The agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on cooperation in the field of protection of industrial property
of April 8, 1997
The government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic which are hereinafter referred to as with the Parties
in view of historically developed relations between two states,
wishing to develop trade and economic and sci-tech cooperation,
recognizing that necessary condition for development of such cooperation is effective and adequate protection of industrial property,
understanding need of creation for this purpose of concurrent favorable conditions for protection of the rights of authors and owners of industrial property,
agreed as follows:
The parties perform and develop cooperation in the field of protection and use of the rights to inventions, industrial designs, trademarks and other objects of industrial property on the basis of mutual advantage and equality according to this agreement and other international treaties which participants they are or will be.
The cooperation of the Parties will be directed on:
settlement, connected with protection and use of the rights to objects of industrial property;
harmonization of national legal acts in the field of protection of industrial property;
mutual simplification of the procedure of submission of requests for issue of security documents of applicants of the Republic of Kazakhstan in the Kyrgyz Republic and applicants of the Kyrgyz Republic in the Republic of Kazakhstan;
exchange of information, regulating and other documents, and also experience, and specialists in the field of protection of industrial property.
In the field of protection of industrial property physical persons and legal entities of one state will use the same rights and benefits which are granted now in the territory of other state or will be provided by the legislation of this other state to its own physical persons and legal entities, using the same legal remedies on the same bases and in the same amount.
At the same time on the questions which are not settled by this agreement, the Parties will apply provisions of the Parisian Convention on protection of the industrial property accepted on March 20, 1883 and reviewed in Stockholm on July 14, 1967.
Each of the Parties will take the necessary measures providing:
recognition of action in the territory of earlier issued security documents of the USSR on objects of industrial property;
payment to authors of remuneration for use of the inventions and industrial designs protected by copyright certificates and certificates of the USSR according to legal acts of that state in which the specified use took place;
transformation of copyright certificates of the USSR on inventions and certificates of the USSR on industrial designs in national patents for remaining period of action;
provision to applicants of both states and their patent agents of the right to draw up requests for issue of national security documents and the petition on transformation of security documents of the USSR to national security documents, and also to correspond, connected with these requests and petitions, in Russian.
The parties are recognized that any physical person or legal entity of the Republic of Kazakhstan and the Kyrgyz Republic keeps right to use of the invention or industrial design without the conclusion of the license agreement if use of this invention or industrial design legally began before date of submission by other persons of the petition for issue of the national patent for the invention or industrial design on which or on which the copyright certificate or the certificate USSR is granted.
At the same time payment to authors of remunerations to be made according to the procedure, established by the legislation of the state in the territory of which the specified invention or industrial design is worked or will be worked.
In case of submission of requests for issue of security documents, receipt of security documents and maintenance them in force patent agents of both states on the basis of the principle of reciprocity can run business directly with patent authorities of these states, representing at the same time the interests only of national applicants. National applicants of one state according to the procedure, determined by its legal acts, are also granted the right on the basis of the principle of reciprocity to run business on receipt of security documents and their maintenance in force is direct with patent authority of other state.
The applications for patent grant from applicants of one state submitted to patent authority of other state will be accepted in the presence of data on national priority.
The parties recognize as the compulsory provision in case of application by the applicant of other state provision of the document confirming observance by the applicant of requirements of the national legal system concerning procedure for foreign patenting of objects of industrial property.
Payment of duties on submission of requests, issue of security documents, their maintenance in force and making of other legally significant actions connected with protection and use of industrial property and also introduction of payments for rendering other services is made in currency and the sizes, stipulated by the legislation the Republic of Kazakhstan and the Kyrgyz Republic for payment of duties and payments by national applicants on the rate established by competent authorities of the Republic of Kazakhstan and the Kyrgyz Republic.
The parties assume liability about inclusion in the prepared bilateral agreements about economic, industrial, scientific and technical cooperation of regulations on ensuring protection of objects of industrial property.
All documents directed by the Parties each other during implementation of this agreement are represented in Russian.
Patent authorities of the Parties are responsible for implementation of this agreement:
in the Republic of Kazakhstan - patent authority of the Republic of Kazakhstan (Казпатент).
in the Kyrgyz Republic - the State agency of intellectual property under the Government of the Kyrgyz Republic (Кыргызпатент);
The procedure and conditions of cooperation of patent authorities of both states will be will be determined by special agreements between them.
In case of disagreements on the questions following from this agreement or connected with its accomplishment, agents of the parties will hold the corresponding consultations and will make necessary efforts for achievement of settlement of these disagreements.
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