ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 31, 2007 No. 26

About the Procedure for use of trademarks, service marks, geographical instructions, names of places of goods origin and trade names as the Internet address

According to the Law of the Kyrgyz Republic "About trademarks, service marks, geographical instructions and names of places of goods origin", for the purpose of regulation of the relations connected with use in the territory of the Kyrgyz Republic of trademarks, service marks, geographical instructions and names of places of goods origin as the Internet address, the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Procedure for use of trademarks, service marks, geographical instructions, names of places of goods origin and trade names as the Internet address.

2. Publish this resolution in mass media.

Approved by the Order of the Government of the Kyrgyz Republic of January 31, 2007, No. 26

Procedure for use of trademarks, service marks, geographical instructions, names of places of goods origin and trade names as the Internet address

1. This Procedure for use of trademarks, service marks, geographical instructions, names of places of goods origin and trade names as the Internet address (further - the Procedure) is developed according to Articles 26, 46 Laws of the Kyrgyz Republic "About trademarks, service marks, geographical instructions and names of places of goods origin" and governs the relations connected with use in the territory of the Kyrgyz Republic of trademarks, service marks, geographical instructions, names of places of goods origin and trade names as the Internet address including in domain name and in case of other methods of addressing.

2. Basic concepts.

The concepts used in this Procedure are applied in the following value:

The IP address - the address determining the location of information in Internet network, including in domain name, expressed in digital form;

domain name - symbolical representation of the IP address (for example, www.infoart.kg);

KG - two-digit code of the Kyrgyz Republic according to the international standard;

zone. KG - set of the domain names allocated for the Kyrgyz segment of Internet network;

the administrator - the organization registering domain names and providing technical capability of existence of domain name.

3. Regulations of this Procedure extend to the trademarks, service marks, geographical instructions, names of the place of goods origin and trade names (further - objects of industrial property) protected in the territory of the Kyrgyz Republic according to the legislation of the Kyrgyz Republic.

4. Use in the territory of the Kyrgyz Republic of objects of industrial property as domain name without the permission of their owner is violation of exclusive right of the owner of object of industrial property.

5. The responsibility for violation of exclusive right of the owner of object of industrial property is born by the legal entity or physical person which registered the domain name identical or mixtures, similar to degree, with object of industrial property without the permission of their owner, in Base of domain names.

6. Base of domain names in zone. KG is conducted by the legal entity providing services in registration and maintenance of domain names in zone. KG (further - the administrator).

7. The administrator does not bear responsibility for the offenses arising in connection with registration and use by the third party of the domain name similar to extent of the mixture to object of industrial property protected according to the legislation of the Kyrgyz Republic.

8. The disputes connected with use of the object of industrial property protected in the territory of the Kyrgyz Republic as domain name are considered judicially if the legislation of the Kyrgyz Republic does not provide other.

9. By consideration of dispute in court the claim can be satisfied in case of representation by the claimant of one of the following proofs:

- the name of the domain is identical or similar to extent of mixture to object of industrial property which owner is the claimant;

- the name of the domain is registered and is used in defiance of exclusive rights of the owner of object of industrial property.

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