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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 27, 2000 No. 694

About approval of the Regulations on procedure for customs control concerning the goods containing intellectual property items

(as amended on 23-04-2015)

For the purpose of determination of procedure for customs control concerning the goods containing intellectual property items according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure for customs control concerning the goods containing intellectual property items.

2. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 23.04.2015 No. 254

3. Publish this resolution in mass media.

Prime Minister

A. Muraliyev

Approved by the Order of the Government of the Kyrgyz Republic of November 27, 2000 No. 694

Regulations on procedure for customs control concerning the goods containing intellectual property items

I. General provisions

1. This Provision determines procedure for customs control concerning the goods containing intellectual property items.

2. For the purposes of this provision the following determinations are applied:

intellectual property items - copies of works of science, literature and art; copies of programs of electronic computers, databases, soundtracks; the goods marked by trademarks, service marks, names of places of goods origin;

the owner - person having rights to intellectual property item according to the legislation of the Kyrgyz Republic;

counterfeit goods - the goods containing intellectual property items if movement of such goods through customs border or other actions with the goods which are under customs control involve violation of the rights of the owner protected according to the legislation of the Kyrgyz Republic;

release suspension - adjournment by customs authorities of the Kyrgyz Republic of release or conditional release of the goods containing intellectual property items.

3. Customs authorities of the Kyrgyz Republic within the competence perform protection of the rights of the owner to the intellectual property items included in the Customs register of intellectual property items (further - the Customs register).

II. Request for registration of intellectual property item

4. The application for registration of intellectual property item in the Customs register is submitted by the owner or person who is representing the interests of the owner, having good causes to believe that when moving goods through customs border are broken or their rights to intellectual property items can be violated, in authorized state body in the sphere of customs affairs and includes:

1) the statement which shall contain the following:

- complete data about the owner and if the application is submitted by his representative, about the representative;

- specifying of the intellectual property item which is subject to entering into the Customs register;

- names and addresses of the organizations making its goods and also the organizations having power or the license to use of the intellectual property items belonging to it, the documents confirming power on their use;

- production site of original goods;

- term of protection of the rights to intellectual property items. The specified term cannot be more than 2 (two) years;

2) the documents confirming the rights to intellectual property item. It can be:

- the registration certificate of the trademark and/or service mark issued by authorized state body in the field of intellectual property (further - Kyrgyzpatent);

- the statement from the register of the International bureau of World Intellectual Property Organization about the international registration of the trademark and/or service mark in the territory of the Kyrgyz Republic with the corresponding confirmation of Kyrgyzpatent;

- the certificate on the right to use of the name of the place of goods origin granted by Kyrgyzpatent;

- the registration certificate of copyright if it is registered in Kyrgyzpatenta;

- the contract on assignment of rights for the trademark and service mark (the license agreement, the agreement on concession of the rights) registered in Kyrgyzpatenta and also other documents which the owner can provide to confirmation of the rights to intellectual property items;

- contract on assignment of rights for copyright objects (license agreement, agreement on concession of the rights, author's agreement, etc.);

- insurance contract of civil responsibility of the applicant for damnification to other persons;

- the power of attorney issued by the owner if documents are filed by the representative;

- the certificate of registration as the payer on the VAT issued by tax authorities in accordance with the established procedure;

3) the description of the original goods containing intellectual property item, and if necessary - sample or picture, or other data giving complete idea of appearance of the goods containing intellectual property item;

4) data on import by the applicant of the goods containing intellectual property item, for the period at least 5 (five) years about day of filing of application on inclusion in the Customs register;

5) other information allowing to reveal counterfeit goods:

- name and the address of the importer and/or consignee of the suspected counterfeit goods;

- the detailed description of the suspected goods, including sample and/or picture;

- the country or countries of source and the company issuing the suspected goods;

- the place where presumably suspected goods will be provided for customs clearance;

- mode of transport or the name of the transporting organization;

6) the commitment letter of the owner completed on sample according to appendix to this Provision, about expense recovery of customs authorities (if during certain term after suspension of release of the suspected goods the owner will not provide the documents testimonial of filing of application in the relevant court about the solution of question concerning the detained goods) and losses of the customs applicant (if by the judgment it will be determined that the detained goods are not counterfeit) (further - the obligation).

In the presence of properly drawn up power of attorney on representation of interests of the owner in customs authorities of the Kyrgyz Republic or other document (the license, author's agreement, the agreement of the commercial representation, etc.) delegating such powers, the obligation can be drawn up and provided by the owner's representative.

The document confirming ensuring obligation fulfillment, or the insurance contract of risk of responsibility for damnification for benefit of the customs applicant is enclosed to the application;

7) the document confirming collection payment.

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