стр. 1 из 5 THE LAW  OF THE KYRGYZ  REPUBLIC  
Bishkek, January 12, 2015, No4  
 
On the Introduction of Amendments and Supplements to the Law of The Kyrgyz Republic 
“On the Legal Protection of Selection Achievements ” 
 
Article 1.  
Introduce to the Law of The Kyrgyz Republic “ On the Legal Protection of Selection Achievements” 
(Gazette of the Jogorku Kenesh of The Kyrgyz Republic, 1998, No10, p 375) following amendments and 
supplements:  
1. In paragraph 2 of the preamble the words “ in accordance with the list, approved by the Govern ment 
of The Kyrgyz Republic” shall be excluded.  
2. Throughout the whole text in state language:  
The words “one of a kind” shall be replaced by the word “special”;  
The words “not one of a kind” shall be replaced by the word “ not special ”. 
3. In paragraph 5 of Art icle 1 text in state language  the word “zygotes” shall be replaced by the word 
“zygotes”.  
4. Article 3 shall be stated as follows:  
“Article 3. State regulation concerning the legal prote ction of selection achievements.  
State regulation concerning the legal pr otection of selection achievements is conducted by the 
Government of The Kyrgyz Republic.  
Primary consideration of disputes on the issues of protection of selection  achievements is carried 
out by the Appeal Council in the manner determined by the Governmen t of the Kyrgyz Republic.  
On the basis of the conducted testing of selection  achievements for distinctness, uniformity and 
stability, an opinion on their protection is made.  
The list of zoological genera and species of animals and the list of botanical gen era and plant 
species, the seeds of which are allowed to grow on the territory of the enterprise for two years for 
their own use, are approved by the Government of the Kyrgyz Republic. "  
5. In the name of second section of text in state language the word “pro cedure” shall be replaced by the 
kyrgyz variety of word “procedure”.  
6. In Article 5:  
In Part 4 the words “authorized state organ in the field of intellectual property, if another is not 
mentioned by the international treaty of The Kyrgyz Republic” shall be r eplaced by the word 
“established order, determined by the Government of The Kyrgyz Republic”;  
Part 5 shall be stated as follows:  
“Employees of the state organs in the field of intellectual property and agriculture and melioration 
within the whole period of  work at the office do not have a right to submit an application on 
issuance of a patent on selection achievement”.  
7. In Part 3 of Article 6 the words “to the authorized state organ in the field of intellectual property” shall 
be excluded.  
8. Article 7 shall be  stated as follows:  
“Article 7. Submitting an application on issuance of patent  
  
стр. 2 из 5 The documents  for application  on issuance  of patent  are given  in state  and official languages. If  the 
documents  are presented  in different  language , the translation  to the state or official language is attached  
to the application.  
Application  must  contain:  
1) Application  
2) Description  of the sort, breed:  
For sorts  of plants  – resume  of the sort:  
For breed  of animal  – description  in accordance  with existing  method  of approbation  of 
farm animals;  
3) The document  that confirms  the payment  of relevant  duty for submitting  the application  
or exempts from the payment of duty for submitting the application, or giving reasons 
for decreasing its amount.  
Requirements  for the application  and attac hed documents  are established  by the Rules  of 
compose, submitting an application on the selective achievement (hereinafter – Rules), 
approved by The Kyrgyz Republic.  
Application  must  be related  to one selection  achievement.  
Applicant  takes  responsibility  of reliability  of information , stated  in the materials of the 
application.  
Applicant  has the right to recall  the application  in any time until the date of receiving the 
decision of issuance of patent.  
9. In part 7 of Article 8 the words "the selectionist  at the request of the authorized state body in the field 
of intellectual property" shall be replaced by the word "applicant".  
10. In Article 9:  
Throughout  the whole  text the words  “to the authorized  state  organ  in the field of intellectual  
property ” in different  case forms  shall be excluded;  
In part 5 the words  “to the selectionist ” shall be replaced  by the words  “to the applicant ”. 
11.  In article 11:  
Part 1 shall be stated as follows:  
“The preliminary examination of an application for a selection achievement shall be car-ried out 
within two months of its being filed with the authorized State Agency for Intellectual Property. 
During the preliminary examination the authorized State Agency for Intellectual Prop -erty shall 
verify that the documents specified in Article 7 o f this Law are present and that the name of the 
selection achievement meets the requirements of Article 8 of this Law, and ascer -tains the priority 
of the selection achievement. ” 
In part 3 the words “authorized state organ in the field of intellectual prop erty” shall be excluded;  
Part 6 shall be stated as follows:  
“At the request of the applicant, if there are justifiable reasons and subject to the payment of the 
relevant fee, the time limit for responding to a request or for notification provided for in Pa rts 4 and 
5 of this Article shall be extended to six months. "  
12. Article 12 shall be stated as follows:  
“Article 12.  Publication of the application on selection achievement  
Information about application is published in official bulletin not late than 4 mont hs from the date of 
completing of preliminary examination of application on selection achievement. Capacity and 
content of publishing information is determined by the Government of The Kyrgyz Republic. After 
publication of information about the application  any entity has the right to get acquainted with its 
materials. For familiarization with the materials of the application, an appropriate fee is paid.  
Publication of information about the application is not made if prior to the publication date a 
decision has been taken to grant a patent or it has been withdrawn or a decision has been taken to 
refuse to issue a patent, the possibility of appeal of which has been exhausted.   
стр. 3 из 5 Author of the selection achievement can refuse to be mentioned as so in publishing information  on 
application, if he is not the owner of patent.  
Within six months after the date of publication the claim of any interested entity is considered.  
The claim is submitted by the interested person in the form of an objection to the Appeals Board.  For filing 
and reviewing an objection, a fee is paid.  
In case of disagreement  with the decision of the Appeals Board on the objection any of the parties can file 
a suit to the Court within 6 months after the making decision.”.  
13. Article 14 shall be stated a s follows:  
“Article 14. Testing of a selection achievement on distinctiveness, uniformity and stability.  
Testing of a selection achievement on distinctiveness, uniformity and stability conducted in the 
order established by the Government of The Kyrgyz Repu blic. 
For conducting a test on sort fee is paid.  
Applicant can get acquainted with materials, used during examination, observe the process of 
testing.  
Applicant can require copies of materials confronting the application within the period of 2 months, 
in case of refusal for issuance of patent, and the information on the results of conducted tests.”.  
14. In Article 15:  
Part 2 shall be considered as invalid;  
In part 5 the words “by authorized organ in the field of intellectual property” shall be excluded.  
15. In Arti cle 16:  
In Parts 1 and 7 the words “by the authorized organ in the field of intellectual property” shall be 
excluded;  
Part 3 shall be stated as follows:  
"The order of filling  and the list of information entered in the State Register of Protected Selective 
Achievements shall be determined by the Government of the Kyrgyz Republic.";  
Parts 5 and 6 shall be considered as invalid.  
16. Article 17 shall be stated as follows:  
“Article 17. The p eriod of patent’s effect  
The period of patent’s effect   on selection achieve ment is 25 years from the date of registration of 
application in the State Register of Protected Selective Achievements.”.  
17. Article 19 shall be stated as follows:  
“Article  19. Public ation of Information  on the patent  
Information  on the patent’s issuance is published in the official bulletin within two months from the 
date of registration in the State Register of protected selection achievements.”.  
18. In Article 20:  
In Part 3 the words “to the authorized state organ in the field of intellectual property” shall b e 
excluded;  
Part 4 shall be considered as invalid.  
19. In Article 21:  
Part 6 shall be stated as follows:  
“Author  has the right to receive  remuneration from the patent’s owner for usage of the selection 
achievement.”.  
Part 8 shall be excluded.   
стр. 4 из 5 In Article 22 of  the text in state language:  
Name of the Article after the words “to the author” shall be supplemented by the word “respect”;  
Part 1 after the words “within  the period” shall be supplemented by the word “respect”.  
20. Part 2 of Article 25 shall be stated as fo llows:  
“Privilege indicated in 5th paragraph of Part 1 of this Article, is applied in accordance with the List of 
botanic and plants species, as provided for by the Article 4 of this Law.”.  
21. Part 2 of Article 26 shall be considered as invalid.  
22. In Article 29 : 
Part 1 shall be stated as follows:  
"From the date of publication of information on the patent, any person can apply with a justified objection 
to the recognition of the patent as invalid." A fee is paid for filing and consideration of an objection to the  
recognition of a patent. ";  
Part 2 shall be considered as invalid.  
23. In Article 30:  
In paragraph 3 of Part 1 the words “State Committee, State Inspection” shall be excluded;  
Part 2 shall be stated as follows:  
“Data on the prescheduled termination of a paten t is published in the official bulletin.”.  
24. In Article 30 -1: 
In Part 1 the words “to the authorized state organ of intellectual property” shall be excluded:  
Part 2 shall be stated as follows:  
“Data on the renewal of the patent shall be published in the offi cial bulletin.”;  
In Part 3 the words “authorized state organ in the field of intellectual property” shall be excluded.  
25. In the name of Article 31 the words “authorized state organ in the field of intellectual property” 
shall be excluded.  
26. In Article 33:  
In Part 1 the words “authorized state organ in the field of intellectual property” shall be excluded;  
Part 3 shall be stated as follows:  
“Information  on the granting of an open license with indication of the amount of payments and a record of 
the termination o f an open license shall be entered in the State Register of Protected Selection 
Achievements. ";  
Part 4 shall be considered as invalid.  
27. Part 6 of Article 34  in the text in state language after the words “w hen conditions come” shall be 
supplemented with the  word “ is given”.  
28. In Part 1 of Article 35 the words “authorized state organ in the field of intellectual property” shall be 
replaced by the words “organ determined by the Government of the Kyrgyz Republic”.  
29. Article 36 shall be stated as follows:  
“Article 3 6. The rights of foreign and legal entities  
Foreign individuals and legal entities hold the rights , specified by this Law, in line with individual 
and legal entities of the Kyrgyz Republic in accordance with international agreements which has come 
into for ce in the order set by the Law, to which the Kyrgyz Republic is a party, or on the basis of the 
principle of reciprocity. ".  
30. In Article  38 the words  “customs  organs ” , “customs” shall be excluded. \ 
31. Article 39 shall be considered as invalid.  
  
стр. 5 из 5 Article 2.  
This Law is subject to publication and comes into force from the date of entry into force of the 
international treaty on accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic Union of 
May 29, 2014.  
 
 
President of The Kyrgyz 
Republic    
А. Atambaev  
      
Passed by the Jogorku 
Kenesh of The Kyrgyz 
Republic    
December 10, 2014