RESOLUTION OF PROVISIONAL GOVERNMENT OF THE KYRGYZ REPUBLIC

of July 9, 2010 No. 117

About approval of Rules of giving of objections, statements and their considerations in Appeal council under Public service of intellectual property and innovations under the Government of the Kyrgyz Republic

For the purpose of implementation of the Patent law of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin", "About legal protection of selection achievements" and according to the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic" the Provisional Government of the Kyrgyz Republic decides:

1. Approve the enclosed Rules of giving of objections, statements and their consideration in Appeal council under Public service of intellectual property and innovations under the Government of the Kyrgyz Republic.

2. This resolution becomes effective from the date of official publication. 

Approved by the Resolution of Provisional Government of the Kyrgyz Republic of July 9, 2010 No. 117

Rules of giving of objections, statements and their consideration in Appeal council under Public service of intellectual property and innovations under the Government of the Kyrgyz Republic

I. General provisions

1. These rules determine procedure for giving of objections, statements and their consideration in Appeal council under Public service of intellectual property and innovations under the Government of the Kyrgyz Republic (further - Rules).

2. Appeal council under Public service of intellectual property and innovations under the Government of the Kyrgyz Republic (further - Appeal council) is obligatory primary body for consideration of disputes over questions of protectability of objects of industrial property and selection achievements in the Kyrgyz Republic, and also realizes other powers referred to competence of Appeal council by these rules and other regulatory legal acts of the Kyrgyz Republic.

The structure of Appeal council is created and affirms the order of Public service of intellectual property and innovations under the Government of the Kyrgyz Republic (further - Kyrgyzpatent) from the most competent employees of Kyrgyzpatent and the organizations subordinated to it in number of 7 members.

II. Objections and applications submitted to Appeal council

3. In Appeal council according to the Patent law of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin", "About legal protection of selection achievements" and the international treaties which came in accordance with the established procedure into force which participant is the Kyrgyz Republic the following objections and applications can be submitted:

1) on decisions on patent refusal on the invention, industrial design, useful model, selection achievement;

2) on solutions of preliminary expert examination on refusal in registration of the trademark, service mark and the name of the place of goods origin;

3) on solutions of examination on preliminary refusal in registration of the trademark, service mark according to the Madrid agreement on the international registration of signs of April 14, 1891 revised in Brussels on December 14, 1900 in Washington - on June 2, 1911, in the Hague - on November 6, 1925, in London - on June 2, 1934, in Nice - on June 15, 1957 and in Stockholm - on July 14, 1967 (further - the Madrid agreement on the international registration of signs);

4) on solutions of examination on preliminary refusal in registration of the trademark, service mark according to the Protocol to the Madrid agreement on the international registration of signs of June 28, 1989 (further - the Protocol to the Madrid agreement on the international registration of signs);

5) on solutions of formal or preliminary expert examination on patent refusal on the invention, industrial design, useful model;

6) against application for selection achievement;

7) on decisions on refusal in the registration of the trademark, service mark accepted by results of examination of the declared designation;

8) on final refusals in registration of the trademark, service mark by results of examination of the declared designation according to the Madrid agreement on the international registration of signs;

9) on final refusals in registration of the trademark, service mark by results of examination of the declared designation according to the Protocol to the Madrid agreement on the international registration of signs;

10) on decisions on refusal in registration of the name of the place of goods origin and provision of right to use by it, right to use provision by already registered name of the place of goods origin, accepted by results of examination of the declared designation;

11) on the decisions on registration of the trademark, service mark accepted by results of examination of the declared designation including in cases:

- exceptions examination from protection of one or several elements of sign;

- changes by examination of the inventory provided by the applicant for which registration of sign was asked;

12) ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 20.01.2017 No. 37

13) ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 20.01.2017 No. 37

14) against patent grant on the invention, including the patent for the invention which is taken out according to the Eurasian patent convention, industrial design, useful model, selection achievement;

15) against registration of the trademark, service mark;

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