ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of June 12, 1998 No. 346

About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin

According to the Patent law of the Kyrgyz Republic and the Law of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin.

2. Publish this resolution in mass media.

Approved by the Order of the Government of the Kyrgyz Republic of June 12, 1998 No. 346

Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin

Section I. General provisions

1. This Provision establishes procedure, the sizes and payment due dates of duties on making of the legally significant actions provided by the Patent law of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin".

2. The sizes of duties provided by this Provision are established in conventional units (one conventional unit is equal to one US dollar).

At the same time calculations are made:

- for the physical persons and legal entities of the Kyrgyz Republic having the permanent residence or the location in the territory of the Kyrgyz Republic - in som, in the sizes equivalent to the established sizes of duties on the rate of National Bank of the Kyrgyz Republic operating for date of fulfillment of transaction;

- for the physical persons and legal entities having the permanent residence or the location out of the Kyrgyz Republic - in freely convertible currency, taking into account the rate of this currency operating at the time of payment in relation to US dollar.

3. Physical persons, irrespective of their residence pay duties in the sizes constituting 10% of the sizes of the duties established by the Section II of this provision.

4. Non-profit organizations, including research establishments and higher educational institutions, irrespective of their location pay duties in the sizes constituting 10% of the sizes of the duties established by the Section II of this provision.

5. Small enterprises (according to the main scheme of the qualifier of types of the companies), the asking patent for the invention or useful model, irrespective of their location pay duties in the sizes constituting 30% of the sizes of the duties established by the Section II of this provision. Together with payment of the next duty by small enterprise the certificate of the number of employees and volume of turnover is provided.

6. The status of persons specified in Items 3, of the 4 and 5 Section I of this provision is determined by the legislation of the country where these persons have respectively the location (residence).

The privileges provided by Items 3, of the 4 and 5 Section I of this provision are applied as well to group of persons if each of them belong to any category specified in these Items.

The group consisting of various categories of persons pays duty at the rate of one of persons which is maximum among other faces of this group.

At the same time applicants, persons for whose name the security document, owners of security documents in various combination is asked can constitute group of persons.

Persons having the right to privileges submit the documents confirming this right.

7. In case of the conclusion of the license agreement or the agreement on concession of the security document of privilege on payment of duties, provided by Items 3, of 4, 5 and the subitem) the Item 8 of this provision, from the moment of the conclusion of the agreement is not provided.

8. The following privileges on payment of duties are provided to the persons who are the single authors of inventions, useful models and industrial designs and asking the patent for the name or being the single owners of the patent for the invention, useful model, industrial design:

a) the participants of the Great Patriotic War or persons equated to them and also disabled people of the I group are completely exempted from payment of duties;

b) pensioners, disabled people II and III groups, pupils and students of educational institutions, graduate students pay duties in the amount of 50% of the established preferential sizes of the duties provided by Items 1, 3-6, 8-13, 15, of 17, of the 18th Section II of this provision.

The privileges provided by subitems "a", "b" of this Item are provided according to the petition of the applicant, owner of the patent. The basis for provision of privilege is the copy of the relevant document: certificates of the participant of the Great Patriotic War, the certificate of the participant of war for faces of civilian structure, the certificate issued for work (or service) in days of the Great Patriotic War in the back, the pension certificate, the reference of medical labor commission of experts, the document issued by educational or scientific institution.

9. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 31.10.2006 No. 752

10. Action of privileges does not extend to line items of the Section IV of this provision.

11. The duties established by this Provision are paid in accordance with the established procedure by transfer of the corresponding amounts to the settlement account of authorized body in the field of intellectual property (further - Kyrgyzpatent).

The document confirming payment of duty is the copy of the payment order having stamp of bank about payment or the bank receipt about payment of duty cash or transfer from personal account.

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