ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of May 26, 1999 No. 286

About approval of the Regulations on the registration fees of programs for electronic computers, databases and topology of integrated chips

According to the laws of the Kyrgyz Republic "About legal protection of programs for electronic computers and databases" and "About legal protection of topology of integrated chips" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on the registration fees of programs for electronic computers, databases and topology of integrated chips.

2. Publish this resolution in mass media.

Approved by the Order of the Government of the Kyrgyz Republic of May 26, 1999 No. 286

Regulations on the registration fees of programs for electronic computers, databases and topology of integrated chips

1. This Provision establishes procedure, the sizes and payment due dates of the charges connected with registration of programs for electronic computers (further - EVM), databases (further - DB) and topology of integrated chips (further - TIMS), agreements on transfer of the right, and also for the publication of the data and other legally significant actions provided by the laws of the Kyrgyz Republic "About legal protection of programs for electronic computers and databases" and "About legal protection of topology of integrated chips" and is approved with antimonopoly authorities of the Kyrgyz Republic.

2. The amount of collection provided by this Provision is established in US dollars and given in Appendix.

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 amount of collection 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 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. Physical persons, irrespective of their residence, and non-profit organizations, irrespective of their location, the asking certificate on official registration for the computer program, DB, TIMS on the name, pay charges in the sizes constituting 10 percent from the amount of the charges established by this Provision.

4. Small enterprises, irrespective of their location, the computer programs asking the certificate on official registration, DB, TIMS on the name, pay charges in the sizes constituting 50 percent from the amount of the charges established by this Provision.

5. Ceased to be valid the Order of the Government KR of December 14, 2002 No. 850

6. The status of the applicants specified in Items 3 and 4 of this provision is determined by the legislation of the country where applicants have respectively residence and the location.

In the Kyrgyz Republic the status of small enterprise is determined by the main scheme of the qualifier of types of the companies.

If the applicants asking the certificate for official registration for the name, several, then above-stated reduced rate is applied only when all applicants belong to any category of persons specified in Items 3 and 4 of this provision.

The applicants having the right to reduced rate submit the documents confirming their compliance of the preferential category specified in Items 3, 4 this provision.

7. In case of registration of license agreements, agreements on concession of action of the privileges provided by Items 3, 4 and the subitem "b" of Item 8 of this provision, stops.

8. The following privileges on payment of charges are provided to the persons who are authors of the computer program, DB, TIMS and asking the certificate on official registration for the name, or being their owners:

a) the participants of the Great Patriotic War or persons equated to them, disabled people of the I group - are exempted from payment of charges;

b) pensioners, disabled people II, III groups, graduate students, students and/or pupils of educational institution - pay charges in the sizes constituting 50 percent from the charges established by this Provision.

The specified privileges are provided according to the petition of the applicant submitted to the State agency on science and intellectual property under the Government of the Kyrgyz Republic (Kyrgyzpatent) instead of the document confirming collection payment if privilege is exemption of this collection, or together with the specified document if privilege is reduction of its size.

The basis for provision of privilege is the certificate of the participant of the Great Patriotic War, the certificate of the participant of war for faces of civilian structure, the certificate for work (or service) in days of the Great Patriotic War in the back, the pension certificate, the document issued by educational or scientific institution.

9. The charges established by this Provision are paid in accordance with the established procedure, by transfer of the corresponding amounts to the settlement account of Kyrgyzpatent.

The document confirming collection payment is the copy of the payment order certified by bank or the receipt on postal order, and also the bank receipt or Kyrgyzpatent's accounts departments.

The document confirming collection payment shall contain the name of action for which collection, name (name) of the applicant, the name of the computer program, DB, TIMS is paid. If the specified document is submitted after receipt of the request to Kyrgyzpatent, then it shall contain registration requisition number (certificates) and the name of action for which collection is paid. The document in which there are no specified data is invalid.

Fee paid compliance to the established size is determined by date of its payment.

Non-presentation of the documents confirming payment of collection in the established size leads to cessation of work, connected with registration.

10. The fee paid 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 collection was paid, was not made.

In these cases according to the petition of the applicant, representative (person) who paid collection, excessively paid amount of collection in accordance with the established procedure returns, or at the request of the petitioning person is set off on account of payment of others, provided by this Provision, charges.

Appendix

Amount of registration fees for registration of the computer programs, DB and TIMS

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