WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property IP/N/IIKGZ/C/6 
14 June 2006 
(06-2845) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
KYRGYZ REPUBLIC 
The present document reproduces the text! of the Law on Legal Protection of Software and 
Databases, status as at 31 March 2005, notified by the Kyrgyz Republic under Article 63.2 of the 
Agreement (see document IPIN11IKGZ/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
REPUBLIQUE KIRGHIZE 
Le present document contient le textel de la Loi sur la protection juridique des logiciels et des 
bases de donnees, etat au 31 mars 2005, notifie par la Republique kirghize au titre de l'article 63:2 de 
l'Accord (voir le document IPINIlIKGZ/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
REPUBLICA KIRGUISA 
En el presente documento se reproduce el textol de la Ley sobre la proteccion juridica de los 
programas informaticos y las bases de datos, en su version de 31 de marzo de 2005, que la Republica 
Kirguisa ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IPINIlIKGZ/2). 
I In English only'/En anglais seulement.lEn ingles solamente. IPIN/IIKGZ/C/6 
Page 2 
LAW OF THE KYRGYZ REPUBLIC 
On Legal Protection of Software and Databases 
"(Version of the Laws of the Kyrgyz Republic of February 27,2003, N 46 
and March 31,2005, N 58) 
Section 1. General provisions 
Section 2. Copyright 
Section 3. Use of software and database 
Section 4. Protection of rights. 
Article 1. General Terminology . Sectiori L 
GENERAL PROVISIONS 
General terms used in this Law are as follows: 
software is an objective form of presenting aggregation of data and orders aimed at functioning of computers 
with the 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 changes made exclusively with the purpose of providing 
functioning of software or database in specific technica1 facilities of the user or under the 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 lariguagenot 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 which 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 which includes transformation of the object code into the 
original text for 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; 
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 means of computer saving, and issue of 
the printed text) under condition that the number of such copies 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, reproduction, distribution and other actions to introduce 
them into economic turnover (including in modified form). Transmission of the information through mass media on 
the pubiished software or database shail 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 physical or juridical 
person who possesses exclusive proprietary rights acquired by virtue of the law or an agreement. 
Article 2. Relationships Regulated by this Law 
This Law shall regulate relationships connected with 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 to compilations. 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall provide state 
regulation in the area of software and database protection. Article 3. Object and Conditions of Legal Protection of Software and Database IP IN/IIKGZ/CI6 
Page 3 
Copyright shall eAiend to any sofuvare and databases both released and never published, presented in the 
objective form regardless of their material carrier, purpose and merit 
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 otherwise is not proved. 
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 fonn, including original texts, and an 
object code. . 
Legal protection granted by this Law shall e>-..iend to the databases which are the result of creative labor on 
co llection and arrangement of data. Databases shall be protected regardless of whether the data on which they are 
based or which they include are the objects of copyright. 
Legal protection granted by this Law shall not extend to the ideas and principles which underlie software or 
database or some of their elements, including ideaS and principles of arranging interface and algorithms, as well as 
languages of programming. 
Copyright to software and databases shall not be connected with the right of ownership to their material 
carrier. Any assignment of rights to the material carrier shall not entail the assignment of any rights 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 database the right owner, in order to give notice of his rights, may 
use the copyright mark, consistmg of three elements: 
-letter C in a circle © or round parenthesis; 
-denomination (name) of the fight 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 
database 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 included in this database. 
Article 6. Tenn of Copyright 
Copyright shall become effective from the moment of creation of software or database and shall have effect 
throughout the lifetime of the author and for 50 years after his death calculated from January 1 as of the year 
following the year of author's death. 
Expiration of copyright to software or database created in co-authorship shall be calculated from the date of 
death 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 established term the author of software or database 
released anonymously or under pseudonym reveals his/her identity, or if the author's pseudonym is not doubtful due 
to his personality, than the protection tenn provided by the first item of this Article shall apply. 
Personal non-property rights of the author to software or database shall be protected without time limits. IPIN/1/KGZIC/6 
Page 4 
Article 7. Scope of the 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 fonn, shall be effective on the territory of the Kyrgyz Republic. 
It shall be recognized as belonging to the author, his heirs 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 the territory 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 accordance with international treaties of the Kyrgyz Republic. 
Section 2. 
COPYRIGHTS 
Article 8. Authorship 
Author of software or database shall be a physical 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 be recognized as an author of such software or database. 
In the event that the software or database elements have an independent significance each of the authors shall 
have the copyright to the part created by him. 
Article 9. Personal Non-property Rights 
The author of the software or database regardless of his proprietary rights shall enjoy the following personal 
non-property rights: 
right of authorship, i.e. the right to be considered the author of the soft-vvare, or database; 
right to the name, i.e. the right to determine the form of indication of author's name in the software, database: 
under his own 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 
denom.inations against various distortions or other infringements capable of inflicting harm to the honor and dignity 
of the author. . 
Article 10. Economic Rights 
The author of software or database or another legal successor shall enjoy the exclusive right to carry out and 
(or) to permit performance of following actions: 
public release of software or database; 
reproduction of software or database (in full or in part) in any fonn, in any way; 
distribution of so:fu.vare or database, including rent; 
modification of software or database including translation of software or database from one language into 
another; 
other use of software or database. 
The order of exercising the rights that belong to several authors of software or database or other right owners 
is determined by the agreement between them. In the default of such agreement, each of them may use protected 
object on his own, but has no right to provide the agreement on full concession of all propriety rights without 
consent of other right owners. In the event the agreement on provision of the full concession of all propriety rights is 
not concluded, the argument between them may be solved in legal fann. 
Article 11. Transfer of Proprietary Rights 
Proprietary rights to software or database may be assigned in full or in part to other physica.l or jmidical 
persons by agreement 
The agreement shall be concluded in writing and 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 
and effective tenn of the agreement IPINIl/KGZ/C/6 
Page 5 
The agreement on assignment of proprietary rights or a licensing agreement for the registered software or 
database shall be registered \vith The Aut.lJ.orized State Body in the field of Intellectual Property. 
The agreement on transfer of proprietary rights to software or database is not valid without registration at The 
Authorized State Body in the field of Intellectual Property. 
Proprietary rights to software or database shall be assigned by succession pursuant to the procedure 
established by the Law. 
Article 12. Proprietary Rights to Software or Database Created in the Course of Execution of Service Duties 
Proprietary rights to software or database created in the course at execution of service 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 remuneration shall be established by the agreement between the author 
and the empioyer. 
Article ,13. Right to Registration 
The right owner of all the proprietary rights to software or database may register his software or database 
directly or through his representative during the effective period of copyright at his sole discretion by way of 
SUbmitting an applicationto The Authorized State Body in the field of Intellectual Property. 
Article 14. Registration of Software or Database 
Application for official registration of software or database (hereinafter referred to as registration application) 
shall refer to one software or one database. 
Registration application must contain: 
application for official registration of software or database 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 software or database, including an abstract; 
document confmning the payment of t~e registration fees due, or grounds for exemption from the payment 
of registration fees and for reduction of its amount. 
The Authorized State Body in the field of Intellectual Property determines the rules of an application filing. 
After receipt of an application for registration the Authorized State Body in the field of Intellectual Property 
shall check the availability of the documents required and their compliance with the requirements set forth in 
paragraph 2 of this Article. 
Under the request of the Authorized State Body in the field of Intellectual Property or on his/her own 
initiative an applicant i.s entitled to add, specify or correct the application materials before the decision proceeding 
on the official registration. 
Consideration of the application shall be ma:de within six months. 
Should the results of the examination be positive, the ,State' authorized body in the field of intellectual 
property shall enter the software or database into the software state register of the Kyrgyz Republic or the database 
~ State register respectively, grant the certificate of official registration to the applicant and publish the information 
about registered software or database in the official bulletin of the Authorized State Body in tht( field of Intellectual 
Property. 
Procedures for official registration, forms of certificates on official registration, content of the data indicated 
therein shall be established by the Authorized State Body in the field of intellectual property. 
The Authorized State Body in the field of Intellectual Property 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 otherwise is proved. 
The liability for authenticity of the indicated information shall be with the applicant. 
Registration fees shall be paid for execution of actions connected with the official registration of sofu.vare or 
database, contracts and pUblication of infonnation. 
Amounts, deadlines of payment of registration 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 accumulated on the Authorized State Body in the field of Intellectual Property 
account, including those in foreign currency, shall be used by The Authorized State Body in the field of Intellectual 
Property to cover costs of activities envisaged in this article and also for creating, equipping and using an automated 
system, for training and motivating the staff. IPINIlIKGZ/C/6 
Page 6 
Section 3. 
USE OF SOFTWARE OR 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 rights t6 the copy of software or database after 
the sale or any other transfer of the property right to this copy is allowed without consent of the right owner and 
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 users special procedures shall be applied, 
particutarly by setting forth standard conditions for the use detennined by the right owner. 
.. L\ ... L'1:icle 16. Free Reproduction and Adapting of Software or Database 
A person lawfully owning the copy of software' or database shall be entitled, without additional authorization 
of the right-owner to accomplish any actions connected with the functioning of software or database in accordance 
with its purpose, including saving and storing in the memory of a computer and correcting obvious mistakes. Saving 
and storing in the memory of the computer shali be allowed in relation to one computer or one user in the network 
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 shall be entitled, without the consent of the right owner and without the payment of additional 
remuneration to: 
make adapting of sofuvare or database; 
. make or order to make copies of sofuvare or database provided that this copy has only archive purposes and, 
if necessary (in case when the original of the software or database was forfeited, destroyed or became not suitable 
for use) for substitution of lawfully 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 o(this program or database ceases to be lawful. 
A person lawfully owning the copy of the software shall be entitled without the consent of the right owner 
and without payment of additional remuneration to de-compile or order 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 
independently developed by this person software with other programs, but not for compiling new software with 
significantly alike exterior with the de-compiled software or for completion 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. 
SeCtion 4. 
PROTECTION OF RIGHTS 
Article 17. Infringement of Copyright. Counterfeit Copies of Software or Database 
Infringements provided by the Law on protection of copyright to software and database shall entail civil, 
administrative and criininalliability pursuant to the legislation of the Kyrgyz Republic. 
Copies of software or database that are manufactured or used in violation of copyright shall be deemed 
counterfeit copies. 
Copies of software or database 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 never been prote'cted or has ceased to be 
protected by the law, shall also constitute counterfeit copies. 
Article 18. Civil and other measures of protection of the rights to the computer program or databases 
Author of software or database or other right owners have the right to require: 
-recognition of rights; 
-restoration of the position existed before infringement of the right; 
-Suppressions of the actions breaking the right or creating threat of its infringement; -the indemnification; IPINIIIKGZ/C/6 
Page 7 
-recovery of the income received by the infringer owing to infringement of the rights, instead of the 
indemnification 
_ Payment by the infringer of indemnification in the sum from 20 till 50000 minimal sizes of a payment 
established by the legislation of the Kyrgyz Republic, defined at the discretion of court, instead of the 
indemnification or recovery of the income.) 
_ Acceptances of other measures stipulated by acts connected with protection of their rights; 
The measures indicated in Paragraphs 5, 6 and 7 of this Article 1 st Part shall be used at the option of holder of 
right to software and database. 
With the purpose to protect their interests right owners can turn to the court in accordance with established 
procedure, as well as to the enquiry body and preliminary investigation body, in accordance with their competence. 
Counterfeit copies of computer software or databases shall be confiscated necessarily under the court 
decision. Confiscated counterfeit copies shall be subject of liquidation excluding cases of handing them over to the 
right owner under his/her demand. . . 
Court may order the confiscation of counterfeit copies and equipment used for thelr manufactunng and _ 
reproduction. 
A person culpable in intended liquidation of software and database or in liquidation them through 
negligence shall be obliged under the author's demand to compensate a material and moral damage in accordance 
with the provisions of the 1 st Part of the present Article. 
Article 19. Methods of maintenance of the claim on affairs about infringement of the rights to the computer 
programs and a database 
A court or a sole judge can individually bear definition about prohibition to the respondent or the person­
concerning whom there are sufficient bases to believe, that it is the infringer of the rights, to make the certain actions 
(manufacturing, reproduction, sale, rent, import or other usage provided by this Law as well as transportation, 
storage or owning with the purpose of issue software and databases copies into a civil circulation which are 
presumably counterfeit). 
A court or a sole judge may pass a decision on arrest and attachment of all copies of software and databases 
which are presumably counterfeit as well as materials and equipment assigned for their manufacturing and 
reproduction. -
In the presence of satisfactory proof on the infringement of the legislation regulating the right protection of 
software and databases, some measures may be taken according with the Kyrgyz Republic legislation which shall be 
directed to a search and arresting such copies of software and databases presumably counterfeit, 
materials and equipment assigned for their manufacturing and reproduction as well as the documents which 
may serve as a proof of actions violating the present Law including, if necessary, the measures directed to their 
attachment and passing to the reliable storage. 
Article 20. Protection ofRight~ to Software and Database in Foreign Countries 
The author or any right owner may seek legal protection of software or database in foreign countries after 
registration of a respective application at The Authorized State Body in the field of Intellectual Property. Non 
compliance with this provision shall entail the liability provided in the legislation of the KyrgyzRepublic. 
Expenses related to obtaining legal protection of software or database in foreJgn countries shall be covered by 
the person to seek such protection or other natural or legal entity pursuant to the agreement with him. 
Article 21. Rights of Foreign Physical Persons and Legai Entities 
Foreign physical and legal entities shall enjoy the rights provided by this Law equally with natural 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. International Treaties 
VY~lere an intemational treaty to which the Kyrgyz Republic is signatory stipulates rules that are differ from 
those set force in this Law, the provisions of an international treaty shall apply. IPINI1IKGZ/CI6 
PageS 
Article 23. Implementation of the present Law 
1. The Law shall come into force from the moment of its publication ("Erkin Too" of April 4, 
19 98 N! 41 - 4 2) . 
2. Until the legislation of the KyTgyZ Republic is in compliance with the present Law, normative legal acts of 
the Kyrgyz Republic, which do not contradict the present Law shall be used. 
3. The Law of the Kyrgyz Republic "On Legal Protection of Software and Database" covers relations 
connected with developing and use of software and database which appeared after implementation o~ the present 
Law. 
4. The Government of the Kyrgyz Republic shall be authorized to put all their normative acts and regulations 
in compliance with the present Law. 
President of the KyrgyzRepublic A.A.Akaev 
Adopted by the Legislative Assembly 
of Jogorku Kenesh of the .Kyrgyz Republic on March 2, 1998.