of July 31, 2007 No. 116
About protection of traditional knowledge
Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 26, 2007
The preamble voided according to the Law of the Kyrgyz Republic of 20.07.2015 No. 178
This Law sets legal regime of protection of traditional knowledge in the territory of the Kyrgyz Republic.
This Law does not extend to subjects of folklore and folk applied art.
Legal relations in the field of use of genetic resources and procedure for access to genetic resources of the Kyrgyz Republic are regulated according to the legislation of the Kyrgyz Republic.
The legislation of the Kyrgyz Republic in the field of traditional knowledge consists of the Constitution of the Kyrgyz Republic, the Civil code of the Kyrgyz Republic, this Law and other regulatory legal acts, and also come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.
This Law fixes basic provisions of state policy in the field of traditional knowledge, and also the legal, economic and social guarantees, including traditional knowledge with use of genetic resources (further - traditional knowledge) aimed at further sustainable development of the country and creation of conditions for equitable distribution of benefits from use of the traditional knowledge which is historical heritage and property of the people of the Kyrgyz Republic.
Traditional knowledge - knowledge, methods and methods, including with use of genetic resources, applied in different areas of human activities which were transferred from one generation to another in certain procedure and value.
owners of traditional knowledge - local community, physical, legal entities of any forms of business and patterns of ownership who own traditional knowledge;
local community - set of the citizens of the Kyrgyz Republic who are constantly living in the territory of administrative and territorial unit, combined by interests under the responsibility to resolve issues of local value independently through representative and executive bodies of local self-government;
genetic resources - include all animal and flora of terrestrial, water and other origin which can be used by owners of traditional knowledge for receipt of certain practical results in this or that field of activity;
fund - the organization which does not have membership founded by physical persons and/or legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially useful purposes.
The purposes of state regulation in the field of traditional knowledge are legal protection, assistance to preserving and broad use of traditional knowledge in different areas of human activities, assistance to use of the traditional knowledge including based on genetic resources in industrial production, and also further commercialization of the objects made as a result of their use.
State regulation in the field of traditional knowledge includes:
1) creation of the preventive mechanism for protection of traditional knowledge from illegal patenting of the objects created on the basis of traditional knowledge and with use of genetic resources by means of entering of traditional knowledge into the database;
2) equitable distribution of benefits from use of traditional knowledge to local communities;
3) creation of Fund for development of local communities which sources of financing will be assignments from use of traditional knowledge, including with use of genetic resources;
4) ceased to be valid according to the Law of the Kyrgyz Republic of 26.05.2018 No. 55
5) carrying out scientific research on traditional knowledge and the existing genetic resources regarding their practical application, including:
- identification of the most priority directions of researches in the field of traditional knowledge with use of genetic resources which can make the significant contribution to environmental protection;
- development and development of new types of use of genetic resources;
- carrying out research works with the purpose of inventory count of traditional knowledge in the territory of the Kyrgyz Republic;
- identification of the well-known and widely used traditional knowledge.
Voided according to the Law of the Kyrgyz Republic of 20.07.2015 No. 178
State policy in the field of traditional knowledge is realized by authorized state body in the field of intellectual property (further - authorized state body). According to this Law the authorized state body accepts requests for registration of traditional knowledge, performs state registration, enters data on registration in the state register, creates the database on traditional knowledge, publishes data on traditional knowledge.
Subjects of legal relationship in the field of traditional knowledge are the state, local communities, physical persons and legal entities, irrespective of legal forms and patterns of ownership, and also foreign physical persons and legal entities.
The interests of owners of traditional knowledge can be represented by the public organizations of physical persons and/or legal entities created by the owners of traditional knowledge of certain area who are acting on the basis of the Charter such organization and state registration.
The interests of owners of traditional knowledge can be represented by both physical persons and legal entities, and the representatives determined by them.
Foreign physical persons and legal entities according to this Law have the right to perform the activities through the official representatives.
Foreign physical persons and legal entities have the rights provided by this Law and other regulatory legal acts relating to legal protection of traditional knowledge, and also which came in the procedure established by the law into force international treaties which participant is the Kyrgyz Republic, on an equal basis with physical persons and legal entities of the Kyrgyz Republic.
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