LAW OF THE KYRGYZ REPUBLIC

of July 16, 1999 No. 74

About employee inventions, useful models, industrial designs

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 15, 1999

Article 1. Regulation subject

This Law governs the relations arising between the employer and the worker in connection with creation and use of employee inventions, useful models, industrial designs.

Provisions of this Law extend to the employee inventions, useful models, industrial designs created at the companies in organizations, the organizations (further - the organization) any patterns of ownership.

Article 2. Basic concepts

For the purposes of this Law the terms provided below have the following value:

the employer - legal entity or physical person which by the legislation is granted the right of the conclusion and the termination of the employment contract with the worker;

the worker - the author or authors (further - the author) the employee invention, useful model, industrial design consisting with the employer in the employment (office) relationships (including in combination) according to the legislation of the Kyrgyz Republic;

the employer's legal successor - legal entity or physical person to which legally passed from the employer the right to application for patent grant to the employee invention, to office useful model or the patent for office industrial design (the daleeokhranny document) or the right to the security document according to the submitted application or for the security document;

the employee inventions, useful models, industrial obraztsyizobreteniye, useful models, industrial designs created by the worker during action of the employment (office) relationships according to the legislation of the Kyrgyz Republic as a result of accomplishment by the worker of the labor (office) obligations determined by job descriptions, regulations on structural divisions, charters of the organizations and other similar documents or in case of accomplishment by it of specific task of the employer fixed in the corresponding documentation of which the worker was informed before creation of the employee invention, useful model, industrial design.

Article 3. Legislation of the Kyrgyz Republic on employee inventions, useful models, industrial designs

The legislation of the Kyrgyz Republic on employee inventions, useful models, industrial designs consists of the Civil code of the Kyrgyz Republic, the Patent law of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic.

Article 4. Inventions, useful models, industrial designs which are not recognized by office

Inventions, useful models, industrial designs are not recognized office:

created by authors in case of performance of works on the basis of the civil agreements signed by them;

created by workers whose labor (office) obligations or specific tasks issued to them do not join work on creation of inventions, useful models, industrial designs.

Article 5. Rights to employee inventions, useful models, industrial designs

1. The right to application and receipt of the security document for employee inventions, useful models, industrial designs belongs to the employer if other is not provided by the contract between him and the worker.

The copyright and other personal non-property rights remain for the author. He has also the right to remuneration.

2. The rights to the inventions, useful models, industrial designs specified in article 4 of this Law belong to authors.

3. The right to the inventions, useful models, industrial designs created with use of information, experience, material, technical and other means of the employer, but not in connection with accomplishment by the worker of labor (office) obligations or specific task of the employer belongs to the worker if the employment contract between it and the employer does not provide other. In this case the employer has the right to use the employee invention, useful model, industrial design in own production with payment to the owner of the security document of compensation determined on contractual basis.

4. If employee inventions, useful models, industrial designs are created by joint creative activity of several authors whom person who is not the employee of the organization in which they are created competences of such person is among are determined by the agreement signed by it with the organization and other authors.

Article 6. Notifications of the employer on creation of the employee invention, useful model, industrial design

The worker who created the employee invention, useful model, industrial design shall notify on it the employer in writing within a month from the date of creation of the invention, useful model, industrial design. The notification shall be signed by the worker and contain the characteristic of the created object sufficient for execution of the request for the employee invention, useful model, industrial design. The notification is made also in the cases provided by Items 3 and 4 of article 5 of this Law.

Article 7. Consideration by the employer of the notification on creation of the employee invention, useful model, industrial design

1. The notification on creation of the employee invention, useful model, industrial design shall be registered by the employer in day of its giving what the worker shall be informed in writing on.

2. The employer shall in four-months time from the date of receipt of the notification on creation of the employee invention, useful model, industrial design to submit the application to authorized state body of the Kyrgyz Republic in the field of intellectual property, or to assign the right to application and receipt of the security document to other person, including the author of the created employee invention, useful model, industrial design, or to make the decision on preserving their content in secret and in writing to report to the author about the made decision.

If the employer or his legal successor within four months from the date of the notification does not submit the application to authorized state body in the field of intellectual property, will not assign the right to application and receipt of the security document to the author or other person, will not report to the author about need of preserving contents of the employee invention, useful model, industrial design in secret, the author has the right to submit the application to Kyrgyzpatent and to receive the security document on the name. In this case the employer has the right to use the employee invention, useful model, industrial design in own production with payment to the owner of the security document of compensation determined on contractual basis.

3. If the notification signed by the worker according to article 6 of this Law does not contain data, necessary for execution of the request, they can be requested within a month from the date of receipt of the notification. In this case the current of the term specified in Item 2 of this Article stops and renews on receipt of the requested data.

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