ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 29, 2012 No. 155

About approval of the Regulations on the state registers of intellectual property items of the Kyrgyz Republic

According to the laws of the Kyrgyz Republic "Patent law", "About copyright and the related rights", "About trademarks, service marks, geographical instructions and names of places of goods origin", "About legal protection of topology of integrated chips", "About legal protection of selection achievements", "About patent agents", the Regulations on well-known trademarks in the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of August 24, 2000 No. 520, and the Regulations on improvement suggestion in the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of May 27, 2002 No. 536, the Government of the Kyrgyz Republic decides:

1. Approve Regulations on the state registers of intellectual property items of the Kyrgyz Republic according to appendix.

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

Appendix

Regulations on the state registers of intellectual property items of the Kyrgyz Republic

This Regulations on the state registers of intellectual property items of the Kyrgyz Republic determine procedure for maintaining the state registers of intellectual property items of the Kyrgyz Republic (further - State registries of OIC).

1. The main reducings used in this Provision:

VOIS - World Intellectual Property Organization;

VOIS ST.9 - Recommendations about bibliographic data in patent documents and certificates of additional protection;

VOIS ST.60 - The recommendations relating to bibliographic data on trademarks;

VOIS ST.80 - The recommendations relating to bibliographic data on industrial designs;

ENID - Codes of bibliographic these patent documents;

MPK - International patent classification;

RUTI - Agreement on patent cooperation;

MKTU - The international classification of goods and services for registration of signs. The Kyrgyz Republic joined according to the Law of the Kyrgyz Republic "About accession of the Kyrgyz Republic to the Nizzky agreement on the International classification of goods and services for registration of signs";

MKPO - International classification of industrial designs;

The USSR - the Union of Soviet Socialist Republics;

department of registers - structural division of Kyrgyzpatent;

Identifier of objects of copyright:

C01 - literary works (literary art, scientific, educational, publicistic and other works);

C02 - drama and scenario works;

C03 - musical and drama works;

C04 - choreographic works and pantomimes;

C05 - pieces of music with the text or without text;

C06 - performing painting, sculpture, graphics, design and other works of the fine arts;

C07 - performing arts and crafts and scenographic art;

C08 - works of architecture, town planning and landscape gardening art;

C09 - the photographic works and works received by the method similar to the photo;

C10 - the geographical, geological and other cards, plans, sketches and works relating to geography, topography and other sciences;

C20 - audiovisual works (film, TV and videos, slide movies and other video works);

Identifier of objects of the related rights:

P21 - statements;

P22 - execution;

P23 - soundtracks;

P24 - transfers of the organizations of radio and cable broadcasting.

2. State registries of OIC are the official documents intended for registration of intellectual property items to which legal protection in the Kyrgyz Republic, and also all changes of their legal status is provided.

State registries of OIC represent the books which are page by page numbered, strung together and certified by seal subject to permanent storage in department of registers.

The state electronic register of OIC is the public database intended for registration of OIC to which legal protection in the Kyrgyz Republic, and also all changes of their legal status is provided.

State registries of OIC of the Kyrgyz Republic include:

1) State register of inventions of the Kyrgyz Republic;

2) State register of useful models of the Kyrgyz Republic;

3) State register of industrial designs of the Kyrgyz Republic;

4) State register of trademarks, service marks of the Kyrgyz Republic;

5) State register of well-known trademarks of the Kyrgyz Republic;

6) State register of geographical instructions and names of places of goods origin of the Kyrgyz Republic;

7) State register of trade names of the Kyrgyz Republic;

8) The state register of the protected selection achievements of the Kyrgyz Republic;

9) State register of programs for electronic computers of the Kyrgyz Republic;

10) State register of databases of the Kyrgyz Republic;

11) State register of topology of integrated chips of the Kyrgyz Republic;

12) State register of objects of copyright of the Kyrgyz Republic;

13) State register of objects of the related rights of the Kyrgyz Republic;

14) Register of improvement suggestions of the Kyrgyz Republic;

15) State register of patent agents of the Kyrgyz Republic;

16) State register of traditional knowledge of the Kyrgyz Republic.

According to the statement of the applicant the electronic security document can be issued (the patent for the invention, useful model, industrial design, selection achievement, the certificate for the trademark, service mark, well-known trademarks, geographical specifying and the name of the place of goods origin, for object of copyright, object of the related rights, the computer programs, topology of integrated chips, on improvement suggestions, traditional knowledge).

According to the statement of the patent agent the electronic certificate can be granted.

The procedure for maintaining above-mentioned state registries of OIC is given in appendices 1 - 16 to this Provision.

Appendix 1

to Regulations on the state registers of intellectual property items of the Kyrgyz Republic

Procedure for maintaining the State register of inventions of the Kyrgyz Republic

1. Invention order of registration in the State registry of IZ

1. The state register of inventions of the Kyrgyz Republic (further - the State registry of IZ), is the official document intended for registration of inventions on which patents of the Kyrgyz Republic for the invention are granted (further - patents), and also changes of their legal status.

2. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 17.01.2024 No. 12

3. The basis for entering into the State registry of IZ of data on the invention are the decision on patent grant on the invention and payment of duty on registration of the invention, the publication and patent grant.

The document confirming payment of duty on registration, the publication and patent grant is submitted within three months from the date of the direction to the applicant of the decision on patent grant or within three months from the date of the expiration of the specified three-months term on condition of payment of additional duty.

4. In case of registration of the invention in the State registry of IZ introduction of data is performed according to the VOIS ST.9 standard with putting down of codes of INID for identification of bibliographic data.

5. In the State registry of IZ the following data are entered:

- number of the security document USSR (10);

- number of registration in the State registry FROM (11);

- document type (12);

- registration date of the invention in the State registry FROM (15);

- registration requisition number (for re-registration of security documents of the USSR - requisition number of the USSR) (21);

- date of application (22);

- effective date of the property rights to the invention (24);

- requisition number based on which the conventional priority is asked (31);

- date of conventional priority (32);

- country of conventional priority (33);

- date of the publication of data on the invention, number of the bulletin (46);

- MPK(51) index(es);

- name of the invention (54);

- invention formula (57);

- number and date of submission of the initial request from which this request is selected (62);

- surname, name, middle name or full name of the applicant(s), country code (71);

- surname, name, author(s) middle name, country code (72);

- surname, name, middle name or full name of the owner of the patent, country code (73);

- surname, name, middle name and registration number of the patent agent (74);

- the author(s) who is (yutsyatsya) also by the applicant(s), country code (75);

- the author(s) who is (yutsyatsya) also by the applicant(s) and the owner (Amy) of the patent, country code (76);

- registration these application forms of RUTI: registration number, date of giving (86);

- the address for correspondence (98).

2. Procedure for modification and amendments in the State registry of IZ

6. In the course of maintaining the State registry of IZ the following changes and additional data can be made to it:

- about change of the name or name of the owner of the patent and/or change of its address of the location (residence);

- about the registered agreement on concession of the patent or the license agreement on provision of the right to use the invention;

- about provision of the open license;

- about recognition of the patent invalid fully or partially;

- the paragraph the fifth Item 6 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 21.09.2015 No. 652

- about cancellation of the patent;

- about change of formula of the invention in case of recognition of the patent invalid partially;

- about correction of plain and technical errors;

- about issue of the duplicate of the patent, certificate of the author;

- about recovery of action of the patent;

- about concession of the right to the patent;

- about maintenance of the patent in force;

- about transition of the right according to the procedure of legal succession (by inheritance).

1) Introduction of data on change of the name or name of the owner of the patent and/or address of its location (residence).

The basis for entering into the State registry of IZ of data on change of the name or name of the owner of the patent and/or the address of its location (residence) is the statement of the owner of the patent, or his legal successor, representative.

The statement shall contain the following data:

- number of the patent;

- requisition number;

- date of application;

- name of the invention;

- former and new surname, name, middle name or full name and address of the owner of the patent.

The following documents shall be enclosed to the application:

- the copy of the document confirming competence of changes (the notarized copy of the certificate on the right to inheritance);

- the paragraph the eleventh the subitem 1) Item 6 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 21.09.2015 No. 652

- the document on payment of the established duty;

- the power of attorney issued by the owner of the patent to the patent agent registered in Kyrgyzpatenta if the application is submitted through it.

Modification can be connected with change of the name or name of the owner of the patent in connection with its reorganization.

In this case the document confirming competence of changes is:

- the official document of the authorized state body which performed reorganization;

- the judgment about reorganization and legal succession;

- articles of organization with mark about reorganization.

Foreign legal entities submit the document confirming competence of changes according to the legislation of the country where there were specified changes.

Documents are considered within a month from the date of their receipt. In the course of consideration to the owner of the patent, the patent agent or the representative the inquiry of the lacking or specifying materials can be sent to the postal or e-mail address. In case of sending an inquiry the term of consideration of documents is respectively prolonged for one month.

In case of positive result of consideration of documents department of registers:

- brings in the State registry of IZ and additional leaf to the patent new surname, name, middle names or the name and (or) the address of the residence/location of the owner of the patent;

- directs the notice on the made changes to the publication;

- sends to the postal or e-mail address of the owner of the patent, the patent agent or representative additional leaf to the patent with the made changes.

2) Introduction of data on the registered agreement on concession of the patent, the complex entrepreneurial license or the license agreement on provision of the right to use the invention.

The basis for entering into the State registry of IZ of data on the registered agreement on concession of the patent, the complex entrepreneurial license or the license agreement about provision of the right to use the invention Kyrgyzpatent's decision is.

In case of registration of the agreement on concession of the patent, complex entrepreneurial license or license agreement about provision of the right to use the invention department of registers within a month from the date of receipt of the decision:

- enters the corresponding data in the State registry of IZ and additional leaf to the patent;

- sends to the postal or e-mail address of the owner of the patent, the patent agent or representative additional leaf to the patent with the entered data.

At the same time in the State registry of IZ and additional leaf to the patent the following data are entered:

- under the agreement on concession:

legal successor;

date of decision about registration of the agreement;

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