be bound to carry out the provisions of this Article VI until and unless such mutually acceptable systems and platforms have been established and implemented. Notwithstanding anything to the contrary, the Parties’ obligations under this Article VI to send, receive and exchange information and data shall be contingent upon the establishment of mutually acceptable formats, systems and platforms to facilitate such sending, receipt and exchange of information.

VII.    ASSISTANCE IN OFFICE CAPACITY BUILDING

WIPO will arrange, upon request of the Office and resources permitting, training and capacity building for end users and management as well as knowledge transfer to local technical personnel. This training will facilitate the transition from manual to automated business processes and will provide an opportunity to build sufficient capacity to sustain the benefits of modernization.

VIII.   MODIFICATION

Except for the terms and conditions attached in Annex I, the Agreement and any other agreement referred to herein may be modified by mutual consent of the Parties, expressed in writing and formalized through an exchange of letters specifying the date of entry into force of the modification concerned. 

IX.     ENTRY INTO FORCE, DURATION AND TERMINATION OF THE AGREEMENT

The Agreement will become effective upon signature by the Parties. The duration of the Agreement is not limited. Either Party may terminate the Agreement, subject to six months written notice. If one of the Parties decides to terminate the Agreement, obligations previously entered into in relation to projects being implemented under it shall not be affected thereby. This termination shall also apply to any other agreement agreed by the Parties and derived from the Agreement and to any license granted by WIPO to the Office herein or under the Annexes of the Agreement. WIPO will discontinue supporting any software provided by WIPO to the Office according to the Agreement and/or any of its Annexes. All its maintenance and administration will then become solely the responsibility of the Office.

X.      PRIVILEGES AND IMMUNITIES

Nothing in or relating to this Agreement shall be deemed a waiver of any of the privileges and immunities of WIPO in conformity with the Convention on the Privileges and Immunities of the Specialized Agencies approved by the General Assembly of the United Nations, on November 21, 1947, and with the provisions of the Agreement between the Swiss Federal Council and WIPO to determine the organization’s juridical status in Switzerland of December 9, 1970, and of the Implementation Arrangement of the same date related thereto.

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XI.     SETTLEMENT OF DISPUTES

Any controversy relating to this Agreement shall be resolved by negotiation between the parties.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed the Agreement.

This Cooperation Agreement is established in English and Russian. In case of discrepancy between the two language versions, the English language version shall prevail.

Done in duplicate, in two languages, at Geneva on August 31, 2012.

For the State Service of Intellectual Property    For the World Intellectual
and Innovation under the Government of the    Property Organization
Kyrgyz Republic           (WIPO)

  [Annex follows]I 4

ANNEX I: TERMS AND CONDITIONS FOR THE USE OF WIPO SOFTWARE FOR IP OFFICE BUSINESS SERVICES

I.        DEFINITIONS – IN THE CONTEXT OF THESE TERMS AND CONDITIONS

“The Software” shall mean the software provided by WIPO to enhance IP Office business services. The Software may include WIPOScan Software, WIPO Industrial Property Automation System (IPAS) Software and/or related IP business software. WIPOScan Software refers to the software for scanning, indexing, and formatting of industrial property data to support the digitization of paper documents in IP Offices.   WIPO IPAS Software refers to the software for the administration of industrial property business processes in IP Offices;

“The Office” shall mean the Industrial Property Office of any WIPO Member State, or the regional office of a group of WIPO Member States, which is willing to use the WIPO software for IP Office business services to improve the management of internal business processes and maximize the IP service delivery to its stakeholders.

II.       GRANT OF RIGHTS

WIPO grants the Office the right to use the Software for IP service delivery under the conditions described herein and within the framework of the “fair use” policy outlined in section 4. The intended purpose of this right is to meet increasing demands from many IP Offices for their efficient and effective business services. Unless otherwise provided for in these Terms and Conditions, the Office shall have a worldwide, non-sublicense, non-transferable and non­exclusive right to use the Software as stated below;

The Office may use the original version of the Software in its own applications;

Any components or modules developed by the Office and linked into the Software shall not be considered part of the Software and will not be subject to these Terms and Conditions.

The Office may have its operation of the Software carried out through a subcontractor, the subcontractor, however, shall obtain no rights whatsoever to the Software.

Any use other than the above-mentioned uses shall be subject to prior written agreement on the terms and conditions. In particular, the Office may not redistribute the software or any derived products to third parties without prior written agreement between WIPO and the Office.2:4

III.      MODIFICATION

Subject to prior consent of WIPO, the Office may modify the Software in any way to create its application systems, provided that the Office meet the following conditions and inserts a prominent notice stating how, when and whether the Office changed the software:

The copyright notice and disclaimer on the Software must be reproduced and included in the source code, documentation, and/or other materials provided in a manner in which such notices are normally distributed.

The derivative work must be clearly identified as such, in order that it may not be confused with the original Software.

WIPO will not be liable, in any respect, for any such modifications or any errors, losses or damage resulting from such modifications. 

IV.     FAIR USE

Nothing in these Terms and Conditions is intended to reduce, limit, or restrict any rights arising from fair use, fair dealing, other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

V.      OWNERSHIP

Ownership and title in the original and modified Software are and shall at all times remain with WIPO. The Office shall not acquire directly, indirectly or by implication any title, copyright or ownership in the Software or any parts thereof. This Article will not apply to the components and modules developed by the Office and linked to the Software.

VI.     RESPONSIBILITY

Responsibility for the successful deployment and use of the Software remains with the Office. WIPO is responsible for the training of the Office staff to enable them to manage, operate, and benefit from the Software, upon the Office’s request. The Office will receive technical assistance and/or general consultation with regard to the deployment, customization and effective use of the Software. WIPO will take all reasonable steps to transfer the technical knowledge embedded in the Software that can be directly attributable to best performance of the system. As they become available, WIPO will provide new versions, updates and/or enhancements to current versions of the Software. However, WIPO bears no responsibilities with respect to the maintenance and support of the Software for the purpose of office use after a reasonable time period. The Office shall be responsible for maintenance and support of the systems derived from the Software. Equipment and software compatibility shall be the Office’s sole responsibility.

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VII.       INTELLECTUAL PROPERTY RIGHTS

The Office acknowledges and recognizes the ownership, title and other rights of WIPO in and to any and all copyright and other intellectual and industrial property rights (“Rights”) in relation to the Software, and all such Rights shall at all times be and remain the sole property of WIPO. The Office shall not do or permit to be done any act that is or is likely to constitute an infringement of the Rights, or will likely jeopardize or offend the ownership, right and title of WIPO in and to the Rights. Notwithstanding anything to the contrary, WIPO does not make any warranty, express or implied, that the Software, or any part thereof, does not affect or violate any patent, trademark, copyright, trade secret, or other proprietary right of any third party.

VIII.      LIABILITY AND FORCE MAJEURE

WIPO shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to the Office, including, but not limited to, losses of business, revenue or profits, as a consequence of using any of the modules in the Software. WIPO shall not be liable or deemed to be in default for any delays or failure in performance or interruption of service resulting directly or indirectly from any cause or circumstance beyond its reasonable control.

IX.     ACKNOWLEDGMENT AND DISCLAIMERS

The Office shall identify WIPO as the source of the Software. However, any such identification shall include the following (first) disclaimer: “The Software herein is provided by the World Intellectual Property Organization (WIPO) on an “as-is, where-is” basis, and WIPO does not represent, warrant, or otherwise guarantee, expressly or impliedly, the merchantability, fitness for a particular purpose, suitability, integrity, accuracy, reliability, or completeness of the said software or any information disclosed or described or contained in the said software. WIPO expressly disclaims liability for any loss, damage, or injury directly or indirectly suffered or incurred as a result of or related to anyone using or relying on the said software or any information disclosed or described or contained in the said software.”

X.      USE OF LOGO

The Office shall not have the right to use any WIPO logo(s) or trademark(s) unless specifically authorized by WIPO in writing and shall be subject to such conditions of use as may be agreed by the Office and WIPO.

XI.     REVISIONS

WIPO reserves the right to revise these Terms and Conditions at any time. Any revised Terms and Conditions will be posted on WIPO’s website. Revisions shall take effect immediately following posting of the new Terms and Conditions.4/4

XII.    FINAL AGREEMENT (WHERE APPLICABLE)

These Terms and Conditions (and any revisions) constitutes the entire understanding between WIPO and the Office regarding the use of the Software.

[End of Annex I and of Agreement]

PROTOCOL on amending the Agreement on Cooperation between the State Intellectual Property Office of the People's Republic of China and the State Service of Intellectual Property of the Kyrgyz Republic in the Field of Intellectual Property and Innovation (Data 02.11.2016)

PROTOCOL

on amending the Agreement on Cooperation between the State Intellectual Property Office of the People’s Republic of China and the State Service of Intellectual Property of the Kyrgyz Republic in the Field of Intellectual Property and Innovation 

The State Intellectual Property Office of the People’s Republic of China and the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic,hereinafter referred to as “Parties”,

Recognizing the importance of further strengthening the bilateral cooperation in the fields of intellectual property and innovation,

Realizing the necessity to update the Agreement between the State Intellectual Property Office of the People’s Republic of China and the State Service of Intellectual Property of the Kyrgyz Republic in the field of intellectual property, signed on September 14, 2011, hereinafter referred to as “Agreement” under the new situation,

In accordance with Article 6 of the Agreement, the Parties have agreed to amend the Agreement as follow:

Article 1

         In the name of the Agreement and throughout the whole text after words “the State Service of Intellectual Property” add with the words “and innovation under the Government of the Kyrgyz Republic”

Article 2

In Article 2 of the Agreement:

–       In the sixth paragraph of the Agreement, after words “patent information services” add with the words, “innovation management”;

–       Adding  new paragraphs of the additional cooperation areas to read as follows:

“-Exchange of information concerning commercialization of objects of intellectual property, development of a network of Technologies and Innovations Support Centers (TISCs);

-Organization of joint training of reserve experts and retraining of personnel for innovation management;

-Assistance to inventors and entrepreneurs in commercialization of objects of intellectual property;

-Exchange of information and experience in the formation and implementation of local innovation policy;

-Assistance to dynamic development of science and innovation of the Kyrgyz Republic;

-Mutually support in various regional and international cooperation mechanisms in field of intellectual property”.

The present Protocol shall enter into force on the date of its signing.

Signed in Bishkek, Kyrgyz Republic, on November___,2016, in two originals, both in the Chinese, the Kirghiz and the Russian languages, all texts being equally authentic. In case of divergence of interpretation, the Russian text shall prevail.

For the Chinese side

Minister of the Foreign Affairs of the People’s Republic of China

 

 

Mr. Wang Yi

For the Kyrgyz side

 Chairman of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent)

 Mr. Manas Abdyllabek uulu

MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE SERVICE OF INTELLECTUAL PROPERTY AND INNOVATION UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC AND THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF THE PEOPLE’S REPUBLIC OF CHINA IN THE FIELD OF TRADEMARK (Data 21.09.2017)

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE STATE SERVICE OF INTELLECTUAL PROPERTY AND INNOVATION UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC

AND THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF

THE PEOPLE’S REPUBLIC OF CHINA IN THE FIELD OF TRADEMARK

The Sate Service of Intellectual Property and Innovation under the Government of Kyrgyz Republic and the State Administration for Industry and Commerce of the People’s Republic of China, hereinafter referred to as “Parties”, 

Wishing to further strengthen the existing friendship and enhance mutual trust between the two countries, 

Recognizing the importance of intellectual property in promoting a strong national and global economy, encouraging economic investment in innovation, and fostering entrepreneurial spirit; and 

Aiming to establish and develop a cooperative relationship in the field of trademark between the two countries;

Have reached  the following understanding:

I. Objective of Cooperation

Parties, subject to the terms of this Memorandum of Understanding and the laws, rules, regulations and national policies from time to time in force in their respective countries, will Endeavour to establish, strengthen, promote and develop cooperation in the field of trademark between the two countries on the basis of equality and mutual benefit.

  II. Areas of Cooperation

  1. Each Party will endeavour subject to the laws, rules, regulations and national aspects from time to time in force governing the subject matter in their respective countries, to take necessary steps to encourage and promote cooperation in the field of trademark that will be of mutual benefit to both Parties in the following areas :

(a)               to exchange information on related laws, regulations, policies and other information as mutually decided by the Parties;

(b)               to hold high-level meetings, when necessary, to exchange views on critical issues of common interest;

(c)               to jointly hold workshops as needed to discuss related hotspot issues;

(d)              to explore the possibility of mutual visits and personnel training;

(e)               any other areas of cooperation in the cooperatives sector to be mutually agreed upon by the Parties.

  1. For the purpose of implementing the cooperation in respect of any area as stated in point 1 above, the Parties will enter into an annual plan subject to provisions to be jointly decided by the Parties.

III. Consultations

The Parties will host events at intervals to review progress under this Memorandum of Understanding and determine specific cooperative projects.

IV. Resources

All commitments made in this Memorandum of Understanding are subject to the availability of funds and each Party’s budget priorities. This Memorandum of Understanding is not meant to obligate funds. 

  V. Confidentiality

It is understood that the Parties do not intend to communicate information to the third Party if such communication is prohibited by the laws governing the Party possessing the information or would be incompatible with that Party’s interests.

Unless agreements are reached through negotiations, each Party shall keep the information provided by the other Party under this Memorandum of Understanding confidential in line with laws of its country. 

VI. Limitations 

This Memorandum of Understanding and the expressed intentions of the Parties will be subject to the national legislation and regulations of their respective countries. This Memorandum of Understanding does not constitute or create legally binding rights or obligations under international law, and does not affect the rights and obligations of the Parties acquired under existing agreements or memoranda in which the Parties are themselves involved.

   VII. Resolution of Disputes

The Parties will resolve any discrepancies or disputes arising out of the interpretation or application of this Memorandum of Understanding through consultations. 

           VIII. Miscellaneous Provisions

This Memorandum of Understanding shall enter into force on the date of signing. This Memorandum of Understanding may be amended at any time by the mutual written consent of the Parties. Either Party may terminate this Memorandum of Understanding upon ninety (90) days written notice to the other Party.

Done in duplicate at Bishkek on this 21st day of September, 2017 in the Kyrgyz, Chinese and Russian languages, all three texts being equally authentic. If any discrepancies arise from the interpretation of this Memorandum of Understanding, Russian version will prevail.

For the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic

Dosaly Esenalliev

Chairman

For the State Administration for Industry and Commerce of the People’s Republic of China

Zhang Mao

Minister

AGREEMENT between STATE SERVICE OF INTELLECTUAL PROPERTY AND INNOVATION UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC and ESTONIAN CLUSTER OF KNOWLEDGE-INTENSIVE BUSINESSES OF THE REPUBLIC ESTONIA

AGREEMENT

between

STATE SERVICE OF INTELLECTUAL PROPERTY AND INNOVATION UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC

and

ESTONIAN CLUSTER OF KNOWLEDGE-INTENSIVE BUSINESSES OF THE REPUBLIC ESTONIA

 

State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (hereinafter referred to as Kyrgyzpatent) and Estonian Cluster of knowledge-intensive business of the Republic Estonia, hereinafter to be referred to as „Parties“,

recognizing the importance of Intellectual Property in the development of national and world economy, supporting economic investment in innovation and entrepreneurial,

desiring to develop bilateral cooperation between the Parties to strengthen the existing intellectual property systems by establishing a mechanism for regular exchange of information, experiences, joint training and other activities,

agreed to sign this Agreement(hereinafter referred as “Agreement”).

Article 1. General Provisions

1.1.This Agreement, hereinafter referred to as Agreement, sets for the terms and understanding between the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent) and the Estonian Cluster of Knowledge-Intensive Businesses (ECoKIB) of the Republic Estonia, hereinafter called the Parties, to outline the intent of the Parties to collaborate in mutually beneficial activities in the interest of furthering the goals of both organizations.

Article 2. Purpose of Agreement

2.1. The purpose of this Agreement is to establish the guidelines for collaboration between the Parties in the delivery of the Estonian development co-operation strategy for the Kyrgyz Republic and achievements of theaims stated in the action plan for Intellectual Property and Innovation Development in the Kyrgyz Republic for 2017-2021.

Article 3. Field of Cooperation

 

3.1. The Parties within their competence hereby agreed to implement joint activities in the following fields:

–         Cooperate to further improve and expand the business and innovation activity between the Kyrgyz Republic and the Republic of Estonia.

–         Creation of a favourable environment for innovative activity development and use of IP subject matters in the Kyrgyz Republic.

–         Assistance to economy modernization by means of more active advanced technologies transfer in the Kyrgyz Republic.

–         Raising awareness and understanding in society of the role and significant benefits of IP in the Kyrgyz Republic.

–         Creation of effective system of rights protection for IP subject matters in the Kyrgyz Republic.

–         Supporting the innovation infrastructure development in Kyrgyz Republic.

–         Regularly exchange information (inter alia intellectual property) between the two countries.

–         Qualification upgrade of Kyrgyzpatent personnel in the field of Intellectual Property (IP) valuation and business plan development.

–         Develop IP strategy and improvement of IP teaching materials.

–         Analyse innovation system in in the Kyrgyz Republic – gaps, possible shortcomings, etc.

–         Developing new IP and business tools for the public and private sectors of Kyrgyz Republic.

–         Analyse IP enforcement and establishing better anti-counterfeit system in in the Kyrgyz Republic.

          – Conduct seminars for local businesses communities in the field of IP and institutions and arrange study-visits.

Article 4. Limitations and Restrictions

4.1. All the aforementioned activities will be financed under development co-operation framework.

4.2. The Parties will take all necessary steps to ensure that this Agreement works to their mutual benefit.

Article 5. Final Provisions

5.1. This Agreement will enter into force on the date of signature and extends for three years. Its validity will be automatically extended for the next three-year period until one of the Parties notifies the other Party in writing on its intention to terminate its effect.

5.2. Any discrepancies and disputes, arising within implementation of this Agreement shall be determined by negotiation and consultation.

5.3. This Agreement can be amended and supplemented by mutual consent of the Parties which officially registered as separate protocol.

5.4. Completed at Tallinn (city) “12”  December 2017, in three copies, and each in Kyrgyz, Russian and English languages, three texts being equally authentic. In case of any disagreement in interpretation of regulations of the present Agreement, the Parties shall be governed by the English version.

Dosaly Esenaliev

Chairman

 

 

 

 

 

Marius Kuningas

Chairman of the Board

 

 

 

 

State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent)

 

Estonian Cluster of knowledge-intensive business of the Republic Estonia