ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of May 27, 2002 No. 336

About approval of the Regulations on improvement suggestion in the Kyrgyz Republic

For the purpose of increase in efficiency of efficiency work in the Kyrgyz Republic the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on improvement suggestion in the Kyrgyz Republic.

2. Determine that regulations of this resolution, regulating the questions connected with the registration fees of improvement suggestion, except for collection for the publication of data on registration of improvement suggestion become effective since January 1, 2004.

3. To the ministries, the state committees, administrative departments, state commissions, local public administrations, local government bodies to accept this resolution to execution.

4. Publish this resolution in mass media.

 

Approved by the Order of the Government of the Kyrgyz Republic of May 27, 2002 No. 336

Regulations on improvement suggestion in the Kyrgyz Republic

I. General provisions

1. This Provision regulates the property, and also related personal non-property relations arising in connection with creation, legal protection and use of improvement suggestions.

2. Improvement suggestion the technical, organizational or other proposal which is new and useful to the company is recognized.

3. For the purposes of this provision the company is understood as any legal entity formed according to the Civil code of the Kyrgyz Republic and also the physical person who is engaged in business activity.

II. Conditions of recognition of improvement suggestion new and useful

4. The offer is new to the company if before filing of application in the established form this or identical offer was not known at the company from the sources in the degree sufficient for its practical use which are available for it.

Is not recognized the circumstance influencing novelty of improvement suggestion, its practical use at the initiative of the author within no more than three months before filing of application.

5. The offer is useful if its practical use allows the company to gain economic or other positive effect.

6. Is not recognized, in particular, improvement suggestion:

- the offer reducing reliability, durability and other indicators of product quality or worsening working conditions and ecology;

- symbols, rules, normative and methodical materials;

- the offer concerning appearance of products as such;

- the offer created by engineering employees of the research, design, technological organizations and similar divisions of the companies in the course of accomplishment of office task or contract works.

7. Improvement suggestion is checked for availability of the data which are the state secret.

The improvement suggestion containing data which disclosure can cause damage to state interests is coded according to the legislation of the Kyrgyz Republic.

III. Rights of authors of improvement suggestion

8. The right to improvement suggestion is protected by this Provision and other regulatory legal acts of the Kyrgyz Republic and makes sure the certificate on improvement suggestion which confirms recognition of the declared decision rationalization, priority and authorship to this improvement suggestion, and also the right to remuneration in case of its use.

9. The copyright on improvement suggestion belongs to the citizen by whose creative activity it is created.

The copyright is the inaliennable personal non-property right of the author and is protected is termless.

If improvement suggestion is created by joint creative activity of several citizens, all of them are considered as coauthors of such improvement suggestion.

The citizens who rendered to the author of improvement suggestion only technical, organizational or financial support, or promoting registration of the rights to improvement suggestion and its use in production are not recognized coauthors.

The procedure for use of the rights belonging to coauthors of improvement suggestion is determined by the agreement between them.

IV. Creation and filing of application on registration of improvement suggestion

10. For recognition rationalization the author submits proposals in the State agency on science and intellectual property under the Government of the Kyrgyz Republic (Kyrgyzpatent) the written application on registration of improvement suggestion (further - the statement).

The statement shall belong to one decision.

The statement shall contain:

- surname, name, author's middle name, its residence or location, and also place of employment;

- the description of essence of the offer, including the data sufficient for its use;

- specifying of the company(companies) to which activities improvement suggestion belongs.

The author shall specify the company employer if improvement suggestion belongs to sphere of activity of the employer.

The document confirming payment of collection for giving and consideration of the application in the established size or the bases for release from its payment is enclosed to the application.

The application is submitted in the state or official language.

Other requirements to the statement are established by Kyrgyzpatent.

11. The priority of improvement suggestion is established by date of filing of application in Kyrgyzpatent.

V. Consideration of the application on improvement suggestion

12. Within three days from the date of filing of application of Kyrgyzpatent checks correctness of its registration and payment of collection.

If as a result of check it is determined that in the statement there are no necessary data or it is drawn up with violation of the established requirements, to the applicant the inquiry with the offer within ten-day term from the date of its obtaining is sent to submit the corrected or absent data.

If the applicant will not submit at the scheduled time required data, the application it is considered not given.

In case of positive result of check of Kyrgyzpatent directs the application on the conclusion to the company specified in it.

The company within one month from the date of receipt applications are considered by compliance of the provided offer to the criteria established in Items 2, of the 4 and 5 this provision.

The procedure for consideration of the application is established by the company.

By results of consideration the company sends to Kyrgyzpatent the conclusion about recognition of the offer rationalization or about refusal in recognition of the offer to rationalization.

In case of refusal in recognition of the offer rationalization, in the conclusion the reasons for which the refusal is taken out are specified.

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