WORLD TRADE
ORGANIZATIONIP/N/1/KGZ/1
1 July 1999
(99-2726)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
KYRGYZ REPUBLIC
By means of communications dated 25, 28 and 29 June 1999, the following notification has
been received from the Kyrgyz Republic under Article 63.2 of the Agreement.
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Pursuant to Article 63.2 of the TRIPS Agreement and the procedures set forth in the TRIPS
Council, the Kyrgyz Republic is pleased to notify the Council for Trade-Related Aspects of
Intellectual Property Rights on laws and regulations related to the activities covered by the
Agreement, as follows:
- The "Main Laws and Regulations" are submitted in the original language and in an
unofficial English translation and are listed in Annex I.
- "Other Laws and Regulations" are submitted in the original language and are listed in
Annex II.
- Answers to the Checklist of Issues on Enforcement.1
                                                     
1 See document IP/N/6/KGZ/1.IP/N/1/KGZ/1
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ANNEX 1
MAIN LAWS AND REGULATIONS OF THE KYRGYZ REPUBLIC
- The Civil Code, Part 2, of 5 January 1997.2
- The Law on Copyright and Neighbouring Rights, of 14 January 1998.3
- The Law on Trademarks, Service Marks and Appellations of Places of Origin of Goods, of
14 January 1998, that took effect on 28 January 1998.4
- The Patent Law, of 14 January 1998, that took effect on 4 February 1998.5
- The Law on Legal Protection of Selective Bree ding Achievements, of 13 June 1998, that took
effect on 26 June 1998.6
- The Law on Legal Protection of Integrated Ci rcuits, of 31 March 1998, that took effect on
10 April 1998.7
- The law on Commercial Secrets, of 30 Ma rch 1998, that took effect on 10 April 1998.8
- The Law on Legal Protection of Computer Pr ograms and Data Bases, of 30 March 1998, that
took effect on 4 April 1998.9
                                                     
2 See document IP/N/1/KGZ/C/1 – IP/N/1/KGZ/I/1.
3 See document IP/N/1/KGZ/C/2.
4 See document IP/N/1/KGZ/I/2.
5 See document IP/N/1/KGZ/P/1.
6 See document IP/N/1/KGZ/P/2.
7 See document IP/N/1/KGZ/L/1.
8 See document IP/N/1/KGZ/U/1.
9 See document IP/N/1/KGZ/C/3.IP/N/1/KGZ/1
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ANNEX II
OTHER LAWS AND REGULATIONS OF THE KYRGYZ REPUBLIC
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Intellectual Property
The Civil Code, Part 1, of 8 May 1996. Contai ns general provisions on civil remedies to
protect intellectual property rights.
The Civil Code, Part 2, of 5 January 1997.10Section V of the Civil Code contains fundamental
provisions on all areas of intellectual property.
The Civil Procedural Code, of 30 June 1964. Provides for courts to undertake measures to
ensure evidence and lawsuits.
The Arbitrage Procedural Code, of 16 April 1999. Describes the procedures to review cases related
to intellectual property by the Arbitrage Courts.
The Administrative Liability Code, of1 January 1998.Provides for liability for administrative offences
that infringe upon intellectual property, including
confiscation of counterfeit goods with their
further destruction.
The Criminal Code, of 29 December 1960. Regulates the authorities of the law enforcement
agencies and court related to filing civil lawsuits.
The Criminal Procedural Code, of
29 December 1960.Regulates the authorities of the law enforcement
agencies and court related to filing civil lawsuits.For example, the concerned property may be
seized and the decision to undertake remedies
may be made only after the person is charged.
The Customs Code, of 30 July 1997, that tookeffect on 1 January 1998.Contains norms and provisions that require the
customs bodies to undertake measures to hold
counterfeit goods that infringe upon rights in
intellectual property, in particular, to suspend
release of goods in circulation upon the right
owner's application.
                                                     
10 This Code has also been notified as a main  law (see document IP/N/1/KGZ/C/1-IP/N/1/KGZ/I/1).IP/N/1/KGZ/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright and Neighbouring Rights
The Rules to Complete, File and Review
Applications for Registration of Objects of
Copyright and Neighbouring Rights, of
20 October 1998.These rules regulate the procedure to complete,
file and review applications for registration of
objects of copyright and neighbouring rights.
The registration of the aforementioned mattershall be effected upon the applicant's request.
The Regulation on Minimal Fees for Use ofObjects of Copyright and Neighbouring Rights,of 17 December 1998.This regulation lays down the minimal amounts
of remuneration to be paid by users to the ownersof copyright and neighbouring rights.  These rates
are applied, if the agreement (contract) between
the user and the author does not provide
otherwise.
The Regulation on Fees for Registration of
Objects of Copyright and Neighbouring Rights,of 14 May 199, Nº 259.This regulation sets forth fees for registration of
objects of copyright and neighbouring rights andcopyright agreements.
The Rules to Fill, Compile, File and Review
Applications for Official Registration of
Computer Programs and Data Bases, of26 March 1999.These rules regulate the procedure to compile and
file an application to have a computer program or
a data base registered.
Trademarks
Resolution Nº 346, of 12 June 1998, on theApproval of the Regulation on Fees Taken for
Patenting of Inventions, Utility Models and
Industrial Designs, Registering of Trademarks,
Service Marks and Appellations of Origin of
Goods, Assigning of Rights to Use Appellationsof Origin of Goods.This resolution lays down the amounts, terms and
procedure to pay fees for registration of
trademarks and service marks.
The Rules to Complete, File and ReviewApplications for Registration of Trademarks and
Service Marks, of 4 June 1988.These rules list the requirements used in respect
of applications for registration of trademarks in
terms of their completion, presentation andreview, as well as the examination tests for
trademarks, terms and registration procedure for
trademarks.IP/N/1/KGZ/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Geographical Indications
The Rules to Complete, File and Review
Applications for Registration and Assignment of
Rights to Use Appellations of Origin and
Applications for Assignment of Right to UseRegistered Appellations of Origin of Goods, of
30 June 1998.These rules regulate the procedure to file and
review applications for registration and
assignment of rights to use appellations of origin
of goods and applications for assignment ofrights to use registered appellations of origin of
goods.
Industrial Designs
The Rules to Complete, File and ReviewApplications for Preliminary Patents for
Industrial Designs, of 4 June 1998.These rules lay down the legal procedure to file
and review applications for registration of
industrial designs.
Patents
Resolution Nº 862, of 24 December 1998, on theApproval of the Regulation on the Terms and
Procedure to Provide Compulsory Licenses for
Objects of Industrial Property and Its Use, and
enacted on 20 December 1998.This regulation lays down the terms and
procedure to issue compulsory licenses to use
objects of industrial property that are protected by
preliminary patents and patents.
The Rules to Complete, File and Review
Applications for Preliminary Patents and Patents
for Inventions, of 12 June 1998.These rules meticulously regulate the procedure
to receive preliminary patents and patents for
inventions.
The Rules to Complete, File and ReviewApplications to Issue Certificates for Utility
Models, of 27 April 1998.These rules relate to the procedure to obtain
certificates for utility models by applicants.
Resolution Nº 572, of 28 August 1998, on theApproval of the List of Botanical and ZoologicalGroups and Plant Varieties and Animal Breeds.Lists all botanical groups and plant varieties, the
seeds of which are subject to protection under theLaw on Legal Protection of Selective Breeding
Achievements.
The Rules to Complete, File and Review
Applications for Patents for Selective BreedingAchievements, 18 November 1998.These rules regulate the procedure to file and
review applications for patents for selectivebreeding achievements.
Resolution Nº 170 on Amendments and Changes
to Resolution Nº 572, of 28 August 1998, on the
Approval of the List of Botanical and Zoological
Groups and Plant Varieties and Animal Breeds.This resolution extends the list of botanical and
zoological groups and plant varieties, seeds of
which are subject to protection pursuant to the
Law on the Legal Protection of Selective
Breeding Achievements.IP/N/1/KGZ/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
The Regulation on Fees Charged for Patenting
Selective Breeding Achievements.Defines the amounts of fees collected for
patenting selective breeding achievements.
Lay-out Designs of Integrated Circuits
The Rules to Complete, File and Review
Applications for Registration of Integrated
Circuits, of 9 April 1999.These rules regulate the completion, submission
and review of applications for registration of
integrated circuits.
The Regulation on Fees Collected for
Registration of Computer Programs, Data Basesand Lay-outs of Integrated Circuits, of
26 May 1999.Defines the amounts and collection procedure to
fees charged for registration of computerprograms, data bases and lay-outs of integrated
circuits.
Intellectual Property Agency (Kyrgyzpatent)
The Regulation on the State Intellectual Property
Agency under the Government of the KyrgyzRepublic (Kyrgyzpatent), of 7 July 1998.This regulation regulates the operations and
activities of Kyrgyzpatent
The Regulation on the Appellate Board under
Kyrgyzpatent, of 30 December 1998.Regulates the operations and activities of the
body of first instance to review disputes related to
objects of intellectual property.
The Rules to File Objections and Their Reviewby the Appellate Board under Kyrgyzpatent, of
30 December 1998.These rules define the procedure to file objections
and their review by the Appellate Board under
Kyrgyzpatent.
The Regulation on the State Register of Objectsof Intellectual Property of the Kyrgyz Republic,
of 28 April 1998.Defines the procedure for Kyrgyzpatent to
maintain the State Register of Objects of
Intellectual Property.
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