WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/KGZ/C/2
30 July 1999
(99-3250)
Council for Trade-Related Aspects
of Intellectual PropertyOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND
REGULATIONS NOTIFIED UNDER ARTICLE 63.2
OF THE AGREEMENT
KYRGYZ REPUBLIC
The present document reproduces the text1 of the Law on Copyright and Neighbouring
Rights, of 14 January 1998, as notified by the Kyrgyz Republic under Article 63.2 of the Agreement
(see document IP/N/1/KGZ/1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
RÉPUBLIQUE KIRGHIZE
Le présent document contient le texte1 de la Loi du 14 janvier 1998 sur le droit d'auteur et les
droits voisins, notifiée par la République kirghize, au titre de l'article 63:2 de l'Accord (voir le
document IP/N/1/KGZ/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
REPÚBLICA KIRGUISA
En el presente documento se reproduce el texto1 de la Ley sobre derecho de autor y derechos
conexos, de 14 de enero de 1998, que la República Kirguisa ha notificado en virtud del párrafo 2 del
artículo 63 del Acuerdo (véase el documento IP/N/1/KGZ/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/KGZ/C/2
Page 2
Bishkek,
January 14, 1998, # 6LAW OF THE KYRGYZ REPUBLIC
On Copyright and Neighboring RightsSection I. General provisions
Section II. CopyrightSection III. Neighboring rightsSection IV. Collective administration of economic rightsSection V. Protection of copyright and neighboring rightsSection VI. Final provisions
Section I. GENERAL PROVISIONSArticle 1. Subject of the LawThis Law governs  relations arising from  creation and exploitation of scientific, literary and
artistic works  (copyright), phonograms, pe rformances, stage productions, and the programs
of television and radio broadc asting and cable distribution  organizations (neighboring
rights).
Article 2. Legislation of the Kyrgyz Re public on Copyright and Neighboring Rights
1. The legislation of the Kyrgyz Republic on copy right and neighboring rights consists of this
Law, which forms part of the civil legislati on of the Kyrgyz Republic, other normative legal
acts of the Kyrgyz Republic that are enacted pursuant to this Law.
2. Where an international agreement to which the Kyrgyz Republic is party contains rules
different from those set forth in the present Law, the rules of the international agreement shallbe applicable.
Article 3.  State Regulation in the Area of  Protecting Copyright and Neighboring Rights
1. State regulation in the area of protecting copyright and neighboring rights is implemented
by the State Intellectual Property Agency under the Government of the Kyrgyz Republic(hereinafter referred to as Kyrgyzpatent).
2.  Kyrgyzpatent is the body that implements state management in the sphere of copyright
and neighboring rights, promotes creation of le gal conditions for the development of creative
work in the sphere of science, literature and art, realization of authors’ and owners ofneighboring rights authorities, including the right to appeal to the court, conclude anagreement on the use of copyright as well as collection and payment of authors’ royalties.
The present Law and other normative acts of the Kyrgyz Republic shall determine the main
tasks, functions and authorities of Kyrgyzpatent.
The Government of the Kyrgyz Republic sh all approve the Regulation on Kyrgyzpatent.IP/N/1/KGZ/C/2
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3. In order to develop the culture of the Kyrgyz Republic and promote creative activities of
the authors, the State Intellectual Property F und is being established. Kyrgyzpatent shall
approve regulation on the Stat e Intellectual Property Fund.
 Article 4. Basic ConceptsFor the purposes of this Law the following terms shall have the meanings specified:«Author» means a natural person, whose creative effort has brought about the creation of a
work;
«Audiovisual work» is a work consisting of a fixed series of interconnected images (with or
without sound accompaniment) which is intended to  be made visible and (where images are
accompanied by sound) audible with the aid of appropriate technical equipment; audio-visual
works include of cinematography works and all works expressed by means comparable tocinematography  (TV and video films, fixed projections slide shows, and the like) regardlessof the manner in which they are initially or subsequently fixed
«Database» means an objective form for the re presentation and organiza tion of a body of data
(relating to articles, account s and etc.) systematized so as to  be susceptible of retrieval and
processing with a computer;
«Reproduction of a work» means making of one or  more copies of a work or a part thereof in
any form, including the form of a sound or visu al recordings; or the making of one or more
three-dimensional copies of a two- dimensional work or one or more two-dimensional copies
of a three dimensional work; the storage of a work in a computer memory shall alsoconstitute reproduction;
«Reproduction of a phonogram» - means the maki ng of one or more copies of a phonogram
or part of a phonogram on any physical medium;
«Record» means the fixing, with technical aids, of sounds and/or  images in any material form
that permits them to be repeatedly perceived, reproduced or communicated;
«Producer of an audiovisual work» means the na tural person or legal entity that has taken the
initiative and responsibility for the production of  the audio-visual work, in the absence of
proof to the contrary;
«Performance» means presentation of works, phonograms, performances, staging by means
of acting, recitation, singing or dancing either live or with technical aids  (broadcasting, cable
television or the like); or by the showing of the pictures an audio-visual work (with or
without sound accompaniment) in their normal sequence;IP/N/1/KGZ/C/2
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«Performer» means the actor, singer, musici an, dancer or any other person who performs
sings, plays on a musical instrument or in any other way a literary e or artistic work(including a variety turn, a circus  act or puppet show), as well as  the producer or director of a
play and the orchestra conductor;
«Counterfeit copies» mean copies of a work or of a phonogram, production and distribution
of which shall entail violation of  copyright and neighboring rights as well as copies of the
works and phonograms protected in the Kyrgyz Republic in compliance with this Law which
are imported without the consent of holders of copyright and neighboring rights of the
Kyrgyz Republic from the countries in whic h these works and phonograms have never been
protected or ceased to be protected.
«The owner of Copyright and (or) neighboring ri ghts» means the author or performer, in the
cases when the author or performer is endowed with economic rights; natural person or legalentity to whom the economic rights were assigned; natural person other than the author orperformer, or a legal entity, in the cases when the economic rights were initially assigned tosuch a natural person or legal entity.
«Disclosure/promulgation of a work» means th e act performed with the author’s consent
which first makes the work accessible to th e public by publication, public presentation, public
performance, broadcasting or another means;
«Publication» means the putting into circulation of copies of the work or phonogram with the
consent of the author of such work or phonogr am producer and in sufficient quantity to meet
the reasonable needs. Publication is also  understood as providing access to a work,
phonogram, via electronic information systems.
«Broadcasting» means the communication to the public of the works, phonograms,
performances or programs of broadcasting a nd cable distribution or ganizations (including
broadcast of the presentation and or perform ance) by means of transmission by radio or
television (with the exception of cable televi sion). Where works, phonograms, performances
or programs of broadcasting or cable organizations are relayed by satellite, broadcastingmeans the act whereby the satellite receives si gnals from the ground station and retransmits
those signals in such a way that work s, phonograms, performances, and programs of
broadcasting, and cable distribution organi zations may be communicated to the public,
independently of their actual reception of the said public;
«Broadcasting by a broadcasting or cable dist ribution organization» means the broadcast
created by the broadcasting or cable distribution organization itself, or, on its instructions and
with its funds, by another organization;
«Presentation of a work» means the fact of showing of the original or copy of the work either
directly or on a screen with the aid of film, photographic slides, a televi sion pictures or other
technical means, or the fact of showing the individual images of an audiovisual work without
concern for their order;IP/N/1/KGZ/C/2
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«Users of copyright and neighboring rights» m eans are publishing houses , editorial offices of
newspapers and magazines, TV  and radio studios, cable studi os, theaters, concert-spectacle
organizations, cinemas, video salons, trade pl aces dealing with sale of audio and video
cassettes and laser discs with records, creative collectives regardless of the form of property,as well as natural persons and us ers of the computer software;
«Rebroadcasting» means the broadcasting of works, phonograms, performances, or programs
of broadcasting or cable distribution organi zations that have already been broadcast;
«Computer program» means a complex of instruc tions or rules expressed in words, numbers,
codes, symbols, signs or any other form desi gnated for the operation of computers and other
computer devices to achieve a certain purpose or result.
«Work of applied art» means a work of art in  two or three dimensions applied to objects
intended for practical use, craft works or  works produced in an industrial process;
«Producer of a phonogram» means a natural pers on or a legal entity that has assumed the
initiative and responsibility for the first sound recording of performance or other sounds,
where such a person must produce it physically  or order it and pay for the production, unless
proved otherwise, the natural person or lega l entity whose name is indicated on a phonogram
and (or) its case in the usual manner;
«Derivative work» means a product of in tellectual creation, ba sed on another work
(translation, adaptation, dram atization, alteration, etc.);
«Public demonstration, public performance or communication to the public» means any
presentation, performance or communication of  works, phonograms, performances, staging,
air or cable broadcasting programs either directly  or with technical aids in a public place or a
place in which a large number of persons not bel onging to the usual family circle, irrespective
of whether such works, phonograms, performances , staging, and programs of the air or cable
broadcasting organizations are perceived in the place of their transmission or elsewheresimultaneously with the transmission of works, phonograms, performances, staging, andprograms of air and cable broadcasting organizations;
«Show producer or director» means the person who carries out the production of theatrical,
circus, puppet, variety play or any other performance;
«Reproduction (reprographic reproduction)» m eans facsimile reproduction regardless of the
dimensions  and form thereof, of one or more copies of the originals or copies of written orother graphic works by means of photocopying or with the aid of other technical means,
different from publishing; reprographic repr oduction shall not include the storage or
reproduction of the said/indicated copies in electronic (including digital) or optical form, or
machine-readable form;
«Rebroadcasting» means simultaneous transmission of programs of one cable broadcasting
organization, exercised by anot her broadcasting organization;IP/N/1/KGZ/C/2
Page 6
«Rental» means making a copy of a work or  phonogram for temporary use in order to obtain
direct or indirect commercial profit;
«Communicate» means to show, perform, broadcas t or engage in any other act  (except for
distribution of copies of a work or phonogram ), whereby works, phonograms, performances,
or  programs of broadcasting, and cable distri bution organizations are ma de audible or visible
whether or not they are actually perceived by the public;
«Communicate to the public by cable» means to communicate works, phonograms,
performances, or programs of t broadcasting a nd cable distribution organizations to the public
by cable, wire, optic fiber or comparable means;
«Phonogram» means any exclusive sound recordi ng of performances or other sounds which
may be perceived or reproduced on any other material medium;
«Copy of a work» means a copy of a work, regardless of the material form in which it is
made;
«Copy of a phonogram» means the duplicate of  a phonogram on any material medium, made
directly or indirectly from a phonogram that includes all or a part of the sounds recorded
thereon.
SECTION II. COPYRIGHT
Article 5. Sphere of Eff ectiveness of Copyright
By virtue of this Law, copyright extends:
- to works, either disclosed or undisclosed but existing in an objective form in the territory of
the Kyrgyz Republic regardless of the citizenship of the authors and successors in title;
- to works, either disclosed or undisclosed ex isting in an  objective form beyond the borders
the Kyrgyz Republic, in respect of which it is accorded to  authors who are nationals  of theKyrgyz Republic and successors in title;
- to works either disclosed or undisclosed, but existing in any objective form beyond the
borders of  the Kyrgyz Republic, in respect of which it is accorded under international treaties
to which the Kyrgyz Republic is party to authors (and their successors in title) who arenationals of other states.
2. A work shall also be considered publishe d in the Kyrgyz Republic if within 30 days
following the date of its first publication outside the territory of the Kyrgyz Republic it ispublished on the said territory.IP/N/1/KGZ/C/2
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3.  Whether protection is granted to a work in the territory of the Kyrgyz Republic under the
international treaties to which the Kyrgyz Republic is a party, the authorship of the workshall be determined by the legislation of the State in the territory of which the legal actoccurred that gave rise to ownership of copyright.
Article 6. Works Protected by Copyright(Subject matter of Copyright)1. The copyright extends to works of science, literature and art that are the result of creative
activity, irrespective of the purpose, the merit as well as the manner of expression thereof.
2. The work must be expressed in verbal, written or other objective form allowing the
possibility of its perception.
The work in written form or otherwise expressed on a material medium (manuscript,
typewritten text, musical score, recording with the aid of technical devices, including audio orvideo recording, fixation of image in dimensi onal or three dimensional form, etc.) shall be
considered to have an objective form irrespective of its availability to the third parties.
Oral or other work not expressed in a materi al medium shall be considered to have an
objective form if it became available to thir d parties for perception (public recitation, public
performance, etc.).
3. The copyright shall extend both to  disclosed and undisclosed works.
4.Copyright shall not extent to ideas, met hods, processes, systems, means, concepts,
principles, proposed decisions, discove ries of objectively existing phenomenon.
5. For a copyright to occur no registration of work or observation of any other formalities
shall be required.
Article 7. Types of Objects of Copyright. Pa rts of work, Derivative and Composite Works
1. The following shall be referred to the objects of copyright:
literary works (literary - artistic, scientif ic, educational, publicist etc.);
dramatic and scenario works;musical works with text and without it;music-dramatic works;choreographic and mimed works;audiovisual works (cinematographic, television and video films, slide shows   and othercinematographic , television and video production), radio works;
works of painting, sculpture, and graphics , design and other works of fine arts;
works of applied art and stage designs;works of architecture, urban planning, garden and park designs;photographic works and works obtained by way analogous to photography;IP/N/1/KGZ/C/2
Page 8
geographical, geological and other maps, pl ans and sketches and other works related to
geography, topography and other sciences;computer software for all types of comput ers including applied programs and operation
systems;other works complying with the requirements established in Article 6 of this Law.
2. The objects of copyright shall be deemed part s of works, their designations and derivative
works that meet the requirements established in Article 6 of this Law.
The derivative works shall include works that are re-works of other works (translations,
processing, annotations, abstracts, resumes, su rveys, dramatizations, arrangements and other
similar works of science, literature and art);
The composite work shall include compilations  (encyclopedias, anthologies) and other
composite works that according to their selection and arrangement present the result ofcreative labor.
3. The derivative and composite works shall be protected by copyright irrespective of
whether or not the works, on which they are based or on which they include, are objects of
copyright.
Article 8. Works and the Results of Activity Similar to them that Are not Objects of
Copyright
The following shall not be deemed objects of copyright:official documents (laws, reso lutions, decisions and etc.) as well as official translations
thereof;Official symbols and signs (flags, armorial bearings , orders, monetary signs and etc.);
works of folklore ;information on the news of the day or information on the current events that are of thecommon press-information nature;the results obtained with the help of techni cal means for the production of a certain type
without creative activity of a man directly ta rgeted  for creation of an individual work
Article 9. Author  of a Wor k. Presumption of Authorship.
1. A citizen, by whose creative labor the work is created shall be considered the author of the
work.
Unless proven otherwise, the person indicated as  the author in the course of the first
publication of the work  sha ll be considered its author.IP/N/1/KGZ/C/2
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2. Where a published work is anonymous or ps eudonymous   (unless the author’s pseudonym
leaves his identity in no doubt ), the publishe r, the name or denomination of which is
indicated on the work, shall be presumed, in the absence of proof to the contrary, to represent
the author and shall be empowered to provide  for and realize the author’s rights. This
provision shall be effective until the author of such work reveals his identity and claims hisauthorship.
Article 10. Co-Authorship1. The  copyright in  a work that is the product of the joint creative work of two or more
persons  shall belong jointly to co-authors, irrespective of whether such work constitutes anindivisible whole or is com posed of parts each of whic h has an independent meaning.
A part of a work shall be deemed to have  an independent meaning if it can be used
independently of other parts of this work.
Unless otherwise agreed between them, each of th e co-authors may exploit as he sees fit that
part of the work with the relevanc e of its own that he has created.
Each of the co-authors shall be entitled to use part of the work that has been created by him,that has independent meaning, at his own discretion unless otherw ise provided by the
agreement between them.
2. As a rule, the relationship between co-author s shall be establishe d on the bases of the
agreement. In the absence of such agreement ri ght to a work shall be exercised mutually by
all co-authors and the remuneration sha ll be distributed equally among them.
If the work of the co-authors constitutes an indi visible  whole, none of the co-authors shall be
entitled to prohibit the exploitation of a work without valid reason.
Article 11. Copyright of Compilers of Collections and other Composite Works
1. The author of a collection or any other com posite works (compiler) shall enjoy  copyright
in the selection or arrangement of subject matter that he has made insofar as that  selection orarrangement is the  result of creative effort of compilation.
The compiler shall enjoy copyright subject to respect  the rights of the author of each of the
works included into the composite work.
The compiler’s copyright must not be harmful to the rights of authors whose works are
included into the composite work.
The authors of the works included into a composite work shall have the right to exploit his
own  work  independently of  the composite work unless otherwise provided by the author’s
contract .
Compiler's copyright shall not prevent other pers ons to provide for an independent selection
or arrangement of the same materials for the creation of their own composite works.IP/N/1/KGZ/C/2
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2. The publisher of encyclopedias, encycloped ic dictionaries, periodic and continuing
collections of scientific works, newspapers , magazines and other periodicals shall enjoy
the exclusive right to use such publications. The publisher shall have the right to indicatehis name or to demand such indication when ever the said publications are exploited.
.The authors of works included in such publications shall retain the exclusive rights to exploittheir works independently of the whole publica tion unless the agreement stipulates otherwise.
Article 12. Copyright of Translators a nd Other Authors of Derivative Works
1. Translators and other authors of derivative  works shall enjoy copyright to  translation,
adaptation,  arrangement or any othe r transformations made by them.
The translators and the authors of derivative works shall enjoy copyright to the  works
created by them under condition of observation of   the author’s rights whose work has been
translated, adapted, arranged or otherwise transformed .
2. The copyright of translators or  authors of  derivative works shall not prevent other persons
from doing their own translations and transformations  of the same works.
Article 13. Copyright to an Audiovisual WorkThe following shall be recognized as  authors of audiovisual works:Author of the scenario (scriptwriter);
Author of the musical work, (with or without wo rds) that has been specially created for this
audiovisual work (composer).Producer;Cameraman;Stage designer.
2. The  conclusion of the contract for the cr eation of an audio-visual work, shall entail
assignment by the authors of this work to the producer thereof  of the exclusive rights toreproduction, distribution, public performance, co mmunication to the public by  cable, air
broadcasting  or any other public communica tion of the audio-visual work, as well as
subtitling and dubbing of the text of this work  unless otherwise provided by an contract.
These rights shall be effective throughout the pe riod of validity of the copyright to an audio-
visual work.
The producer  of an audiovisual work shall have  the right to indicate his name or to demand
such indication whenever the work is exploited.
3. The author of a musical work (with or without  words ) created specially for an audio-visual
work shall retain the right to remuneration for every public performance of audio-visual
work, its public communication as well as rent al of copies of an audiovisual work.IP/N/1/KGZ/C/2
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4. The authors of works constituting a composite part of an audio-visual work, both
preexisting  (the author of a novel from which the scenario is taken) and created in the
process of work on it (camera director, stage dire ctor and others), shall enjoy copyright in his
own work.
5. Destruction of the final variant of the film (negatives, original recording) shall be
prohibited without consent of the author or other owners of economic rights to the film.
Article 14. Copyright in a Service- Related Work.
1.  Personal non-economic right to a work crea ted in the course of execution of work
assignment of the employer (service-related work) shall belong to the author of the saidwork.
2.  The exclusive right to exploit the service related work in a way conditioned by the purpose
of assignment and limits arisin g from it shall belong to the person with whom the author is
bound by employment relations (employer) and by whose task the work has been created,
unless otherwise provided in the cont ract between him and the author.
The amount of author's remuneration for each type  of use of the service-related work  and the
order of  payment thereof shall be specified in  the contract concluded by the author and the
employer.
3.  The employer shall have the right to indi cate his name or demand such indication with
respect to any exploitation of the service-related work.
4.  On expiration of ten years from the moment  of work presentation and even earlier,
provided that there is the consent of the empl oyer, the right of the author to use the work
and to obtain author’s remuneration shall belong to him fully irrespective of the contractconcluded with the employer.
5.  The provisions of this Article shall not apply to the creation of encyclopedias,
encyclopedic dictionaries, peri odicals and collections of scie ntific works, newspapers,
magazines and other periodicals (paragraph 2 of  Article 11 of this Law) created in the
course of execution of duty obligations or work assignment of the employer.
Article 15. Personal Non-Econo mic Rights/Moral Rights
1. The author shall enjoy the following persona l non-economic/moral rights in relation  to his
work:
Authorship right - the right to be recognized the author of a work;
Right to the name - the right to exploit  or au thorize the exploitation  of a work under the real
name of the author, pseudonym or without the indication of a name, i.e. anonymously;
Right to promulgation  - the right to disclose the work or authorize the disclosure of the workin any form, including the right to withdraw;IP/N/1/KGZ/C/2
Page 12
Right to inviolability of the work - the right to protection of the work including its title,
against any distortion or any other encroachme nt that may cause damage to the honor and
dignity.
2. The author shall have the right to refuse  from the earlier made decision promulgation of
the work (right to revoke) provided  that the user is indemnified for damages caused by thisdecision. If the work has already been promulgated, the author must publicly notify about itsrevocation. In this event he may withdraw fro m circulation, at his own expense, the earlier
produced copies of the work. The provision of this paragraph  shall not apply to service-
related works.
3. Moral rights belong to the author independen tly of his economic rights and the author shall
retain them when  the exclusive rights to exploit  the work are assigned.
Article 16. Economic Rights1. The author shall enjoy  the exclusive right to use his work in any form and by any mean.2. The exclusive rights of the author to exploit the work shall mean the right to perform,
authorize or prohibit the following actions:
Reproduction of the work (right to reproduction);
Distribution of copies of the work by any m eans: rent and etc., (right of distribution);
Importation of copies of the work for the purpos es of distribution, including copies produced
with the permission of the exclusive copyright owner (right to importation);Presentation of  the work publicly  (right to public presentation );
Performance of the work in publicly (right to public performance);Communication of the work to the public by broadcasting and/or rebroadcasting  (right of
broadcasting);Communication of the work to the public by cable, wire or comparable  means  (right ofcommunication to the public by cable);Translation of the work (right of  translation); andArrangement, adaptation or other transfor mation of the work (right of adaptation ).
The author's exclusive rights for the use of desi gn, architectural, urban  planning,  park and
garden projects shall extend also to the practic al implementation of such projects. The author
of the accepted architectural project shall be entitled to demand from the customer to providehim a right to take part in the realization of his project at the stage of the production of the
documentary material relating to the constructi on of the building or other structure, unless
otherwise provided in the agreement.
3. Where copies of legitimately published wo rk have been introduced into the civil
circulation by means of sale, their subsequent distribution shall be a llowed without consent of
the author and payment of author's remuneration.
The right to distribute the original or copies of a work by means rental of an audio-visual
work, computer software, database, work fixe d in a phonogram, and  musical notation shall
belong to the author regardless of the property  right to such copies.IP/N/1/KGZ/C/2
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4. The amount and the procedure for calculating the amount of author's remuneration for each
form of exploitation of a work shall be  deter mined by the author’s contract   and by the
contracts that organizations for the collective administration of the economic rights of theauthors conclude with users.
5. The rights of authors specified in paragraph 2 of this Article shall be subject to limitations
specified in Articles 18 to 26 of this Law which shall apply insofar as the uses in question donot unjustifiably prejudice the normal exploita tion of the work and do not without valid
reason violate the legitimate interests of the author.
Article 17. Right of Access to Works of Fi ne Arts. Right to the Share from Resale
1. The author of a work of fine arts shall have  the right to require the owner of the work to
allow him to exercise his/her right of reproducti on of his work (right of access). The owner of
a work should not be required to deliver the work to the author.
2. The transfer of property right to a work of  fine art (for compensation or free of charge)
from the author to a third party  shall constitute  the first sale of that  work.
For  each case of a public resale of the original of a work of fine art  (sale through the
auction, art gallery, art salon, store and etc.,)  after the first alienation of the right of
ownership for such a work of fine arts, the author or his heirs shall be entitled to receiveremuneration from the seller, representing  5 percent of such reselling price (the right to theshare from resale). This right is inalienable during the life of the author and shall betransferred exclusively to the author's heirs by law or testament for the effective term ofcopyright.
Article 18. Reproduction of Work s for Personal Purposes without the Author's Consent
and Without Payment of Author’s Remuneration
1. Legitimately promulgated work may be repr oduced only in one copy without the author's
consent and without payment of author’s remuneration exclusively for personal purposes
with the exception of cases provided in Article 26 of this Law.
2. The provisions of the first paragraph of th is Article shall not apply in relation  to:
reproduction of architectural works in th e form of buildings and structures;
reproduction of databases or substantial parts thereof;
reproduction of computer software with the ex ception of cases provided for in Article 25 of
this Law;reproduction of books (in full) and note texts.
Article 19. Use of a Work without Consent of the Author and Payment of Author’s
Remuneration
1. The following shall be authorized without the author's consent and without  payment of
author’s remuneration but with obligatory indica tion of the author's name whose work is used
and the source of the borrowing:IP/N/1/KGZ/C/2
Page 14
1) The  quotation from legitimate ly published works in the original and translation for
scientific, research, pol emic, critical and information purposes  in the amounts justified by the
purpose of such quotation, including reproducti on of excerpts from newspaper and magazine
articles in the form of press reviews;2) Use of lawfully promulgated works and excerpts therefrom as illustrations in editions,radio and TV programs and edu cational audio and video record ings in the amounts justified
by the goal set;3) Reproduction in newspapers, air or cable broadcast for general public of legitimately
published articles in newspapers or magazines on current economic, politic, social andreligious topics or air broadcast of work s of the same nature in cases where such
reproduction, air or cable broadcast have not been expressly prohibited by the author,
4) Reproduction in newspapers, air or cable br oadcasting for general information of political
speeches, addresses, reports and other works of the same nature given in public to the extent
justified by an informational purpose. In such cases the author shall retain the right topublication of such works in collections,5) Reproduction or communication of the current events to the public in reviews by means of
photography, by air broadcasting or cable comm unication of works that are seen or heard in
the course of such events to the extent justified by the informational purpose. In such casesthe author shall retain the right to publication of such works in collections; and6) Reproduction of lawfully pr omulgated works without gainful intend by using the Braille
system or other special means for the blind, except for works specifically created for such
means of reproduction.
2. Export of copy of a work abroad by natural person without consent of the author or other
owners of copyright and without payment of remuneration shall be allowed only for personal
purposes, with the exception of the works, expor t of which damages the national interest of
the republic, the list of which is determined in the established order.
Article 20. Use of Works by Way of ReproductionThe following may be reproduced in a single copy without gain of profit and without the
author's consent and payment of remuneration, but with obligatory indication of the author's
name whose works are used and the source of the borrowing:
1) lawfully published work by libraries and ar chive to restore or replace lost or damaged
copies and provide the work to other libraries  that, on some reasons, lost works from their
collections;2)  isolated articles and succinct works lawf ully published in collections, newspapers or
other periodical publications, and short extr acts from legitimately published written works
(with or without illustrations) by libraries a nd archives as requested by individuals for
educational and research purposes; and3)  isolated articles and succinct works lawful ly  published in collections, newspapers and
other periodical publications, or of short ex tracts from legitimately published written works
(with or without illustrations) by educ ational institutions for audio lessons.IP/N/1/KGZ/C/2
Page 15
Article 21.  Free Use of Works Perm anently Located in a Public Place
The works of architecture, photography, fine art permanently located in a place open to
general public may be reproduced, broadcast, or  communicated to the public by cable without
the author's consent and payment of author’s remuneration, with the exception of cases where
the depiction of the  work constitutes the ma in feature of such reproduction, broadcast or
communication to the public by cable or if depiction of the work is used for commercialpurposes.
Article 22.  Free P ublic Performance
Musical works may be performed publicly without  the author's consent and payment of the
author’s remuneration during official and religi ous ceremonies, as well as funerals, to such
extent as may be justified by the nature of the said ceremonies.
Article 23.  Free Reproduction for Judi cial and Administrative Purposes
Works may be reproduced without the author's consent and payment of author’s
remuneration for the purposes of judicial or administrative proceedings to the extent  justifiedby this purpose.
Article 24. Free Ephemeral Recordin g by a Broadcasting Organization
Radio or television br oadcasting organization may, without consent of the author and
payment of any additional remuneration, make an  ephemeral recording of a work for  which
such an organization has obtained the right to broadcast provided that such recording is made
by a broadcasting organization with  its ow n equipment and for its own programs. The
broadcasting  organization is obligated to dest roy such recording within six months after it
was made unless a longer term has been agreed  upon with the author of the recorded work.
Such recording may be preserved in official archives without the author's consent if such
recording is of purely documentary nature.
Article 25.  Free Reproduction of  Computer Software and Databases. Decompilation of
Computer Programs
1. A person lawfully  possessing of a copy of a computer  program or database shall have the
right, without obtaining permission of the author or other owner of the exclusive rights to use
such work and without paying any additional remuneration:
1) make alterations to the computer softwa re or database exclusively where the purposes
thereof is solely to ensure their operation on th e user's technical material , and perform any
act in relation to the operation of the comput er program or a database according to its
intended purpose, including any inputting or storing  in computer memory (one computer orone network user), as well as correction of obvi ous errors , unless otherwise provided by the
contract concluded  with the author; and IP/N/1/KGZ/C/2
Page 16
2) make a copy of the computer program or da tabase provided that this copy is solely for
archive or  replacement of a lawfully acquired copy in the event that  the original of thesoftware or database having  been lost, destroyed or rendered useless . In these events the
copy of computer program or database may not be used for purposes other than stipulated in
subparagraph (1) of this paragraph and must be destroyed should the  possession of the copy
of this computer program or database cease to be lawful.
2. Any person lawfully in possessing  a copy  of a computer program has a right without
consent of the author or any other holder of  the exclusive rights and without payment of
additional remuneration, reproduce or  convert the object code into a source code/the original
text (decompose the computer program) or entrus t other persons to provide these actions if it
is necessary to achieve the ability of a computer program, independently developed by thisperson, to interact with other programs whic h may interact with program being decompiled
provided that the following conditions are observed:
1) the information necessary to insure the interactive capability was not available earlier for
this person from the other sources;
2) the acts mentioned must only be performed  in relation to those parts of decompiled
computer program which are essential to the achievement of the interactive capability;
3) the information obtained in the result of decompilation may only be used to achieve the
interactive capability of independently developed computer software with other programs andmay not be passed on to third parties except where necessary to insure the interactivecapability  of the independently developed  computer program  with other programs and itcan not be used for the development of a computer program of a type significantly similar tothe decompiled computer software or perfo rmance of any other action prejudicial to
copyright.
3. Application of the provisions of this Article must not cause unjustifiable damage to the
normal use of a computer software or data ba se and infringe upon the legitimate interests of
the author or any other holder of  the exclusive rights to such computer program or data base.
Article 26.  Reproduction of the Work for Personal Purposes without Author's Consent but
Subject to  Payment of Author’s Remuneration
1. As an exception from the provisions of Artic les 16, 37 and 38 of this Law, the reproduction
of an audio-visual work or sound recording of a work for  exclusively personal purposes
without consent of the author of a work, pe rformer and phonogram producers, but subject to
payment of remuneration to them.
2. The remuneration for the reproduction referred to in paragraph 1 of this Article shall be
paid by the manufacturers or importers of th e equipment (audio and video recorders and other
equipment) and recording material  (sound  and/or  video tapes  cassettes,  laser disks, compact
discs and other material bearer s) used for such reproduction.IP/N/1/KGZ/C/2
Page 17
This remuneration shall be collect ed and distributed by one of the organizations for collective
administration of the economic rights of th e authors, phonogram producers and performers
under an agreement concluded with the said  organization (Article 45 of this Law). Unless
otherwise provided by this agreement, remune ration shall be distributed as follows: forty
percent shall go to the authors, thirty percent shall go to the performers, and thirty percent tothe phonogram producers.
The amount of remuneration and the conditions of  its  payment shall be determined by an
agreement between the aforementioned manufactu rers and importers on the one hand, and the
organizations managing economic rights of authors, phonogram producers and performers on
a collective basis on the other hand, but if the parties fail to reach such an agreement, by
Kyrgyzpatent.
3. No remuneration shall be paid for the record ing equipment and material bearers referred to
in paragraph 2 of this Article which are subject to export, or constitute  professionalequipment not intended for use for home  recording.
Article 27. Validity Term of Copyright1. The copyright shall be valid during the lifetime of the author and for fifty years after his
death, beginning from the first of January of the year following the year of the author’s death.
2. The copyright to a work created in joint authorship shall be effective during the whole life
of co-authors and fifty years after the death of the last author who outlived other co-authors.
3. The copyright to a work issued for the first time under pseudonym or anonymously shall
have effect  during fifty years beginning from th e first of January of the year following the
year the work was published.
If a pseudonym or anonymous name is disc losed during the established term, the terms
indicated in paragraph 1 of th is Article shall be applied.
4. The copyright shall belong to the author’s heirs and inherited during the terms indicated in
paragraph 1 of this Article. Du ring the same terms the copyright shall belong to successors
who obtained this right due to the agreement with the author, his heirs and future legal
successors.
5. The copyright to a work first published within fifty years after the death of the author, shall
be effective during fifty years after its publi cation beginning from January 1 of the year
following the year of its publication .
6. The authorship, name of the author and inviolability of the work shall be protected
permanently.
Article 28. Public Domain1. Expiration of the effective period of the copyright in a work, shall mean that the work is
transferred to the public domain.IP/N/1/KGZ/C/2
Page 18
The works that have never been protected in the territory of the Kyrgyz Republic shall
likewise  be deemed fallen  into the public domain.
2. Any person without payment of remuneration may freely use the works that have fallen
into the public domain. In this case the right to authorship, right to a name and the right toinviolability of the work (Article 15 of this Law) shall be observed.
3. The Government of the Kyrgyz Republic sha ll establish the amount of deductions paid to
the State Intellectual Property Fund for the use of  works fallen  into the public domain in the
territory of the Kyrgyz Republic
Article 29. Transfer of Copyright by SuccessionThe copyright shall be inherited.Personal non-economic rights of the author provi ded by Article 15 of the present Law shall
not be transferred by succession. The author's he irs shall be entitled to protect the indicated
rights. These rights of the heirs shall not be limited by any term.
Where the author has no heirs, Kyrgyzpate nt shall protect the indicated rights.
Article 30. Transfer of Economic  Rights. Author's Contract.
1. The assignment of the economic rights referred to in Article 16 of this Law may be
transferred only by author’s contract except for the cases stipulated by Articles 18-26 of thisLaw.
The economic rights may be the subject of an au thor's contract for the assignment  of the
exclusive or an author’s contract fo r assignment of nonexclusive rights.
2. The author's contract on the assignment  of the exclusive rights shall permit the use of the
work in a certain way and within the limits set by the contract only to the assignee and shallgive this person the right to prohibit su ch use of the work by third parties .
The right to prohibit third parties from exploiting  the work may be exercised by the author of
the work where  the person to whom the exclusive rights have been assigned  does notprovide for the protection of this right.
3. The author's contract for the assignment of  non exclusive rights shall permit the user to
exploit the work equally with the owner of excl usive rights who has granted  those rights to
him and/or other persons who ha ve obtained permission to exploit  this work by the same
means.
4. The rights transferred by the author’s ag reement shall be deemed non-exclusive unless
otherwise expressly stipulated in the agreement.IP/N/1/KGZ/C/2
Page 19
Article 31. Conditions of the Author's Agreement
1. The author's contract  shall  stipulate:1) the modes of exploitation  of the work (s pecific rights assigned under the contract );
2) the period and the territory to which the rights are assignment ;
3) the amount of remuneration and/or th e procedure of determining the amount of
remuneration for each mode of exploitation  of the work, the procedure and terms of
payment; and4) other conditions that shall be  deemed essential by parties to  the indicated in the contract.
Should an author's agreement not specify th e condition on the term for which the right is
assigned , the contract may be annulled by the author after five years from the date of its
conclusion if the user is notif ied in writing about it six months  prior to annulment of the
agreement.
The author’s agreement concluded for a long term may be canceled by the author after
expiration of ten years as of the date of conclusion of an agreement, if the user is notified in a
written form in six months before abrogation of an agreement. The author shall have thisright every ten years.
Should the author's agreement not specify cond itions of the territory to which the right is
assigned , the validity of the right assigned unde r the contract  shall be limited to the territory
of the Kyrgyz Republic.
2. The rights to use a work that have not been  directly assigned under the author's contract
shall be deemed as not assigned .
The rights to exploitation of the work that are not known at the moment of conclusion the
contract may not be the subject s of the author’s contract.
3. Remuneration shall be determined in the author's contract as an interest from the income
for the appropriate method of use of the work in question or, if it is impossible to do due to
the nature of the work or the peculiarities of its use, in the amount fixed in the agreement or
otherwise.
The Government of the Kyrgyz Republic shall establish the minimum rates of author’s
remuneration. The minimum amounts of aut hor’s remuneration shall be indexed
simultaneously with the indexation of minimum wages.
If in the author's agreement on issue or other reproduction of the work, the amount of
remuneration is determined as a fixed sum, the maximum print run of the work must bedetermined in the agreement.
4. The rights assigned due to the  author's contract may be assigned, in its entirety  or in part,
to other persons only if this is ex pressly indicated by the contract .IP/N/1/KGZ/C/2
Page 20
5. The rights to use the works that may be cr eated by the author in future cannot be the
subjects of the  author's contract .
6. Any clause in an author’s contract that imposes limits on the author regarding the future
creation of works on a particular subject or in  a particular field shall be deemed invalid.
.7. The clauses of an author’s contract that are contrary to the provisions of this law shall bedeemed invalid.
8. The  party that failed to perform or imprope rly performed its obligations under the author’s
contract , must indemnify the losses caused to the other party.
Article 32. The Form of the Author's Contract1. The author's contract must be concluded in writing. The author's contract  on the use of a
work in periodical  press may be concluded verbally.
2. In the course of sale of copies of a computer programs and databases and granting an
access thereto to general users, a special procedure for concluding the agreements may beused as set forth by the legislation of the Kyrgyz Republic.
3. The author’s contract may be registered in  Kyrgyzpatent upon the agreement of the parties.
Registration fees shall be charged for regist ration of the agreement, the amount and the
procedure of payment shall be  established by the Government of the Kyrgyz Republic.
Kyrgyzpatent is drafting sample s of the author’s contracts.
Article 33. The Author's Order Contract1. Personal non-economic right to the work created  due to the order contract shall belong to
the author.
2. The exclusive rights to use ordered work shall belong to a party specified in the conditions
of the  author’s order contract .
3. Pursuant to the  author's order contract, the author is obligated to create a work in
accordance with the conditions of the agr eement and transfer it to the customer.
4. The customer must pay an advance to the author from the amount of remuneration
determined in the agreement. The amount of the advance, the procedure and time limits for
its payment shall be set forth in the c ontract upon the agreement of the parties.
5. If the author fails to submit the ordered work in accordance with the conditions of the order
agreement, he/she shall be obligated to indemn ify the actual damage caused to the customer.IP/N/1/KGZ/C/2
Page 21
Section III
NEIGHBORING RIGHTS
Article 34. Scope  of  Neighboring Rights
1. The rights of a performer shall be recognized as belonging thereto pursuant to this Law in
the events if:
1) the performer is a citizen of the Kyrgyz Republic;
2) the performance, staging has first taken place in the territory of the Kyrgyz Republic;3) the performance, staging has been record ed on a phonogram protected pursuant to the
provisions of item 2 of  this Article; and
4) the performance, staging  has not been recorded on a phonogram but is included in a
program broadcast or transmitted by cable that  is protected under the provisions of item 3 of
this Article.
2. The rights of a phonogram producer shall be recognized as belonging thereto pursuant to
this Law in the events if:
1) the producer of a phonogram is a national of the Kyrgyz Republic or a legal entity that has
an official location on the territory of the Kyrgyz Republic; and2) the phonogram has been first published in the territory of the Kyrgyz Republic. The
phonogram shall be also considered published for the first time in the territory of the Kyrgyz
Republic, if within 30 days after the date of its publication outside the Kyrgyz Republic itwas published in the territory of the Kyrgyz Republic.
3. The rights of broadcasting or cable dist ribution organization shall be recognized as
belonging thereto pursuant to this Law if the organization has its headquarters  on the
territory of the Kyrgyz Republic and broadcasts its programs by means of transmitters locatedon the territory of the Kyrgyz Republic.
4. The rights of foreign performers, produce rs of phonograms, radio, television and cable
distribution organizations shall be recognized in the territory of the Kyrgyz Republicaccording to the international agreements of the Kyrgyz Republic.
Article 35. Objects of Neighboring RightsThe neighboring rights shall extend to stagin g, performances, phonograms, broadcasting and
cable distribution organizations irrespective of their purpose, content and merits, as well as
the form of expression thereof.
Article 36. Subjects of Neighboring Rights1. The subjects of neighboring rights sha ll include performers, phonogram producers,
broadcasting and cable distribution  organizations.IP/N/1/KGZ/C/2
Page 22
2. The producer of a phonogram, broadcasting or cable distribution organization shall
exercise their rights as set forth in this Secti on, within the limits  of the rights obtained due to
the contract with performer and the aut hor of the work recorded on the phonogram,
broadcasted  or transmitted by cable.
Authorization to exploit/use a staging that has been received from the director of the play
shall include the need to obtain permission from the other performers participated in thestaging, as well as from the author of the work performed.
3. The performer shall exercise the rights set forth in this Section provided that the rights of
the author of the performed work are observed.
4. The origin and exercise of neighboring rights  shall not be subject to compliance with any
formality. The producer of a recording and perfo rmer, in order to announce their rights, shall
have the right to use neighboring right’s protec tion mark which is affixed to each copy of a
phonogram and/or on each case containing it and consists of three components:
the Latin letter «P» in a circle;
the name of the  owner of exclusive neighboring rights; andthe year of the first publication of the phonogram.
5. The performer, producer of a phonogram, broa dcasting and cable distribution organizations
have the right to register their performance,  staging, phonogram and broadcast at the state
registers any time during the effective term  of neighboring rights protection. A person
registering the object of neighboring right sha ll be granted a certificate in the established
form\design. Kyrgyzpatent shall carry out registration.
Article 37. Performer's Rights1. With the exception of cases provided by this Law, the performer shall enjoy the following
personal non-economic and econo mic rights to his/her performance or staging:
the right to be named;
the right to protection of performance or stagin g against any distortion or other derogatory act
liable to prejudice  his  honor and dignity; andthe right to exploit the performance or staging in any form, including the right toremuneration for each such type of use of the performance or staging.
2. The exclusive right to exploit/use a performance or staging shall mean the right to perform,
authorize or prohibit the following actions:
1) air broadcast or cable communication of the performance or staging to general public
insofar, as the performance or staging used for such a program have not been broadcast
previously or not provided with the use of a recording;2) recording of a previously unrecorded performance or staging;3) reproduction of the recordin g of a performance or staging;
4) broadcast or cable communication of the reco rding of a performance or staging insofar as
the said  recording was originally made  for noncommercial purposes; andIP/N/1/KGZ/C/2
Page 23
5) rental of a phonogram published  for co mmercial purposes, on which a performance or
staging has been recorded with participation of the performer. The right shall be transferredto the producer of a phonogram when the agreem ent to record a performance or staging on a
phonogram in concluded; in this case the performe r shall retain the right to remuneration for
rental of copies of a phonogram ( point 2, Article 39 of this Law).
3. The exclusive right of the performer under  subparagraph 3 of paragraph  2 of this Article
shall not apply if:
- the initial recording of a performance or staging was  made with  the consent of the
performer;- the reproduction of the performance or stag ing is made for the same purposes as the
recording of the performance to which the performer consented.- the reproduction of the performance is made for the same purposes for which the recording
has been made pursuant to the provi sions of Article 42 of this Law.
4. The authorizations indicated in paragraph 2 of this Article shall be granted  by the
performer or, when it is performed by a collective of performers, by the head of thiscollective through the conclusion of a written agreement with the user.
5. The authorization referred to in subparagra phs 1, 2 and 3 of paragraph 2 of this Article
shall not be necessary for the rebroadcasting/ subsequent broadcasts of a performance or
staging, recording for a program and reproducti on of such recording by broadcasting or cable
distribution organizations if they are expressly provided for  in the contract concluded by the
performer with the air or cable broadcas ting organization. The amount of performer’s
remuneration for such a use shall likewise  be specified  in the contract.
6. The conclusion of the contract between th e performer and the producer of an audio
visual work to create an audio-visual work shall entail granting of rights by the performerindicated in subparagraphs 1, 2, 3 and 4 of paragraph 2 of this Article.
Granting of the said rights by the performer shall be limited by the use of the audiovisual
work and unless otherwise provided in the cont ract  shall not include the rights in any
separate use of the sound or pictures  embodied in the audiovisual work.
7. The exclusive rights of a performer provi ded by paragraph 2 of this Article may be
assigned to third parties by contract..
8. The agreement on assignment of the exclusive rights may be registered at Kyrgyzpatent.
Registration fees shall be collected for th e registration, the  amount of which and the
procedure of their payment shall be establishe d by the Government of the Kyrgyz Republic.
Article 38. Rights of the Phonogram Producer1. Except for the cases provided by this Law the producer of a phonogram shall enjoy the
exclusive rights to exploit the phonogram in  any form, including the right to receive
remuneration for each type of use of this phonogram.IP/N/1/KGZ/C/2
Page 24
2. The exclusive right to use the phonogram shall mean the right to perform or authorize  the
following actions:1) reproduction of the phonogram ;2) adaptation or any other tr ansformation  of the phonogram;
3) distribution the copies of the phonogram , for instance for sale, rental, etc.; and
4) importation the copies of the phonogram for the purposes of distri bution, including copies
made with the authorization  of the producer of this phonogram in question.
3. Where  copies of a lawfully  published phono gram have been put on the market by sale,
they may be further distributed without cons ent of the producer of a phonogram and without
payment of remuneration.
The right to distribute copies of a phonogram th rough rent shall belong to the producer of a
phonogram regardless of the ownership to the said copies.
4. The exclusive rights of the producer of a phonogram provided by paragraph 2 of this
Article may be assigned or license d to third parties by contract.
5. The agreement on assignment of the exclusive rights may be registered at Kyrgyzpatent.
Registration fees shall be collected for th e registration, the amount and the procedure of
payment shall be established by th e Government of the Kyrgyz Republic
Article 39.  Use of a Phonogram Published for Commercial Purposes without Consent of the
Producer of Phonogram and the Performer
1. As an exception to the provisions of Articles 37 and 38 of this Law, the following actions
shall be authorized  without consent of  the producer of a phonogram published for
commercial purposes and the performer, whose performance is recorded on such aphonogram, but with the payment of remuneration:1) public performance of the phonogram;2) air broadcast of the phonogram; and3) communication of the phonogram to the general public by cable.
2. Remuneration provided by paragr aph 1 of this Article shall be collected, distributed and
paid out by an organization on collective ad ministration of the rights of  producers of
phonograms and performers (Article 44 of this Law) pursuant to the agreement concluded
between these organizations. Unless otherwis e provided in the said  agreement, the
remuneration shall be split equa lly between the producer of a phonogram and the performer.
3. The amount of the remuneration and the manne r of its payment shall be determined by
agreement between the user of a phonogram or th e unions (associations) of such users, on the
one hand, and organizations managing the righ ts of producers of phonograms and performers,
on the other hand, in the event the parties fail to  reach such an agreement, by Kyrgyzpatent.
The amount of remuneration shall be set for each form of use of the phonogram.IP/N/1/KGZ/C/2
Page 25
4. The users of phonograms shall be bound to submit to the organization specified in
paragraph 2 of this Article  programs containing detailed information on the number of timesthe phonogram was used, as well as the other information and materials  necessary for
collection and distribution of remuneration.
Article 40. Rights of Air Broadcasting Organizations1. Except for the cases provided by this Law, air broadcasting organizations with respect to
their program shall enjoy the exclusive rights to use the program in any form and authorizethe use of the program, including the right to receive remuneration for granting suchpermission.
2. The exclusive right to authorize the use of a program shall mean the right of the air
broadcasting organization to authorize the following actions:
1) simultaneous broadcasting of this program by the other broadcasting organization;
2) communication  of this prog ram to the public by a cable;
3) recording of the program;4) reproduction of the recording of the program;5) communication of the program to the  public in places where the entrance fee is charged.
3. The exclusive right of the  broadcastin g organization provided by subparagraph 4 of
paragraph 2 of this Article, sha ll not extend to the cases when:
- recording of the program has been made with the consent of the air broadcasting
organization;- the program is reproduced for the same purpos es as it has been recorded pursuant to the
provisions of Article 42 of this Law.
Article 41. The Rights of Cable Distribution  Organization1. Except for the cases provided in this Law, cable broadcasting organizations shall enjoy the
exclusive rights to use the program in any form and authorize the use of the program,including the right to receive remune ration for granting such authorization.
2. The exclusive right to authorize the use of a program shall mean the right of the  cable
distribution organization to authorize the following actions:
1) simultaneous communication of the program to the public by another cable distribution
organization;2) air broadcast of the program;3) recording of the program;4) reproduction of the recording of the program; and5) communication of the program to general public in places where the entrance fee ischarged.IP/N/1/KGZ/C/2
Page 26
3. The exclusive right of a cable distributi on organization provided by/under subparagraph 4
of paragraph 2 of this Article sh all not apply to cases in which :
- the program has been recorded with the c onsent of the cable distribution organization;
- the program is reproduced for the same purpos es as those for which it was recorded under
the provisions of Article 42 of this Law.
Article 42.  Restrictions of the Rights of the Performer, Producer of a Phonogram, Radio
Broadcasting or Cable Distribution  Organization
1. As an exception to the provisions of Articles 37-41 of this Law, a performance, staging, air
or cable broadcast programs and their record ing as well as reproduction of phonograms shall
be allowed without the consent of the perfor mer, producer of a phonogram, broadcasting  or
cable distribution  organization a nd without payment of remuneration:
1) in order to include into the report on current events short extracts from the performance,
phonogram, broadcast or cable  program;2) exclusively for the purposes of training or scientific research;
3) in order to quote in the form of shor t excerpts from the performance, phonogram,
broadcast or cabled program provided that such  citation is done for information purposes. In
this case any use of copies of a phono gram published for commercial purposes by
broadcasting or cable distribution organization sh all be allowed for  air or cable broadcast
only in compliance with the provisions  of Article 39 of this Law; and
4) in other cases set forth by the provisions of Articles 18-25 of this Law with respect to
restrictions of economic rights of the author of works of literature, science and arts.
2. As an exception to provisions of Article 37-41 of this Law, the program may be used for
air or cable transmission and its recording as well as reproduced for personal purposes
without consent of the performer, producer of a phonogram, and air or cable broadcasting
organization. A phonogram may be reproduced provided that remuneration is paid in
accordance with Article 26 of this Law.
3. The provisions of Articles 37, 38, 40 and 41 of this Law concerning the authorization of
the performer, producer of a phonogram air or  cable broadcasting organization for use of
short term recordings of a performance, staging or program, reproduction of such recordingsand reproduction of a phonogram published for commercial purposes if a recording for the
short term use or the reproduction is made  by broadcasting or cable distribution  organization
on its own equipment and for the purposes of its  own broadcasts shall not be applied based
upon the conditions that:
1) the broadcasting organization has obtaine d prior authorization to broadcast the
performance, staging or program with respect to which the recording for the short term use orreproduction of such recording is carried out< pu rsuant to the provisions of this paragraph;
and2) its destruction within the period established for recording for the short term use of theworks of literature, science a nd conducted by  the broadcasting organization pursuant to the
provisions of Article 24 of th is Law, with the exception of a single copy which may be
preserved in official archives on the ba sis of its purely  documentary nature.IP/N/1/KGZ/C/2
Page 27
4. The restrictions stipulated in this Ar ticle shall apply wit hout prejudice to normal
exploitation of a phonogram, performance, stag ing, program’s air broadcast or cable
transmission and recordings thereof, as well as works of literature, science and the artsincorporated  therein, without infringement of  the legitimate interests of the performer,
producer of a phonogram, air or cable broadcas ting organizations and the authors of the
indicated works.
Article 43. Term of Valid ity of Neighboring Rights
1. The rights of the performer provided in this  Section shall remain effective for 50 years
following  the first performance or staging.
The rights of the performer to be named and to  have the protection of the performance against
any distortion or any other infringement laid  down in Article 37 of this Law shall be
protected without limitation in time.
2. The rights provided by this Section to  th e producer of a phonogram shall remain in effect
for 50 years following  the first publication of the phonogram or during 50 years followingthe first recording if the phonogram has not b een published in the course of that period .
3. The rights provided in this Section  fo r the broadcasting organizations shall remain
effective for 50 years following  the first broadcast transmitted by this organization.
4. The rights provided for by this Section fo r the cable distribution organizations shall be
effective for 50 years following the first cable transmission made by this organization.
5. Any period under  paragraphs 1, 2, 3, and 4 of  this Article shall be calculated  from
January 1 of the year following the year in which the legal act occurred that marks thestarting point of the period.
6. In the event the performer has been repressed and rehabilitated after his death the period of
protection of his/her rights provided by this Article shall start from January 1 of the year
following the year of rehabilitation.
7. The heirs (in the case of legal entities - the successors) of a performer, producers of a
phonogram, broadcasting or cable distribution or ganization shall inherit the right to permit
the use of the performance, phonogram, broadcas t or cable transmissions and the right to
receive remuneration within the limits of rest part  of the term specified in paragraphs 1, 2, 3,
4 of this Article.IP/N/1/KGZ/C/2
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Section IV. COLLECTIVE ADMINISTRATION  OF THE ECONOMIC RIGHTS
Article 44. The Objectives  of Collec tive Administration  of Economic Rights
1. Organizations for the collective administration of the economic rights of authors,
performers, phonogram producers and other owners  of copyright or neighboring rights may
be created in cases where their individual exercise is hampered by difficulties of a practicalnature.
Such organizations shall be es tablished directly by the owne rs of copyright and neighboring
rights and operates within the limits of authorities obtained from them on the basis of charterapproved in accordance with the legislation. Th e charter of the organization that administers
the economic rights on a collective basis, must contain the provisions which comply with therequirements of this Law. The refusal to re gister the organization that managers economic
rights of the authors on a collective basis is allowed in the cases if the provisions of thepresent Law as well as legislation establishing the order of registration of public associations
have been violated.
2. Either separate  organizations  with respect to different ri ghts and different categories of
right holders or organizations managing different rights in the interests of different categories
of right owners or a single organization s imultaneously managing copyright and neighboring
rights may be established.
Article 45. Organizations for Collectiv e Administration of Economic Rights
1. The authority to organizations managing economic rights on a collective basis shall be
transferred directly by the owners of the co pyright and neighboring rights on voluntarily basis
by written agreements or their membership in such organization, and also on the basis ofrelevant agreements with the foreign organizations managing similar rights. Such agreementsare not author’s agreements a nd the provisions of Articles 30-33 of this Law shall not extend
to them .
Any author, his heir or any other holder of co pyright or neighboring rights protected pursuant
to Section III of this Law, has the right to en trust under the agreement the exercise of his/her
economic rights to such an organization, and th e organization must agree to exercise these
rights on a collective basis if the administration  of such category of rights forms part of thestatutory activities of this organization.
The organization managing economic rights on a collective basis shall have no rights to be
engaged in commercial activities or use works or objects of neighboring rights which have
been received for management on a collective basis.
2. An organization managing economic rights on a collective basis shall conclude licensing
agreement with the users for the appropriate ways of using works and objects of neighboring
rights. The conditions of such licensing agreements  shall  be identical for all users in a given
category. Such an organization shall not be entitled  to refuse the user to conclude licensingagreement without valid reasons.IP/N/1/KGZ/C/2
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These licensing agreements shall authorize the use of all the works and objects of
neighboring rights in any ways provided therein and shall be granted on behalf of all owners
of copyright and neighboring rights, including those who have not delegated the authorities to
the organization pursuant to pa ragraph 1 of this Article.
All users who have conc luded licensing agreement must carry out the state registration in the
established order and obtain the state registra tion certificate of an appropriate form at
Kyrgyzpatent.
The organization that concluded licensing agre ement must settle all possible economic claims
made by owners of copyright and neighboring rights to users regarding the use of their worksand objects of neighboring rights under such licensing agreements.
3. The organization for administration of economic rights on a collective basis is entitled to
keep unclaimed remuneration including the sums that it distributes afte r expiration of three
years from the date of entering the account or assign it to other purposes in the interests of
owners of copyright or neighboring rights that it represents..Article 46.  Functions and Duties of the Or ganizations for Collective Administration of
Economic Rights
1. An organization managing economic rights  on a collective basis shall perform the
following functions on behalf of the owners of  copyright and neighboring rights represented
thereby based on the authorities entrusted to it  by them:
1) agree with the users the amount of re muneration and other conditions on which the
licensing agreements are concluded:2) conclude licensing agreements with the us ers to exercise the rights under the management
of this organization;3) agree with the users the amount of re muneration in the event the organization is
responsible for  collecting  such remunera tion without conclusion of licensing agreement
(Article 26, and paragraphs 2 and 3 of Article 39 of this Law);
4) collect remuneration as provided by licensi ng agreement and/or remuneration as provided
by subparagraph 3 of this paragraph;5) allocate and pay out the collected remunerati on to the owners of copyright and neighboring
rights represented by the organization;6) perform any legal actions essential to the defense of the rights under the management of
this organization; and7) perform any other activities in accordance with authorities granted by the owners of
copyright and neighboring rights.IP/N/1/KGZ/C/2
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2. The organization managing economic rights  on a collective basis must carry out the
following duties in the interests of owne rs of copyright and neighboring rights:
1) use remuneration collected exclusively for allocation  and payment to the holders of
copyright and neighboring rights pursuant to th e provisions of subparagraph 4 of paragraph 1
of the present Article. At the same time, the organization shall have the right to deduct fromcollected remuneration the amount s to cover expenses actually associated with collection,
distribution and payment of such remuneration, as  well as amounts to be allocated to a special
fund established by the organization on the deci sion of its members. The Government of the
Kyrgyz Republic shall establish the amounts of deductions to the State Intellectual Property
Fund for the use of works and objects of neighboring rights on  the territory of the KyrgyzRepublic.2) allocate and regularly pay the collected am ounts of remuneration with  the deduction of the
amounts referred to in subparagraph 1 of this paragraph proportionally to the actual use of
works and objects of neighboring rights concerned;3) simultaneously with payment of remuneration to the owners of copyright and neighboring
rights submit the statements containing the data on the use their rights.
3. Owners of copyright and neighboring rights who do not authorize the organizations
managing economic rights on a collective basis to collect remuneration in compliance withsubparagraph 4 of paragraph 1 of this Article, shall have the right to demand the organization
pay them the remuneration accruing to them, as well as exclude their works and objects of
neighboring rights from licenses gran ted by this organization to users.
Article 47.  Control over the Activities of Or ganizations for Collective Administration of
Economic Rights
1. An organization managing the economic rights on a collective basis must submit to
Kyrgyzpatent, that keeps control over its activities, the following data:1) changes introduced to the charter or othe r foundation documents of such an organization;
2) bilateral and multilateral agreements concluded by this organization with foreignorganizations managing similar rights;3) decisions of the general meetings;4) annual balance sheet, annual statement including data on uncla imed remuneration and
auditing results;5) persons, authorized to represent such organization;
2. Kyrgyzpatent has the right to require add itional information from this organization, which
is necessary to check the activities of this organization for compliance with this Law,legislation on public associati ons or other legislation, as well as the charter of the
organization.
3. Kyrgyzpatent shall carry out the functions a nd obligations of these organizations pursuant
to this section prior to the establishment of organizations that manage economic rights on acollective basis.IP/N/1/KGZ/C/2
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Section V. PROTECTION OF COPYRIGHT AND NEIGHBORING RIGHTS
Article 48.  Violation of Copy right and Neighboring rights.
Violations of copyright and neighboring righ ts provided by this Law shall entail civil,
criminal and administrative liab ility pursuant to the legislation of the Kyrgyz Republic.
Article 49. Civil-Legal and Other Measures for Protection of Copyright and Neighboring
Rights
Protection of copyright and neighboring rights  is carried out by the court by way of:
1) recognition of the said rights;2) restoration of the situation existin g prior to the violation of the right;
3) suppression of actions violating the ri ght or creating a threat of violation;
4) indemnification of the losses;5) recovery of the income received by an infringer in the result of violation of copyright andneighboring rights instead of the indemnification of losses;
6) payment of compensation in the amount from 20 to 50 000 minimum monthly salaries setforth by the legislation of the Kyrgyz Republic at the discretion  f the court instead ofindemnification of losses or  recovery of income; and
7) taking other measures provided by legislativ e acts and related to protection of their rights.
Measures specified in subparagraphs 4, 5 and 6 of this paragraph sh all be applied on the
choice of the owner of copyright and neighboring rights.
2. The owners of the exclusive copyright and neighboring rights have the right apply for
protection of their rights to court, arbitra tion court, a third part y’s arbitration court,
investigation body or bodies of preliminary i nvestigation in accordance with the scope of
competence thereof and in the established order.
3. The counterfeit copies of the works or  phonograms shall be subject to mandatory
confiscation on the decision of the court or a single judge as well as the decision of the
arbitration court. The confis cated counterfeit copies of th e works or phonograms shall be
destroyed, except for the cases when such copies are transferred to the holder of the copyright
or neighboring rights, by his request. The court or a single judge as well as arbitration court
may rule on confiscation of the materials and the equipment used for production and
reproduction of counterfeit copies  of the works or phonograms.
4. By the demand of the author or owner of neighboring rights, the person guilty of willful
destruction or negligent destructi on of the original of a work of  fine art, manuscript or final
variant of the audio-visual work (negative, or iginal record), shall be obliged to indemnify
material and moral damage, pu rsuant to requirements of pa ragraph 1 of this Article.IP/N/1/KGZ/C/2
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Article 50. Provision of Cl aim in the Cases of Violation of  Copyright and Neighboring Rights
1. The court or a single judge, as well as arb itration court may rule to prohibit the defendant
or a person believed with sufficient grounds to be a violator of copyright or neighboring
rights, to perform certain actions (production, reproduction, sale, rental , import or other use
provided by this Law, as well as transpor tation, storage or possession with the purpose of
releasing into civil turnover copies of the works or phonograms assume d to be counterfeit).
2. The court or a single  judge, as well as th e arbitration court may rule to arrest and
confiscate all copies of the works and phonogr ams believed to be counterfeit, as well as
materials and equipment meant fo r their production and reproduction.
In the presence of sufficient information on viol ation of copyright or neighboring rights the
investigation body, interrogator, court or a single judge are obligated to take measures tosearch and seize the copies of the works or phonograms believed to be counterfeit, as well as
the materials and equipment meant for producti on and reproduction of copies of the works
and phonograms as well as documents confirming actions violating the present Law,including measures on their withdrawal a nd  transfer to the official custody.
Section VI. FINAL PROVISIONSArticle 51. Enactment of the Present Law1. Implement the present Law as of the date of its publication.2. The present Law shall be applied to the re lations on creation as well as use of objects of
copyright and neighboring rights arisen after its implementation.
3. Until the compliance of the legislation of the Kyrgyz Republic with the present Law,
normative acts of the Kyrgyz Republic shall be applied in the parts where they do notcontradict to the present Law.
4. The Law shall expand to the works and objects of neighboring rights that have not been
earlier protected by copyright, for the period remaining before expiration of 50 years from thedate of its legitimate pub lication or before expiration of 50 ye ars as of the date of its creation
if they were not promulgated.
5. The term of protection of the authors’ rights  stipulated by Article 27 of the present Law
shall be applied to the works for which the effective term of copyright before publication ofthe present Law is not expired.
6. Within three months after publication of th e present Law the Government of the Kyrgyz
Republic shall:- prepare and introduce to the Jogorku Kenesh of the Kyrgyz Republic proposals with respect
to compliance of the legislation with the present Law;- bring into compliance with the present Law normative acts issued by the Government of theKyrgyz Republic, Ministries and Administr ative Agencies of the Kyrgyz Republic.IP/N/1/KGZ/C/2
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The President of the Kyrgyz Republic A. Akaev
Adopted by the Legislative Assembly
of  Jogorku Kenesh of the Kyrgyz Republic          December 16, 1997
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