of November 15, 2023 No. 600
About approval of Rules of registration of the agreement of the order right to object of industrial property, selection achievement
According to the paragraph the second article 10 of the Law of the Kyrgyz Republic "About modification of some legal acts of the Kyrgyz Republic in the sphere of intellectual property", part 3 of article 47 of the Law of the Kyrgyz Republic "Patent law", Article 31, part 7 of article 54 of the Law of the Kyrgyz Republic "About trademarks, service marks, geographical instructions and names of places of goods origin", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:
1. Approve Rules of registration of the agreement of the order by the right to object of industrial property, selection achievement according to appendix.
2. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of Rules of registration of the contract on concession of the security document for object of industrial property, selection achievement, the license agreement about provision of the right to their use, pledge agreements of exclusive right on object of industrial property and the agreement on technology transfer" of October 4, 2019 No. 519.
3. This resolution becomes effective after fifteen days from the date of official publication.
Chairman of the Cabinet of Ministers of the Kyrgyz Republic
A. Zhaparov
Appendix
to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of November 15, 2023 No. 600
1. Rules of registration of the agreement of the order are developed by the right to object of industrial property, selection achievement (further - Rules) for the purpose of implementation of the Civil code of the Kyrgyz Republic, the laws of the Kyrgyz Republic "Patent law", "About trademarks, service marks, geographical instructions and names of places of goods origin" and "About legal protection of selection achievements".
2. In these rules the following concepts and reducings are used:
1) Kyrgyzpatent - authorized state body in the field of intellectual property;
2) VOIS - World Intellectual Property Organization;
3) EAPO - Eurasian patent organization;
4) the Eurasian patent - the Eurasian patent for the invention or industrial design;
5) object of industrial property - the invention, industrial design, useful model, the trademark, service mark, trade name;
6) the register - registers of objects of industrial property, selection achievements of the Kyrgyz Republic, Eurasian patents;
7) the security document - the patent, the patent under responsibility of the applicant, the certificate;
8) the agreement - the contract (the transfer act) on concession (alienation) of the rights to object of industrial property, selection achievement, the license agreement on provision of the right to their use, the agreement of the complex entrepreneurial license (franchizing) and the pledge agreement of exclusive right for object of industrial property;
9) the sublicense agreement - provision by the licensee of the rights to use object of industrial property, selection achievement to the third parties;
10) the complex entrepreneurial sublicense - the right of the licensee to resolve use of the licensed complex provided to it or its part to other persons on the conditions approved by it with the licensor or determined in the agreement of the complex entrepreneurial license;
11) the licensor - the owner of the rights to object of industrial property, selection achievement;
12) the licensee - the physical person or legal entity using object of industrial property, selection achievement;
13) the applicant - the owner of the rights to object of industrial property, selection achievement or one of the parties signing the agreement or their representatives;
14) the request - the statement for registration of the agreement and set of the documents enclosed to the application for registration of the agreement;
15) the statement - the statement for registration of the agreement;
16) the Monitor Madrid database - the database with search function containing complex set of data according to the international trademarks registered within the VOIS Madrid system.
3. Are subject to registration in Kyrgyzpatenta:
1) contracts of assignment of the rights to the objects of industrial property protected in the Kyrgyz Republic:
- inventions;
- useful models;
- industrial designs;
- trademarks and service marks and selection achievements;
2) license agreements about the provision of right to use of objects of industrial property and selection achievements specified in the subitem of 1 this Item;
3) agreements of the complex entrepreneurial license (franchizing);
4) agreements of pledge of the rights to objects of industrial property;
5) sublicense agreements;
6) complex entrepreneurial sublicenses;
7) other agreements which on the content correspond to the agreements specified in subitems 1-4 of this Item;
8) supplementary agreements about introduction of amendments to the registered agreements specified in this Item;
9) supplementary agreements about termination of the registered agreements specified in this Item.
4. For registration of the agreement in Kyrgyzpatent the application in form according to appendices 1, 3 to these rules, depending on the agreement type which is subject to registration in one copy is submitted.
The application is signed by one of the parties signing the agreement or the representative whose powers are drawn up properly.
5. The following documents shall be attached to the statement, depending on agreement type:
1) the contract of assignment is right (original), the copy of the agreement or the statement from it, certified by the legislation of country of source of the document, in triplicate (two of which can be copies).
The contract of assignment of the rights shall include the following main conditions:
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