WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/KGZ/C/3
30 July 1999
(99-3241)
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 Legal Protection of Computer
Programs and Data Bases, of 30 March 1998, as notified by the Kyrgyz Republic under Article 63.2of the Agreement (see document IP/N/1/KGZ/1).
Conseil des aspects des droits de propriétéintellectuelle 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 texte
1 de la Loi du 30 mars 1998 sur la protection juridique
des programmes d'ordinateur et des bases de données, notifiée par la République kirghize, au titre del'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 la protección jurídica de
programas informáticos y bases de datos, de 30 de marzo de 1998, que la República Kirguisa hanotificado 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/3
Page 2
As of March 30, 1998, # 28
LAW OF THE KYRGYZ REPUBLIC
On Legal Protection of Software and Databases
Chapter 1. General Provisions
Chapter 2. CopyrightChapter 3. Use of software and databaseChapter 4. Protection of rights
Chapter 1. GENERAL PROVISIONS
Article 1.  General Terminology
General terms used in this Law are as follows:
• software is an objective form of presenting a ggregation of data and orders aimed
at  functioning of computers with th e purpose of obtaining a certain result;
• database  is an objective form of presenting and arrangement of aggregation of
data, systematized in such a way that these data could be  found and processed
with the help of a computer;
• adapting of software or database  is introduction of cha nges made exclusively
with the purpose of providing functioning of software or database in specific
technical facilities of the user or under th e administration of specific programs of
the user;
• modification (processing) of software or database  is any changes other than
adapting;
• original text  is a text written in any programming language not altered by any
compiler;
• object code  is a program obtained in the result of reorganization of the original
text into machine code;
• compilation of software  is the technical device wh ich includes transformation of
the original text into the object code in order to study the structure and code the
software program;
• de-compilation of software  is a technical device whic h includes transformation of
the object code into the original text fo r the purpose of studying the structure and
coding of the software;
• reproduction of the software or database  is manufacturing of one or more copies
of the software or database in any material form as well as their saving in
computer memory;
• distribution of software or database  is granting an access to software or database
reproduced in any material form, including  by means of a network or other ways,
as well as by means of sale, rent, lease,  lending, including import for any of these
purposes;IP/N/1/KGZ/C/3
Page 3
• public release (publication)  of software or database  is provision of copies of the
software or database to an indefinite  number of people under the consent of the
author (including by mean s of computer saving, and issue of the printed text)
under condition that the number of such copi es meets the needs of this circle of
persons taking into account the nature of the works mentioned;
• use of the software or database  is a public release, re production, distribution and
other actions to introduce them into ec onomic turnover (including in modified
form). Transmission of the informa tion through mass media on the published
software or database shall not be considered as  use of software or database;
In the present Law the  right owner shall be understood as an  author, his heir, and any natural
person or legal entity who possesses exclusive ec onomic rights acquired by virtue of the law
or an agreement.
Article 2.  Relationships Regulated by this Law
This Law shall regulate relati onships with respect to creation, legal protection and use of
software and database.
Software and database shall be referred to objects of copyright according to the present Law.
Software shall be provided with legal protection as to works of literature, and database - as tocompilations.
The State Intellectual Property Agency unde r the Government of the Kyrgyz Republic
(hereinafter - Kyrgyzpatent) shall provide st ate regulation in the area of software and
database protection.
Article 3.  Object and Conditions of Legal Protection of Software and Database
Copyright shall extend to any software and databases both released and never published,
presented in the objective form regardless of their material bearer, purpose and merits.
Copyright shall extend to the software and databases that are the results of creative activity of
an author. The creative nature of author’s activity shall be implied until proved otherwise.
Legal protection granted by this Law shall extend to all kinds of software (including
operational systems and program complexes), which may be expressed in any language and
in any form, including original texts, and an object code.
Legal protection granted by this Law shall extend to the databases which are the result of
creative labor on collection and arrangement of da ta.  Databases shall be  protected regardless
of whether the data on which they are base d or which they include are the objects of
copyright.
Legal protection granted by this Law shall not extend to the ideas and principles which lay in
the basis software or database or some of their elements, including ideas and principles of
arranging interface and algorithms, as well as programming languages.IP/N/1/KGZ/C/3
Page 4
Copyright to software and databases shall not be related to the property right to their material
carrier. Any assignment of rights to the material carrier shall not entail the transfer of anyrights to software or databases.
Article 4.  Conditions for Recognition of Copyright
Software or database shall be eligible for copyright by virtue of the mere fact of their
creation. In order to recognize and exercise copyright to software or database depositing,
registration or meeting of other formalities shall not be required.
Since the first public release of software or data base  the right owner, in order to give notice
of his rights, may use the copyright mark, consisting of three elements:
• letter C in a circle or round parenthesis;
• denomination (name) of the right owner;
• year of the first publication of software or database.
Article 5.  Copyright to Database
Copyright to database consisting of materials other than objects of copyright shall belong to
the persons who have created the database.
Copyright to database shall be recognized provided that the copyright to each of the work,
included in this da tabase is observed.
Copyright to each of the works included in the database shall be retained.  These works may
be used regardless of such database.
Copyright to database shall not prevent other persons to independently select and arrange
works and documents incl uded in this database.
Article 6. Validity T erm of Copyright
Copyright shall become effective from the moment of creation of software or database and
shall be effective throughout the lifetime of the author and for 50 years after his death starting
from January 1 as of the year following the year of author’s death.
Expiration of the effective term of copyright to software or database created in co-authorship
shall be calculated from the date of de ath of the last surviving co-author.
Copyright to software, database released  anonymously or under the pseudonym shall be
effective from the moment of their public release during 50 years. If during the establishedterm the author of software or database re leased anonymously or under pseudonym reveals
his/her identity, or if the author’s pseudonym  leaves no doubt of his personality, than theprotection term provided by the firs t item of this Article shall apply.
Personal non-economic rights of the author to so ftware or database sh all be protected without
time limits.IP/N/1/KGZ/C/3
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Article 7.  Scope of this Law
Copyright to software or database first publicly released on the territory of the Kyrgyz
Republic or not released, but staying on its territory in any objective form, shall be effectiveon the territory of the Kyrgyz Republic. It shall be recognized as belonging to the author, hisheirs or other legal successors of the author regardless of citizenship.
Copyright shall be recognized as belonging to the citizens of the Kyrgyz Republic whose
software or database have been publicly released or is located in some objective form on theterritory of a foreign state or as belonging to their legal successors.
Copyright to software or database first released or staying in some objective form on the
territory of the foreign state shall be recognized as belonging to other persons in accordancewith international treaties of the Kyrgyz Republic.
Chapter 2.  COPYRIGHTS
Article 8.  Authorship
Author of software or database shall be a ph ysical person by whose creative labor they have
been made.
If the software or database is created by the joint creative activity of two or more physical
persons than regardless of whether the program or  database consist of elements each of which
has an independent significance or is indivisible, then each of these persons shall berecognized as an author of such software or database.
In the event that the software or database elements have an independent meaning each of the
authors shall have the copyright to the part created by him.
Article 9.  Personal Non-economic Rights
The author of the software or database rega rdless of his economic rights shall enjoy the
following personal non-economic rights:
• right of authorship, i.e. the right to be considered the author of the software or
database;
• right to a name, i.e. the right to determine the form of indication of author’s name
in the software, database: under his ow n name, conditional name (pseudonym) or
anonymously;
• right to inviolability (integrity), i.e. the right to protection of both the software
itself or database and their denominations  against various distortions or other
infringements capable of inf licting harm to the honor and dignity of the author.
Article 10.  Economic Rights
The author of software or data base or another legal successor shall enjoy the exclusive right
to carry out and (or) to permit performance of following actions:IP/N/1/KGZ/C/3
Page 6
• public release of software or database;
• reproduction of software or da tabase (in full or in part) in any form, in any way;
• distribution of software or  database, including rent;
• modification of software or database incl uding translation of software or database
from one language into another;
• other use of software or database.
The order of exercising the rights which belong to several authors of so ftware or database or
other right owners is determined by the agreement between them. In the default of suchagreement, each of them may use protected obj ect on his own, but has no right to provide the
agreement on full concession of a ll economic rights without consent of other right owners. In
the event the agreement on provision of the fu ll concession of all ec onomic rights is not
concluded, the argument between them may be solved in legal form.
Article 11.  Transfer of Economic Rights
Economic rights to software or database may be assigned in full or in part to other natural
persons or legal entities by agreement.
The agreement shall be concluded in writing a nd must contain the following conditions: the
scope of assigned rights and the way of using the software or database, procedure of payment
and amount of remuneration, territory a nd effective term of the agreement.
The agreement on assignment of economic rights or a licensing agreement for the registered
software or database  shall be registered with Kyrgyzpatent.
The agreement on transfer of economic rights to  software or database is not valid without
registration at Kyrgyzpatent.
Economic rights to software or database shall be assigned by succession pursuant to the
procedure established by the Law.
Article 12.  Economic Rights  to Software or Database Created in the Course of
Execution of Work Duties
Economic rights to software or database created in the course of execution of work duties or
under the assignment of the employer shall belong to the employer unless otherwise is
provided by the agreement between him and the author.
Procedure of payment and amount of remunera tion shall be established by the agreement
between the author and the employer.
Article 13.  Right to Registration
The right owner of all the economic rights to software or database may register his software
or database directly or through his represen tative during the effective period of  copyright
upon his wish by way of submitting an applicationto Kyrgyzpatent.IP/N/1/KGZ/C/3
Page 7
Article 14.  Registration of Software or Database
Application for official registration of software or database (hereinafter referred to as
application for registration) shall refe r to one software or one database.
Application for registration must contain:
• application for official regi stration of software or data base with the indication of
right owner as well as the author, unless he  refused to be mentioned as such and
their place of location (place of residence);
• deposited documents identifying the softwa re or database, including an abstract
with  mandatory information on docum entation developed for software or
database; the abstract for database shall indicate decoding of the subject area,source of data, composition, name and conten t of each separate file of the whole
database, number of separate record s of each file, data retrospective;
• document confirming the payment of the re gistration fee in the established amount
or grounds for exemption from the payment of registration fees and for reduction
of its amount.
Rules of filing the application for registration shall be determined by Kyrgyzpatent.After receipt of an application for registration Kyrgyzpatent shall check the availability of the
documents required and their compliance with the requirements set forth in paragraph 2 of
this Article.
Within two months after filing the applicati on, the applicant shall be  entitled to update, add
and make changes  in the materials of the application.
Consideration of the application sh all be  made within six months.
Should the results of the examination be positiv e, Kyrgyzpatent shall enter the software or
database into the software state register of the Kyrgyz Republic or the database State register,publish the information about registered softwa re or database in the official bulletin of
Kyrgyzpatent and grant the certificate on official registration to the applicant.
Procedures for official registra tion, forms of certificates on offi cial registration, content of the
data indicated therein shall be established by Kyrgyzpatent.  Kyrgyzpatent shall also define
the list of data to be published in the official bulletin.
The information entered into the Software State Register of the Kyrgyz Republic and the
Database State Register of the Kyrgyz Republic shall be considered authentic until otherwiseis proved.
The liability for authenticity of the indicated information shall be with the applicant.Registration fees shall be paid for execution of  actions related the o fficial registration of
software or database, contract s and publication of information.IP/N/1/KGZ/C/3
Page 8
Amounts, deadlines of payment of registrati on fees and grounds for exemption from payment
thereof or reduction of their amounts shall be established by the Government of the Kyrgyz
Republic.
All the financial resources ac cumulated on the Kyrgyzpatent account, including those in
foreign  currency, shall be used by Kyrgyzpatent to cover costs related to activities envisagedin this article and also for equipment, establishment and use of automated system, for trainingand motivation of the staff.
Chapter 3.  USE OF SOFTWARE AND DATABASE
Article 15.  Use of Software or Database under the Contract with the Right Owner
Third persons (users) shall use software or database pursuant to the contract with the right
owner, except for  cases of resale, transfer of the property right in any way or any other rightsto the copy of software or database after the sa le or any other transfer of the property right to
this copy is allowed without consent of the right owner and without payment of additional
remuneration.
The contract for use of software or database shall be formalized in writing.When selling and providing access to software or database to mass us ers special procedures
shall be applied, pa rticularly by setting forth standard conditions for the use determined by
the right owner.
Article 16.  Free Reproduction and Adapting of Software or Database
A person lawfully owning the copy of soft ware or database sh all be entitled, without
additional authorization of the right-owner to accomplish any actions connected with thefunctioning of software or database in acco rdance with its purpose, including saving and
storing in the memory of a computer and co rrecting obvious mistakes.  Saving and storing in
the memory of the computer shall be allowed in relation to one computer or one user in thenetwork unless otherwise is  provided by the contract with the right owner.
With the exception of provisions of paragraph 3, Article 10 of this Law, a person lawfully
owning a copy of software or database sha ll be entitled, without the consent of the right
owner and without the payment of additional remuneration to:
• make adapting of software or database;
• make or order to make copies of software  or database provided that this copy has
only archive purposes and, if necessary (in case when the original of the software
or database was lost, destroyed or became not suitable for use) for substitution oflawfully purchased copy. In this case the software or database can not be used for
other purposes and must be destroyed in case  if the further use of this software or
database ceases to be lawful.IP/N/1/KGZ/C/3
Page 9
A person lawfully owning the copy of the softwa re shall be entitled without the consent of the
right owner and without payment of additional re muneration to de-compile  or entrust to de-
compile the software with the purpose to study coding and structure of this program provided
that:
• information necessary for interaction of independently developed by this person
software with other programs is  not available from other sources;
• information received in the result of this de-compilation may be used only for
arranging interaction of i ndependently developed by this person software with
other programs, but not for creation of the new software with significantly similarexterior with the de-compiled software or for realization of any other action
violating the copyright;
• de-compilation is accomplished in relation only to those parts of the software
which are necessary for arranging such interaction.
Chapter 4.  PROTECTION OF RIGHTS
Article 17.  Infringement of Copyright.  Counterfeit Copies of Software or Database
Infringement of the requirements provided by th e Law on protection of copyright to software
and database shall entail civil, administrative and criminal liability pursuant to the legislationof the Kyrgyz Republic.
Copies of software or database that are manuf actured or used in violation of copyright shall
be deemed counterfeit copies.  
Copies of software or databa se protected in the Kyrgyz Republic under this Law that are
imported in the Kyrgyz Republic from a state in which this software or database has neverbeen protected or has ceased to be protected  by the law, shall also constitute counterfeit
copies.
Article 18.  Protection of Ri ghts to Software or Database
Author of software or database or othe r right owners have the right to require:
• recognition of rights;
• restoration of the position which existed prior to the infringement of the right and
cessation of the actions that infringe the right or create the threaten of its
infringement;
• recovery of the losses caused, the amount of which shall incl ude revenues illegally
obtained by the infringer;
• payment of compensation by the infringer in the amount from 50 to 20 000 times
of the minimum monthly wage set up by the legislation of the Kyrgyz Republic, in
cases of infringement for the purpose to ma ke profit instead of recovery of losses;
• undertake other measures s tipulated in the normative acts and related to the
protection of their rights.
The right holders may apply to court in order to protect their rights.IP/N/1/KGZ/C/3
Page 10
Besides the recovery of losses or payment of  compensation, the court may impose a fine in
the amount of 10 % from the amount assigned by c ourt in favor of the plaintiff, to the income
of the republican budget of the Kyrgyz Republic;
Court may order the confiscation of counterfeit copies of soft ware or database as well as
materials and equipment used for their reprodu ction and manufacture a nd destruction thereof
or transfer to the republican budget of the Kyrgyz Republic or to the plaintiff at his request ascompensation for losses.
Article 19.  Seizure of Counterfeit Copies of Software or Databases
Copies of software or data bases manufactured, reproduced, distributed, sold, imported or
used otherwise or intended for use in violati on of the rights of authors of software and
databases, and of other right owners, may be seized pursuant to the procedure established by
the legislation of the Kyrgyz Republic.
Article 20.  Protection of Rights to Software and Data base in Foreign Countries
The author or any right owner may seek legal pr otection of software or database in foreign
countries after registration of a respective a pplication at Kyrgyzpatent. Non compliance with
this provision shall entail the liability provided in the legisl ation of the Kyrgyz Republic.
Expenses related to obtaining legal protection of software or  database in foreign countries
shall be covered by the person seeking such protection or other natural or legal entity
pursuant to the agreement with him.
Article 21.  Rights of Foreign Physical Pers ons and Legal Entities
Foreign physical persons and legal entities shall enjoy the rights provided by this Law equally
with natural persons and legal entities of the Kyrgyz Republic by virtue of international
treaties of the Kyrgyz Republic or on the basis of the principle of reciprocity.
Article 22.  Intern ational Treaties
Where an international treaty to which the Kyrgyz Republic is signatory stipulates other rules
then those set force in this Law, the provisions of an international treaty shall apply.
Article 23. Implementation  of the present Law
1.  The Law shall come into force from the moment of its publication.
(Erkin – Too; Svobodnyie Gory, April 4, 1998, # 41-42 ).
 
2.  Until the legislation of the Kyrgyz Republic  is in compliance with the present Law,
normative legal acts of the Kyrgyz Republic in the part  which do not contradict with thepresent Law shall apply.
 IP/N/1/KGZ/C/3
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3.  The Law of the Kyrgyz Republic “On Legal Pr otection of Software and Database” shall
expand to the relations connected with deve lopment and use of software and database
which appeared after implementation of the present Law.
 
4.  The Government of the Kyrgyz Republic is entrusted to bring to compliance all their
normative acts with the present Law.
The President of the Ky rgyz Republic A. Akaev
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