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LAW OF THE KYRGYZ REPUBLIC

of March 17, 2006 No. 79

About confidential inventions

(as amended on 23-03-2023)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on January 23, 2006

The law of the Kyrgyz Republic "About confidential inventions" governs the relations arising in the territory of the Kyrgyz Republic in connection with classification and use of the inventions recognized confidential, according to the procedure, established by this Law.

For the purposes of this Law confidential inventions are understood as the inventions containing the data constituting the state secrets, and recognized confidential according to the procedure, established by this Law.

Confidential inventions during the term of classification are property of the Kyrgyz Republic.

Article 1. Legal regulation of the relations in the field of confidential inventions

Legal regulation of the relations arising in connection with classification and use of confidential inventions is performed according to the Civil code of the Kyrgyz Republic, the Patent law of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About employee inventions, useful models, industrial designs", the Law of the Kyrgyz Republic "About protection of the state secrets of the Kyrgyz Republic", this Law and other regulatory legal acts of the Kyrgyz Republic.

The relations arising in connection with classification and use of the developments containing the data constituting the state secrets, and which are not recognized by confidential inventions according to this Law are regulated by the Law of the Kyrgyz Republic "About protection of the state secrets of the Kyrgyz Republic".

Article 2. Classification of the inventions containing the data constituting the state secrets

The authorized state body of the Kyrgyz Republic in the field of intellectual property in case of submission of the requests for patent grant on the invention submitted according to requirements of the Patent law of the Kyrgyz Republic will organize work on detection of the data constituting the state secrets and to classification of the requests containing these data. The procedure for the organization of this work is established by authorized state body of the Kyrgyz Republic in the field of intellectual property.

The ministries, the state committees, administrative departments (further - state bodies) having lists of the data which are subject to the classification having the right to classify the inventions containing information constituting the state secrets and to submit the application through the regime and confidential structural divisions to authorized state body of the Kyrgyz Republic in the field of intellectual property with the signature stamp of the corresponding degree of privacy which is put down on them.

The authorized state body of the Kyrgyz Republic in the field of intellectual property also takes cognizance of requests for inventions with the offer on classification which move persons, the stipulated in Article 5 these Laws (further applicants), through regime and confidential structural divisions on place of employment, and in the absence of such opportunity - through special communication at the place of residence (stay) or directly according to the procedure, provided by the Patent law of the Kyrgyz Republic.

Classification of the requests containing the data constituting the state secrets, establishment of degree of privacy and also terms of their review are performed by the state bodies determined by the Cabinet of Ministers of the Kyrgyz Republic according to the Law of the Kyrgyz Republic "About protection of the state secrets of the Kyrgyz Republic" and this Law.

Article 3. Right to the confidential invention and its use

The right to the confidential invention and its use is protected by this Law and other regulatory legal acts of the Kyrgyz Republic.

The right to the confidential invention and its use during all term of classification belongs to the Kyrgyz Republic on behalf of the state bodies which coded it. Use of confidential inventions shall be performed with observance of the mode of privacy of the state secrets of the Kyrgyz Republic according to the Law of the Kyrgyz Republic "About protection of the state secrets of the Kyrgyz Republic".

For the benefit of the state use of the confidential invention by other persons can be authorized the state body which coded it according to the procedure, established by the Cabinet of Ministers of the Kyrgyz Republic, with observance of the mode of privacy.

Persons guilty of violation of conditions of use of the confidential invention bear responsibility, stipulated by the legislation the Kyrgyz Republic.

Article 4. Author of the confidential invention

The author of the confidential invention the physical person by which creative activity it is created is recognized.

If several physical persons participated in creation of the confidential invention, all of them are considered as his authors.

The physical persons which did not make personal creative deposit in creation of the confidential invention, rendered to the author (authors) technical, organizational or financial support are not recognized authors.

The copyright is the inaliennable personal non-property right and is protected is termless.

Authorship to the confidential invention makes sure the certificate granted by authorized state body of the Kyrgyz Republic in the field of intellectual property which forms the basis for receipt of incentive award, monetary compensation for classification and remunerations for its use.

The form of the certificate and structure of the data specified in it are established by authorized state body of the Kyrgyz Republic in the field of intellectual property.

When using the confidential invention in the state needs, to the author (authors) by the state body which coded it pays the monetary reward. At the same time the size of the monetary reward is established by this state body and there shall be at least fifty minimum wages for every year of use irrespective of the number of authors.

Article 5. Procedure for giving, consideration and classification of the request for the confidential invention

The right to application for the confidential invention belongs to the author (authors) of the confidential invention or its legal successor, including person who acquired the appropriate right according to the procedure of concession.

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