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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 3, 2016 No. 523

About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, selection achievements, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin and registration of patent agents

(as amended on 12-08-2022)

For the purpose of enhancement of procedures of provision of legal protection to the intellectual property items belonging to physical persons and legal entities of the Kyrgyz Republic according to the Patent law of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About legal protection of selection achievements", "About trademarks, service marks and names of places of goods origin", "About patent agents", 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 Regulations on duties on patenting of inventions, useful models, industrial designs, selection achievements, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin and registration of patent agents according to appendix.

2. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin" of June 12, 1998 No. 346;

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on duties on patenting of selection achievements" of May 14, 1999 No. 259;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of June 12, 1998 No. 346 "About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin" of January 5, 2000 No. 1;

- Item 2 of the order of the Government of the Kyrgyz Republic "About implementation of the Law of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin" of August 24, 2000 No. 520;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of June 12, 1998 No. 346 "About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin" of August 5, 2003 No. 489;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of June 12, 1998 No. 346 "About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks of names of places of goods origin, right to use provision by names of places of goods origin" of November 4, 2003 No. 698;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of June 12, 1998 No. 346 "About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin" of September 2, 2004 No. 657;

- the order of the Government of the Kyrgyz Republic "About entering of amendments into the order of the Government of the Kyrgyz Republic of June 12, 1998 No. 346 "About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin" of September 12, 2005 No. 424;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of June 12, 1998 No. 346 "About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin" of October 31, 2006 No. 752;

- Item 1 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic in the field of intellectual property" of April 1, 2013 No. 163;

- Item 1 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of May 20, 2014 No. 263;

- Item 2 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of September 21, 2015 No. 652;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic "About approval of the Regulations on duties on patenting of inventions, useful models, industrial designs, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin" of June 12, 1998 No. 346" of February 1, 2016 No. 45.

3. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister

S.Zheenbekov

Appendix

Regulations on duties on patenting of inventions, useful models, industrial designs, selection achievements, registration of trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin and registration of patent agents

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 Patent law of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About legal protection of selection achievements", "About trademarks, service marks and names of places of goods origin" and "About patent agents" and also the bases for duty relief and reduction of their sizes.

2. The sizes of duties are established in settlement indicators and paid in national currency.

In case of application by nonresidents of the Kyrgyz Republic for registration of inventions, useful models, industrial designs, trademarks, service marks, names of places of goods origin, right to use provision by names of places of goods origin (further - objects of industrial property), registration of selection achievements, the duty can be paid in freely convertible currency in the amount of, equivalent to the established duty size, on the rate of National Bank of the Kyrgyz Republic operating on payment date.

3. The following privileges on payment of the duties established by Sections II and IV of this provision are provided to the persons who are the single authors of inventions, useful models, selection achievements and asking the patent for the name or being the single owners of the patent for the invention, useful model, selection achievement:

a) the participants of the Great Patriotic War or persons equated to them and also persons with limited opportunities of health having 1 group of disability are completely exempted from payment of duties;

b) physical persons irrespective of their residence pay 10% of the sizes of duties;

c) non-profit organizations, including research establishments and higher educational institutions, irrespective of their location pay 10% of the sizes of duties.

4. Privileges, stipulated in Item 3 Sections I of this provision, are provided according to the application of the applicant submitted to authorized state body in the field of intellectual property instead of the document confirming payment of duty if privilege is duty relief, or together with the specified document if privilege is reduction of its size.

Provision of the right to duty relief or on payment of duty in the reduced size is performed in case of submission of the copy of the document of the established sample confirming the status of the applicant.

5. The status of the applicants specified in Item 3 of the Section I of this provision is determined by the legislation of the country of residence or the location of applicants.

6. If the applicants asking the patent for the name, several, then corresponding reduced rate is applied only in case all applicants belong to any category of persons specified in Item 3 of the Section I of this provision.

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