of September 15, 2008 No. 517
About approval of the Regulations on duties on registration and provision of right to use by traditional knowledge
According to the Law of the Kyrgyz Republic "About protection of traditional knowledge" the Government of the Kyrgyz Republic decides:
1. Approve the enclosed Regulations on duties on registration and provision of right to use by traditional knowledge.
2. This Resolution becomes effective from the date of official publication.
Prime Minister
I. Chudinov
Approved by the Order of the Government of the Kyrgyz Republic of September 15, 2008 No. 517
1. This Provision establishes procedure, the sizes and payment due dates of duties on making of the legally significant actions connected with registration and provision of right to use by traditional knowledge, provided by the Law of the Kyrgyz Republic "About protection of traditional knowledge" and also the bases for duty relief and reduction of their sizes.
2. The sizes of duties provided by this Provision are established in national currency of the Kyrgyz Republic - som.
3. Paragraph of ceased to be valid.
The document confirming payment of duty is the copy of the payment order having stamp of bank about payment or the bank receipt about payment of duties cash or transfer from personal account.
The document confirming payment of duties shall contain registration requisition number on registration and provision of right to use by traditional knowledge, or requisition number on registration and provision of right to use by already registered traditional knowledge (further - the request for traditional knowledge), or certificate number about registration and provision of right to use by traditional knowledge, or certificate number about registration and provision of right to use by already registered traditional knowledge (further - the certificate), and the name of legal act for which the duty is paid. If registration number is not assigned to the request for traditional knowledge yet, the specified document along with the name of action for which the duty is paid, shall contain the name of traditional knowledge and the name of the applicant. The document in which there are no specified data is invalid.
4. Compliance of the size of the paid duty to the established size is determined for date of its payment.
5. The paid amount of duty is not subject to return, except as specified, when its payment was made in the amount of, exceeding established by this Provision or when action for which the duty was paid, was not made.
6. Excessively paid amount of duty in accordance with the established procedure returns or, at the request of the petitioning person, is set off on account of payment of other duties provided by this Provision which payment is admissible for date of submission of the petition.
7. The following privileges on payment of the duties established by the Section II of this provision are provided to persons who are owners of traditional knowledge:
a) the participants of the Great Patriotic War or persons equated to them, persons with limited opportunities of health of the first and second groups of disability and also the state bodies and organizations financed from the republican budget completely are exempted from payment of duties;
b) physical persons pay 10 percent of the sizes of duties;
c) non-profit organizations, except for the organizations provided by the subitem "an" of this Item pay 30 percent of the sizes of duties.
+--------------------------------------------------------------------+ ¦№¦ Назначение пошлины ¦Размер пошлины¦ ¦ ¦ ¦ в сомах ¦ +-+---------------------------------------------------+--------------¦ ¦1¦Подача заявки на традиционное знание и проведение ¦ 1080,0 ¦ ¦ ¦ее рассмотрения ¦ ¦ +--------------------------------------------------------------------+
The document confirming payment of duty is submitted along with application for traditional knowledge in authorized state body in the field of intellectual property.
+--------------------------------------------------------------------+ ¦№¦ Назначение пошлины ¦Размер пошлины¦ ¦ ¦ ¦ в сомах ¦ +-+---------------------------------------------------+--------------¦ ¦2¦Регистрация традиционного знания и выдача ¦ 900,0 ¦ ¦ ¦свидетельства ¦ ¦ +--------------------------------------------------------------------+
The document confirming payment of duty is submitted within two months from the date of receipt by the applicant of the decision on registration and/or provision of right to use by traditional knowledge.
The document confirming payment of duty can be provided within three months from the date of the expiration of two-month term. In this case the size of duty increases by 50 percent.
In case of non-presentation in the specified time of the document confirming payment of duty in the established size registration of traditional knowledge and issue of the certificate is not made.
+--------------------------------------------------------------------+ ¦№¦ Назначение пошлины ¦Размер пошлины¦ ¦ ¦ ¦ в сомах ¦ +-+---------------------------------------------------+--------------¦ ¦3¦Публикация в официальном бюллетене сведений о ¦ 540,0 ¦ ¦ ¦традиционном знании ¦ ¦ +--------------------------------------------------------------------+
The publication of data on traditional knowledge in the statement is performed at the request of the owner of traditional knowledge.
The document confirming payment of duty is submitted within three months from the date of entering of data into the State register of traditional knowledge.
In case of non-presentation of the document confirming payment of duty in the established size, the publication in the statement of data on traditional knowledge is not performed.
+--------------------------------------------------------------------+ ¦№¦ Назначение пошлины ¦Размер пошлины¦ ¦ ¦
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