ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of May 14, 1999 No. 259

About approval of the Regulations on duties on patenting of selection achievements

According to the Law of the Kyrgyz Republic "About legal protection of selection achievements" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on duties on patenting of selection achievements.

2. Publish this resolution in mass media.

Approved by the Order of the Government of the Kyrgyz Republic on May 14, 1999 No. 259

Regulations on duties on patenting of selection achievements

Section I. General provisions

1. This Provision establishes procedure, the sizes and payment due dates of duties on making of the legally significant actions provided by the Law of the Kyrgyz Republic "About legal protection of selection achievements".

The sizes of duties on patenting of selection achievements are established by the Government of the Kyrgyz Republic in coordination with antimonopoly authorities of the Kyrgyz Republic.

2. The sizes of duties provided by this Provision are established in US dollars.

At the same time calculations are made:

- for the physical persons and legal entities of the Kyrgyz Republic having the permanent residence or the location in the territory of the Kyrgyz Republic in som, in the sizes equivalent to the established sizes of duties on the rate of National Bank of the Kyrgyz Republic operating for transaction date;

- for the physical persons and legal entities having the permanent residence or the location out of the territory of the Kyrgyz Republic in freely convertible currency, taking into account the rate of this currency operating at the time of payment in relation to US dollar.

3. Small enterprises (according to the main scheme of the qualifier of types of the companies) irrespective of their location, pay duties in the sizes constituting 50 percent from the sizes of the duties established by this Provision.

4. Physical persons and non-profit organizations, irrespective of their residence or the location, pay duties in the sizes constituting 25 percent from the sizes of the duties established by this Provision.

5. The status of the applicants specified in Items 3, 4 Sections I of this provision is determined by the legislation of the country where applicants have respectively residence or the location.

The above-stated reduced rate is applied only when all applicants (if them a little) belong to any category of persons specified in Items 3, 4 Sections I of this provision.

The applicants having the right to reduced rate provide the documents confirming this right.

6. In case of the conclusion of the license agreement, the agreement on patent concession, action of the privileges provided by Items 3, 4 Sections I of this provision stops.

7. The following privileges on payment of duties are provided to the persons who are the single authors of selection achievements, and asking the patent for the name or being the single owners of the patent:

a) participants of the Great Patriotic War, or persons equated to them and also disabled people of the I group are completely exempted from payment of duties;

b) pensioners, disabled people II and III groups, pupils and students of educational institutions, graduate students pay duties in the amount of 50% of the established preferential sizes of the duties provided by this Provision.

In case of the conclusion of the license agreement, the agreement on patent concession, action of the privileges provided by the subitem "b" of this Item stops.

The privileges provided by subitems "an" and "b" of this Item are provided according to the petition of the applicant, owner of the patent. The basis for provision of privilege is the copy of the relevant document: certificates of the participant of the Great Patriotic War, the certificate of the participant of war for faces of civilian structure, the certificate issued for work (or service) in days of the Great Patriotic War in the back, references of medical labor commission of experts, the pension certificate, the document issued by educational or scientific institution.

8. The petition for provision of privileges on payment of duties, moves in Kyrgyzpatent together with the document confirming payment of the corresponding duty on reduced rate.

9. Three-annual delay from payment of duties on application for patent grant and conducting preliminary expert examination for which collection of duty is stipulated in Item 1, the Section II of this provision can be provided to the applicant. The specified delay is granted according to the petition of the applicant, with the simultaneous payment of 25 percent from the size which is subject to payment of fees. Surcharge of 75 percent from the size, the subject payment of fees, shall be made before the expiration of the last of the specified three years.

If the security document is not issued or its action will be stopped ahead of schedule within the specified three years, person petitioning for delay is exempted from surcharge.

10. The duties established by this Provision are paid in accordance with the established procedure by transfer of the corresponding amounts to the settlement account of the State agency on science and intellectual property under the Government of the Kyrgyz Republic (daleekyrgyzpatent).

The document confirming payment of duty is the copy of the payment order having stamp of bank about payment or the bank receipt about payment of duty cash or transfer from personal account.

The document confirming payment of duty shall contain registration requisition number or the patent if this document is submitted after receipt of the request to Kyrgyzpatent, and the name of action for which the duty is paid. If registration number is not assigned to the request yet, the specified document along with the name of action for which the duty is paid, shall contain the name of selection achievement, and also surname of the original author or the name of the applicant. The document in which there are no specified data is invalid.

Compliance of the size of the paid duty to established is determined for date of its payment.

11. The paid duty is not subject to return, except as specified, when its payment was made in the amount of, exceeding established by this Provision or when action for which the duty was paid, was not made.

In these cases according to the petition of the applicant, person who paid duty, excessively paid amount of duty in accordance with the established procedure returns, or, at the request of the petitioning person, is set off on account of payment of other duties provided by this Provision which payment is admissible for date of submission of the petition.

Section II. Duties on patenting of selection achievements

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