Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE KYRGYZ REPUBLIC

of February 19, 2001 No. 24

About patent agents

(as amended on 23-03-2020)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on January 22, 2001

Chapter I. General provisions

Article 1. Regulation subject

This Law determines the legal basis of professional activity of patent agents in the territory of the Kyrgyz Republic in the field of protection of intellectual property items.

Regulations of this Law act on all territory of the Kyrgyz Republic in relation to all patent agents, their legal entities irrespective of legal forms and patterns of ownership.

Article 2. Authorized state body in the field of intellectual property

For the purpose of regulation of professional activity of patent agents the authorized state body in the field of intellectual property carries out certification of candidates for patent agents, recertification and registration of patent agents for which implementation the certification and appeal commissions are created.

The certifying commission approves procedure for holding testing certification, examination tasks, appoints examiners, makes decisions on the admission to testing certification, certification, certification with restriction of activities, not certification and recertification taking into account requirements of article 7 of this Law.

The appeal commission considers claims certified on solutions of certifying commission, and also the claim of persons to the actions of patent agents connected with inadequate accomplishment of professional obligations by them.

Article 3. Business management by patent agents

Business management, connected with receipt of security documents and legal protection of objects of industrial property and selection achievements, can be performed through patent agents.

The physical persons living outside the Kyrgyz Republic, either foreign legal entities, or their patent agents, run the business connected with protection of objects of industrial property, selection achievements only through the patent agents registered in authorized state body in the field of intellectual property if other is not provided by international treaties of the Kyrgyz Republic.

Chapter II. Patent agent

Article 4. Concept and legal status of the patent agent

Patent agent is the physical person which is certified in accordance with the established procedure and registered in the State register of patent agents of the Kyrgyz Republic (further - the Register) according to requirements of this Law and which is granted the right to representative office of physical persons or legal entities before authorized state body in the field of intellectual property and other organizations for obtaining and implementation of legal protection of objects of industrial property and selection achievements. Activities of the patent agent represent activities of the certified specialist in implementation of qualified actions for the benefit of physical persons and legal entities for protection of their rights, freedoms and legitimate interests concerning objects of industrial property and selection achievements.

The patent agent can perform the professional activity as independently - as the individual entrepreneur or with formation of legal entity, and working on hiring. The patent agent working on hiring shall represent data on it to authorized state body in the field of intellectual property. About all changes connected with this question, the patent agent shall report in authorized state body in the field of intellectual property for reflection of this information in the Register and the publication in the statement in a month.

The patent agents who created the legal entity according to the legislation of the Kyrgyz Republic shall inform on it authorized state body in the field of intellectual property for reflection of this information in the Register and the publication in the statement in a month.

Article 5. Requirements imposed to certified

As the patent agent can be certified, pereattestovana also are registered persons meeting the following requirements:

1) are citizens of the Kyrgyz Republic;

2) have the permanent residence in the territory of the Kyrgyz Republic at the time of filing of application and legal address for implementation of activities as the patent agent;

3) have the higher education;

4) have knowledge of regulatory legal acts of the Kyrgyz Republic, the international treaties necessary for implementation of activities for protection of the rights to objects of industrial property, selection achievements, in the amount determined by authorized state body in the field of intellectual property;

5) Action of Item is cancelled by the Solution of the Constitutional court of the KR of January 19, 2006

As the patent agent cannot be certified:

1) employees of authorized state body in the field of intellectual property and the organizations subordinated to it;

2) officials and employees who according to the legislation of the Kyrgyz Republic are forbidden to be engaged in business activity.

Article 6. Representation of patent agents

The patent agent is authorized to represent the interests of any person which signed the service provision agreement with it.

Powers of the patent agent on business management are confirmed by the power of attorney issued to it by person on behalf of whom business management is performed. The power of attorney on representation before authorized state body in the field of intellectual property and the organizations entering into single public patent service is issued to the patent agent by the principal in writing and does not require the notarial certificate.

The power of attorney shall be drawn up by the physical persons living outside the Kyrgyz Republic and foreign legal entities according to the procedure, stipulated by the legislation document countries of source, and in case of availability of doubts in reliability of the document - upon the demand of authorized state body in the field of intellectual property is legalized in consular establishment of the Kyrgyz Republic, except cases when legalization of the power of attorney is not required owing to international treaties of the Kyrgyz Republic or on the basis of the principle of reciprocity.

Chapter III. Procedure for receipt of the rights of the patent agent

Article 7. Certification

Persons meeting the requirements of Items 1 - 3 parts one of article 5 of this Law are allowed to examination.

During the examination knowledge certified the regulatory legal acts of the Kyrgyz Republic, international treaties necessary for implementation of activities of the patent agent is checked.

Certified can declare restriction of the activities with separate objects of industrial property, selection achievements or separate types of service. Exam is held taking into account this restriction. Data on restriction are entered in the Register and in the certificate granted to the patent agent.

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