ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 20, 2019 No. 80

About approval of Rules of giving of objections, statements and their considerations in Appeal council under the State agency of intellectual property and innovations under the Cabinet of Ministers

For the purpose of enhancement of law-enforcement practice of activities of Appeal council under the State agency of intellectual property and innovations under the Cabinet of Ministers, according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Rules of giving of objections, statements and their consideration in Appeal council under the State agency of intellectual property and innovations under the Cabinet of Ministers according to appendix.

2. Recognize invalid:

- the resolution of Provisional Government of the Kyrgyz Republic "About approval of Rules of giving of objections, statements and their considerations in Appeal council under Public service of intellectual property and innovations under the Government of the Kyrgyz Republic" of July 9, 2010 No. 117;

- item 4 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of May 20, 2014 No. 263;

- item 4 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of January 20, 2017 No. 37.

3. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

to the Order of the Government of the Kyrgyz Republic of February 20, 2019 No. 80

Rules of giving of objections, statements and their consideration in Appeal council under the State agency of intellectual property and innovations under the Cabinet of Ministers

I. General provisions

1. These rules determine procedure for giving of objections, statements and their consideration in Appeal council under the State agency of intellectual property and innovations under the Cabinet of Ministers (further - Rules).

2. Appeal council under the State agency of intellectual property and innovations under the Cabinet of Ministers (further - Appeal council) is obligatory primary body for consideration of disputes over questions of protectability of objects of industrial property and selection achievements in the Kyrgyz Republic and performs the powers determined by these rules and other regulatory legal acts of the Kyrgyz Republic.

The structure of Appeal council is created of number of persons employed of the State agency of intellectual property and innovations under the Cabinet of Ministers (further - Kyrgyzpatent) and the organizations subordinated to it, in number of 7 members and affirms Kyrgyzpatent's order.

For the purpose of ensuring openness and transparency of consideration of objections and statements at meetings of Appeal council as the observer without voting power at decision making the representative for the prevention of corruption takes part.

II. Objections and applications submitted to Appeal council

3. In Appeal council according to Articles 3, of 31, of 33, of 34, of 36, 38 Laws of the Kyrgyz Republic "Patent law", Articles 3, of 16, 32 Laws of the Kyrgyz Republic "About trademarks, service marks, geographical instructions and names of places of goods origin", Articles 3, of 12, 15 Laws of the Kyrgyz Republic "About legal protection of selection achievements" and the international treaties which became effective according to the legislation of the Kyrgyz Republic can be submitted objections:

1) on the solution of formal examination and examination in essence about patent refusal on the invention;

2) on the solution of formal or preliminary expert examination on patent refusal on useful model;

3) on the solution of formal examination or examination in essence about patent refusal on industrial design;

4) against patent grant on the invention, useful model, industrial design, selection achievement;

5) on the solution of examination of the declared designation on refusal in registration of the trademark, service mark;

6) against registration of the trademark, service mark;

7) on the solution of examination on refusal in registration of geographical specifying;

8) on the solution of examination on refusal in registration of the name of the place of goods origin;

9) against registration of geographical specifying and issue of the certificate for right to use by geographical specifying;

10) against registration of the name of the place of goods origin and issue of the certificate for right to use by the name of the place of goods origin;

11) on the decision on patent refusal on selection achievement.

4. The following applications can be submitted to Appeal council:

1) about recognition of the trademark well-known in the territory of the Kyrgyz Republic;

2) about the termination of legal protection of the well-known trademark in the territory of the Kyrgyz Republic.

III. Conditions and procedure for giving of objections and statements

5. The objections and statements provided by Items 3, of 4 these rules move the applicant directly or through his representative.

Paragraph two of ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 24.11.2023 No. 618

Objections or applications are submitted in the state or official language.

Foreign legal entities or physical persons or their patent agents who are constantly living outside the Kyrgyz Republic give objections, correspond on them with Appeal council and participate in meetings through the patent agents registered in Kyrgyzpatenta if other procedure is not established by the international agreement with participation of the Kyrgyz Republic.

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