WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property IP/N/1/KGZ/P/5 
14 June 2006 
(06-2857) 
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 text1 of the Law on Legal Protection of Selective 
Achievements, status as at 31 March 2005, notified by the Kyrgyz Republic under Article 63.2 of the 
Agreement (see document IPIN/l/KGZ/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 texte1 de la Loi sur la protection juridique des obtentions 
vegetales, etat au 31 mars 2005, notifie par la Republique kirghize au titre de l'article 63:2 de l'Accord 
(voir le document IPINIl/KGZ/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 P ARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
REPUBLICA KIRGUISA 
En el presente documento se reproduce el texto1 de la Ley sobre la proteccion juridica de 
determinadas obtenciones, 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 IPINIl/KGZ/2). 
1 In English only'/En anglais seulement.lEn ingIes solamente. IPINI1/KGZ/P/5 
Page 2 
Bishkek, June 13, 1998 ~ 79 
LAW OF THE KYRGYZ REPUBLIC 
On Legal Protection of Selective achievements 
(in the redaction of the Laws of the KR of February 27,2003 No.46 
and of March 31,2005 No.58) 
This Law shall regulate economic and personal non-economic rights arising due to exposure or raIsmg 
(hereinafter referred to as creation), exploitation and legal protection of a selective achievement for which the 
patents of the Kyrgyz Republic are granted. 
The effect of the present Law shall cover all botanical and zoological species, plant varieties and animal 
breeds pursuant to the list approved by the Government of the Kyrgyz Republic. ' 
Article 1. Defrnitions Section I 
General provisions 
"For the purposes of the present Law the following tenns are used: 
the author of a selective achievement (selectionist) - a person by whose creative labor a selective achievement 
is created (exposed, raised); . . 
breed of animals --a group of animals, which regardless of protectability possesses genetically conditioned 
biological and morphological qualities and features, which are specific for a given category of animals and differ it 
from other groups of animals. A breed may be represented by a female or male individual or pedigree material. ' 
protected categories of the breed shall be: a type, factory line, cross line arid family; 
pedigree animal --an animal, used for reproduction of a breed; 
pedigree material- a pedigree animal, its gametes or zygotes (embryos); 
selective achievement - a variety of plants, a breed of animals; selective achievement - a variety of plants or a 
breed of animals; 
protected selective achievement - a variety of plants, a breed of animals, registered in the State Register of the 
protected selective achievements; 
plant variety - a group of plants within the frame of the same botanical taxon the lowest from the known 
classes, which may be detennined by the features characterizing a given genetic -type or combination of genetic 
types and differs from other groups of plants of the same botanical taxon by at least one feature, ~espective of 
whether it meets the conditions of protectability, may be considered indivisible from the point of view of its 
usefulness in order to reproduce the plants of variety as a whole. 
Protected categories of a plant variety shall be clone, line, hybrid of the first generation, population; 
seeds -generative and vegetative parts of plants which are used for reprodu~tion of a plant variety; 
plant material --a plant or its parts, used for a purpose, other than reproduction of a plant variety; 
counterfeit selective achievement - a selective achievement, reproduction and (or) commercial use of which 
entails violation of exclusive rights of a patent owner. 
Article 2. Legal protection of a selective achievement 
The right for a selective achievement shall be protected by this Law and certifred with a patent for a selective 
achievement. 
The patent shall certify the authorship of selectionist, priority of selective achievement, exclusive right of the 
patent owner to use selective achievement. 
"The volume' of legal prote~tion for selective achievement provided by a patent shall be determined by the 
aggregate pf essential features in its description. 
Article 3. State regulation in the field of legal protection o(selectiv,e achievements 
The Authorized State Body of the Kyrgyz Republic i:n the field of Intellectual Property shall exercise the state 
policy in the field" of legal protection of selective achievements pursuant to the present Law and execute the 
following functions accept for consideration applications for selective achievements; provide publication of IPINIIIKGZ/PJ5 
Page 3 
applications for granting of a patent, -provide their preliminary examination, accept the decision to grant a patent or 
refuse to grant a patent on the basis of the results of examination on novelty, distinctiveness, similarity and stability, 
carry out the state registration of selective achievements in the State Register of protected selective achievements of 
the Kyrgyz Republic (hereinafter referred to as The State Register of protected selective achievements); provide 
publication of official information regarding protection of selective achievements; grant patents, maintain their 
effectiveness and carry out other functions pursuant to the present Law and Regulation on The Authorized State 
Body of the Kyrgyz Republic in the field of Intellectual Property approved by the Government of the Kyrgyz 
Republic. 
In order to review disputes concerning selective achievements, the Appellate Council is being established 
under The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property. Regulation on the 
Appellate Council shall be approved by The Authorized State Body of the Kyrgyz Republic in the field of 
Intel1ectual Property . 
Ministry of Agriculture and Water Resources of the Kyrgyz Republic shall establish the list of botanical and 
Zoological varieties and species to which this Law is Applicable (hereinafter the List), which shall be approved by 
the Government of the Kyrgyz Republic. 
Ministry of Agriculture and Water Resources of the Kyrgyz Republic shall put forward proposals to the 
Government of the Kyrgyz Republic: 
to add new varieties and species to the List; 
to change the names of varieties and species included into the List. 
The State Commission on Examination of Plant Varieties Of Agricultural Crops under the Ministry of 
Agriculture and Water Resources of the Kyrgyz Republic (hereinafter referred To as State Commission) and the . 
State Inspectorate on Pedigree Work in Cattle Breeding and monitoring of Pastures Under the Ministry of 
Agriculture and Water R~sources of the Kyrgyz Republic (hereinafter referred to as State Pedigree Inspectorate) are 
the state bodies and pursuant to the Present Law shall carry out the following functions: 
conduct the state test of selection achievements for novelty, distinctiveness, similarity and stability on 
_Contractual basis with The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property; 
maintain the State Register 'of district plants varieties Of the Kyrgyz Republic and the State pedigree book of 
the Kyrgyz Republic, respectively; 
issue conclusions on admission to use the selective achievement in production and carry out other functions 
pursuant to Regulations on them approved by the Ministry 'of Agriculture and Water Resources of the Kyrgyz 
Republic. - -
Section II 
Conditions of Protect ability of a Selective achievement and Application Filing Procedure for Granting a 
Patent 
Article 4. Conditions of Protectability of a Selective achieveme~t 
The patent shall be issued to a selective achievement, which is related to botanical and zoological varieties 
and species and which meet criteria of protectability. Criteria for protectability of a selective achievement are: 
1) novelty. 
A selective achievement shall be considered new, if on the date of filing of application for issuance of a 
patent, the seeds or pedigree material of a given selective achievement had not been so Id nor otherwise transferred 
to other persons by the selectionist, hislher successor or with their consent, for the use of the selective achievement: 
on the territory of the Kyrgyz Republic· earlier than one year before this date; 
on the territory of another country·- earlier than four years or, if it concerns grapes, arboreal decorative and 
fruit crops -earlier than six years before the established date. . 
The novelty of a selective achievement is not lost if sale of ~y material of a plants variety or a breed of 
animals is carried out by other persons before expiration of tenns indicated.in the present paragraph: 
in order to cause deliberate damage to the applicant; 
in the course of execution the agreement on transfer the right to obtain a~ patent; 
in the course of execution the agreement, according to which the third party provides additional supplies of 
material for multiplication of a plants variety, breed of animal with the consent of an applicant under condition that 
such supplies are carried out under control of an applicant; 
in the course of execution the agreement on which the third party conducts field tests or laboratory researches 
or minor control tests on assessment of a variety or a breed; IPINI1 iKGZIP!5 
Page 4 
2) dist~ctiveness. 
Selective achievement shall meet the condition of distinctiveness if it obviously differs from any other 
selective achievement which is well-known on the date of filing an application. 
Publicity may be established in respect of a selective achievement: 
-which became a part of generally known level of knowledge in the result of its production, reproduction, 
sowing for multiplication, storage for the purposes mentioned above; .' 
-which was offered for sale, soled, exported or imported; 
-which was included into offichtl catalogues, reference funds or has exact description m one of the 
publications, or is included into the State Register of protected selective achievements. 
3) similarity. ' 
A selective achievement is considered as meeting the condition of similarity if, with consideration of the plant 
multiplication peculiarities, plants and animals with their features are sufficiently similar. 
4) stability. 
A selective achievement shall be considered stable, if its main fe~tures remain unchanged after repeated 
multiplication, or in the event of a specific cycle of multiplication, at the end of each cycle of mUltiplication. 
Article 5. Persons Who Have the Right to Submit an Application for Granting a Patent 
The selectionist, employer or their successor (hereinafter --applicant) shall have right to file an application 
for granting a patent (hereinafter -the application). ' 
If the selective achievement was created, grown or discovered jointly by several people, they shall have the 
right to file an application jointly .. 
The application may be filed via a trustee, who conducts business, dealing with receiving the patent, based on 
proxy. 
Natural persons or legal entities of the other states who have no pennanent residence in the Kyrgyz Republic 
shall conduct a business in order to receive a patent and keep in effective through the patent agents of the Kyrgyz 
Republic registered at The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property , 
unless otherwise is provided by the international agreement of the Kyrgyz RepUblic. 
The employees of The Authorized State Body of the Kyrgyi Republic in the field of Intellectual Property , 
the State Commission and the State Pedigree Inspectorate shall not have the right to file applications for issuance of 
a patent for selective achievement during the whole term of employment in these agencies. 
Article 6. Selective achievement Created in the Official Order 
If a selective achievement is created (grown or Dis~overed) in the course of execution of official task or 
official duties the rights to file an application shall belong to the employer unless otherwise is provided by the 
agreement between the selectionist and employer. 
A selective achievement shall be considered as created in the official order if in the course of its creation the 
selectionist executed the duties: 
due to his official position; 
with which he was specially entrusted in order to create selective achievement; 
If an employer does not file an application to The Authorized State Body of the Kyrgyz Republic in the field 
of Intellectual Prop~~ or does not assignthe right to file all application to another person, within four months as of 
the date of notification made by a selectionist on creation of selective achievement, the selectionist shall have the 
right to file an application or to receive a patent on his own name. In this case the employer shall have the right to 
use selective achievement with a payment of remuneration established on a contact basis to the patent owner -the 
author. 
If an employee creates a select~ve achievement using experience, material, technical and other facilities of the 
employer, but not while perfonning the duties or a task of an employer, a right to receive a patent shall belong to the 
employee. In this case an employer shall have a right for priority use of a selective achievement paying to an owner 
of patent a compensation established on a contractual basis. Other relationships arising due to creation of selective 
achievement bye a selectionist are regulated bye the legislation of the Kyrgyz Republic 
Article 7. File of an Application to Grant a Patent 
The application to grant a patent shall be filed at The Authorized State Body of the Kyrgyz Republic in the 
field of Intellectual Property. The application must contain: 
1) the application; I 
2) descriptive summary of a variety of plant (variety form), or a breed of animals (description thereof in 
accordance with current methods for approbation of ~aricultural animals); IP INIIIKGZIP 15 
PageS 
3) a document, which certifies payment of the established fee for submission of the application, or which 
exempts from the payment of fee for file of the application, or which gives grounds for decrease of its amount. 
The requirements to the indicated documents shall be stipulated in the Rules on compilation, submission and 
review of application for selective achievement (hereinafter referred to as Rules) elaborated and approved by The 
Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property. 
The application must be related to one selective achievement. 
Responsibility for correctness of the information submitted to The Authorized State Body of the Kyrgyz 
Republic in the field of Intellectual Property shall be with the applicant. 
The documents of the application shall be presented in the Kyrgyz or Russian languages. If the documents are 
presented in any other language, the application shall be attached with their translation into Kyrgyz or Russian 
language. 
The date of receipt the documents by The Authorized State Body of the Kyrgyz Republic in the field of 
Intellectual PropertY shall be considered the date of file of the application, stipulated by paragraph 1 of this Article. 
The applicant shall have the right to revoke an application any time prior to the date of receipt the decision to grant a 
patent; 
Article 8. Denomination of the Selective achievement 
A selective achievement must have a denomination with indication of its gender affiliation. 
The denomination of the selective achievement must allow to identify it, be concise, differ from the 
denominations· of the existing selective achievements of the identical or close to it botanical and zoological gender. 
11 must not consist of figures only, bring to confusion ID respect pf characteristics, origin, significance of the 
selective achievement, selectionist's personality, and muSt not contradict the principles of the public morality. 
Any person using the selective achievement must apply such denomination under which it was registered in 
the State register of protected selective achievements. 
If denomination of the selective achievement does not meet the requirements of this Article, the applica..'1t 
shall be obliged to change it within the tenns, established by the Rules. The appropriate fee shall be paid if the 
applicant changes denomination of selective achievements at his own initiative 
A variety of plants, a breed of animals shall be presented in other countries under the same denomination. A 
competent body of the country concerned shall register the presented denomination of the selective achievement, 
unless it decides that such denomination is not acceptable in its territory. In this case it may require the selectionist 
to provide another denomination. -
Any person offering for sale or distributing a selective achievement on the teriitory of another country, which 
is protected on the indicated territory must use the denominations of this selective achievement even after the end 
the patent term or the right of selectionist to this selective achievement, unless the previously acquired rights do not 
prohibit such a use in accordance with paragraph 7 of this Article. 
Previously acquired rights of the third persons shall not pe covered, provided that by virtue of the previously 
acquired right, the exploitatiop of any denomination of a variety of plants or a breed of animals is prohibited to the 
person, who pursuant to paragraph 6 of this Article must use it, the selectionist is obligated to submit another 
denomination for this plant variety or animal breed at the requirement of The Authorized State Body of the Kyrgyz 
Republic in the field of Intellectual Property. . 
Article 9. Priority Right of a selective achievement 
Priority of a selective achievement shall be established on the date of file of an application to grant a patent at 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property . 
In the event The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property receives 
two (or more) applications to grant a patent for the same selective achievement the priority shall be established on 
the earliest sending of an application. If in the course of examination it is established that these applications have the 
same date of sending, the patent may be granted to the application that has the earliest registration number of The 
Authorized State Body oftbe Kyrgyz Republic in the field of Intellectual Property . 
The priority of a selective achievement may be established on the date of submission of the first application 
in the foreign country with which the Kyrgyz Republic has bilateral or. multilateral international agreement on 
protection of plants varieties, breeds of animals, if the application was receipt 'at The Authorized State Body of the 
Kyrgyz Republic in the field of Intellectual Property within 12 months as of the indicated· date. 
An applicant willing to use the right of priority on the basis of the first application must indicate it during 
submission of an application to The Authorized State Body of the, KYrgyz Republic in the field of Intellectual 
Property . The copies of the initial application materials certified by the body who has received them as well as 
samples or another'proofthat this selective achievement is the subject of both applications, is one and the same one, 
shall be submitted within three months. IPINIlIKGZIP15 
Page 6 
In the cases when the first application is suspended or revoked the selectionist is provided with the sufficient 
time period and the opportunity to present any necessary information, documents or materials to The Authorized 
State Body of the Kyrgyz Republic in the field of Intellectual Property required for examination purposes, within 
two years after expiration of the priority and after such suspension or revocation. 
Section III 
Examination of a Selective achievement 
Article 10. Examination of the Application for Selective achievement 
Examination of the application for a selective achievement shall include preliminary examination and 
examination of the claimed selective achievement for the compliance with conditions of distinctiveness, similarity 
and stability. 
Article 1 I. Preliminary Examination of the Application for a Selective achievement 
Preliminary examination of the application shall be carried out within the term of 2 months after the date of 
filing at The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property. In the course of the 
preliminary exarp.ination The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property 
shall check the availability of necessary documents provided by Article 7 of this Law, the compliance of a selective 
achievement with the requirements of Article 8 and shall establish the priority of a selective achievement. 
Appropriate fee shall be paid for execution of preliminary examination 
Since the date of filing the application and till notification of the applicant of accept of his application for 
consideration by The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property the 
applicant may add, clarify and update the materials of the application at his own initiative without change of the 
nature of the claimed selective achievement provided that appropriate fee is paid. 
If the application is submitted in violation of the established requirements to the form and composition, or if 
additional materials are requireq for the purposes of examination, the request shall be' sent to the applicant with the 
suggestion to present corrected or missing materials within two months from the date of its receipt. 
If in the course of preliminary examination The Authorized State Body of the Kyrgyz Republic in the field of 
Intellectual Property determined that denomination of a selective achievement does not meet the established 
requirements, the request shall be sent to the applicant with the suggestion to submit another denomination within 
two months sinse the date of receipt thereof. 
At the request of an applicant, under the presence of valid reasons and payment of an appropriate fee, The 
Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property may permit the extension of the 
term of an answer to the request or to the notification, specified in paragraphs 4 or 5 of this Article up to six months. 
In th~ event the applicant does not provide the requested documents, does not change the denomination of a 
selective achievement or does not provide the request to prolong the established term within the indicated term, the 
application is considered revoked. ' 
In the event of positive result of the preliminary examination, the applicant shall be notified of the acceptance 
ofhislher application to consideration. 
Article 12. Publication ~f an Application for a selective achievement 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall publish 
information on the application in the official bulletin no later than four months after' completion of preliminary 
examination for a selective achievement. The Authorized State Body of the Kyrgyz Republic in the field of 
Intellectual Property shall determine the content ofinfonnation for publication. After publication of the infonnation 
on application any person shall have the right to familiarize himself with its materials. The appropriate fee is paid in 
order to familiarize with the materi(:lls of C:lpp!i~~ti()p.. 
The information on application is not published in the cases if prior to termination of the publication term the 
decision to grant a patent for this application is made or it is revoked or the decision on refusal to grant a patent is 
made which can not be appealed. 
The . author of a selective achievement may refuse to be named as such in the publicized information on 
application, ifhe is not a patent owner. 
During six months since the date of publication of the application the claim for novelty of any person shall be 
considered, which is submitted to The Authorized State Body of the. Kyrgyz Republic in the field of Intellectual 
Property . IPfNIIIKGZ/P/5 
Page 7 
Such claim shall be submitted by the interested person in the form of objection to the Appellate Council. 
The Appellate Council shall notifY the applicant about this objection specifYing the nature thereof. If 
applicant does not agree with objection he has the right to forward to the Appellate Council motivated arguments 
within one month since the date of receipt of notification . 
. The objection shall be considered by the Appellate Council within four months since the date of receipt 
thereof. Appropriate fee shall be paid for filing and consideration of the objection to the Appellate Council. 
A person filed the objection and an applicant may participate in the consideration thereof. 
If a selective achievement does not meet the novelty requITement, the decision to refuse granting patent shall 
be made. 
If any of parties does not agree with decision o:(the Appellate Council it may bring a suit within six-month­
period since the date of decision is made. 
Article 13. Provisional Legal Protection ofa Selective achievement 
For the period from the date of publication of the application and to the date of issuance of the patent, the 
applicant shall be given a provisional legal protection of the selective achievement. 
After receipt of the patent, the patent owner shall have the right for indemnification from a person, who 
committeciactions without the permission of the applicant during the period of provisional protection of selective 
achievements, indica!ed in paragraph 1 of Article 24 of this law. 
Article 14. Examination of Compliance of a Selective achievement for distinctiveness, similarity and 
stability. 
Examination of Compliance of a Selective achievement for distinctiveness, similarity and stability shall be 
carried out by the State Commission, State Pedigree Inspectorate or other competent agencies with which the 
Kyrgyz Republic is connected by virtue of bilateral or multilateral agreements on protection of plants varieties and 
. animals breeds. 
Appropriate fee shall be paid for the examination of a variety. 
In the course of assessment of the selection achievement on distinctiveness, similarity and stability, L1.e State 
Commission and the State Pedigree Inspectorate may base on: . 
-the results of tests conducted on the agreements with legal entities and natural persons of the Kyrgyz 
Republic or competent organizations of foreign countries on tesnng of a selective achievement with which the 
Kyrgyz Republic is connected by virtue of bilateral or multilateral agreements of protection of varieties of plants or 
breeds of' animals; 
-tests conducted by the applicant or on his assignment in the Kyrgyz Republic or outside of its boarders. 
The State Commission and the State Pedigree Inspectorate may request the applicant to provide all necessary 
information, documents. or pedigree materials as well as offer the applicant to provide special tests of a variety of 
plant or a breed of animal. On the basis of the tests of a selective achievement the 
State Commission and the State Pedigree Inspectorate shall make a conclusion on compliance of the selectIve 
achievement with the conditions of protectability and compile an official description of a selective achievement. 
In the course of technological development the State Commission and the State Pedigree Inspectorate shall 
have the right to add the description of a selective achievement any time during the period of patent effectiveness. 
On the basis of the results of examination on novelty, distinctiveness, similarity and stability, the materials of 
the report and conclusion of the State Corru.:nission and the State Pedigree Inspectorate, The Authorized State Body 
of the Kyrgyz Republic in the field of Intellectuai Property shall take a decision to grant a patent and to establish the 
priority, ifnot established during the preliminary examination or to refuse to grant a patent. 
The applicant may get acquainted with the materials used in the course of examination and observe the 
examination procedure. 
The applicant may demand the copies of the claims against the materials of the application as well as 
complete information on the results of conducted tests within two months as of the date of the receipt the decision 
on application. 
Article 15. Appeal Against the Decision of Examination· and Restitution of the Missed Time Limits 
When disagreed with the expert decision, the applicant shall be entitled to file a grounded complaint with the 
Appellate Council of The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property within 
three months from the date the applicant is notified of such decision on hislher application, or copies of the materials 
opposed to the application and requested by him and complete information on the upshots of the tests. IPIN/IJKGZ/P/S 
Page 8 
- -The complaint shall be reviewed withill four months from the date it is received. This review term may be 
prolonged in respect of complex applications upon the consent of the applicant. The applicant shall be entitled to 
participate personally or through a representative in the review ofhislher comp laint. 
The appropriate f~e shall be paid for file of an appeal to the Appellate Council against the decision of 
examination. 
The decision of the Appellate Council of The Authorized State Body of the Kyrgyz Republic in the field of 
Intellectual Property may be contested by the applicant in court within six months from its adoption. 
The time limits stipulated in paragraph 4 and 5 of Article 11, paragraph 1 of this Article, that have been 
missed by the applicant may be reinstated by The Authorized State Body of the Kyrgyz Republic in the field of 
Intellectual Property provided that there are solid reasons therefor, and the dues are paid. . 
A solicitation on the restitution of the missed time limits may be filed by the applicant no later then 6 months· 
after the missed time limits. 
Section IV. 
Registration of a Selective achievement and Issuance of a Patent 
Article 16. Registration of a Selective achievement and Issuance of a Patent 
When the decision to grant a patent is made and the corresponding fee is paid, The Authorized State Body of 
the Kyrgyz Republic in the field of Intellectual Property shall register the selective achievement in the State 
Register of protected selective achievements within two months. 
The f~e shall be paid withiD: two months from the date the applicant receives the decision of examination to 
register selective achievement or within three months fr0m the date of expiration of the indicated two months term, 
under condition of payment of additional fee. 
The order of introduction and the list of information introduced to the State Register of protected selective 
achievements shall be determined by The Authorized State Body of the Kyrgyz Republic in the field of Intellectual 
Property . 
The patent to a selective achievement shall be granted to the applicant. If there are several applicants seeking 
the patent, the patent shall be issued to the applicant indicated first in the application and shall be used jointly 
according to appropriate agreement between them. 
The patent to a selective achievement shall be issued on behalf of the Kyrgyz Republic and signed by the 
Director of The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property . 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall detennine the 
fannat and the composition 9f data to be indicated in the patent. 
Pursuant to Article 21 of this Law, The Authorized State Body of the Kyrgyz Republic in the field of 
Intellectual Property shall issue the author's certificate to the author of a selective achievement who is not the 
patent owner. 
Correction of obvious and technical mistakes in the issued patent shall be effectuated upon the patent owner's 
request 
In the event of loss of a patent, a duplicate shall be issued provided the corresponding fee is paid. 
Article 17. Validity Term of a Patent 
The validity· term of a patent to a plant variety shall be 20 years since the date of registration of declared a 
selective achievement in the State Register of protected selective achievements, to a variety of grapes, arboreal 
decorative, fruit crops and forest trees, including their stocks as well as animal breeds shall be 25 years. 
Article 18. Patent Mamtenance Fee 
The patent owner shall be obligated to pay annually a patent maintenance fee. The first year for the payment 
of the patent maintenance fee shall be the first calendar year following the year of issue. 
Article 19. Publication of Information on a Patent 
Jhe Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall publish 
information on a patent in its official bulletin within'twc) months from the registration date in the State Register of 
protected selective achievements. The composition of. data to be published shall be determined by The Authorized 
State Body of the Kyrgyz Republic in the field of Intellectual Property. . Article 20. Patent Fees IPINIIIKGZIPI5 
Page 9 
Patent fees shall be levied for file of an application for selective achievement, conduct of examination, grant 
of a patent, validity of a patent, extension of the term of its validity as well as the performance of legally significant 
actions. 
The Government of the Kyrgyz Republic shall establish the list ·of actions for which these fees are levied, 
their amount and terms of payment, as well as grounds for exempting from such payments, decreasing their amount 
or their refund. 
The fees shall be paid by the applicant, owner of the patent or any legal entities or natural persons to The 
Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property, upon the agreement with him. 
All means entered the account of The Authorized State Body of the Kyrgyz Republic in the· field of 
Intellectual Property in the form of fees including currency, payment for the services and materials shall be used by 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property to cover costs related to the 
provision of actions stipulated in paragraph 1 of this Article as well as technical provision, creation and development 
of automated system, completion of the patent information fund, training and motivation of personnel. 
Section V 
Rights of the Author of a Selective achievement 
Article 21. Author of a Selective achievement 
A natural person who has engineered (discovered or grown) a selective achievement through hislher creative 
work shall be deemed to be the author of a selective achievement. If several natural persons participate in the 
creation of a selective achievement, all of them shall be deemed to be co-authors. The procedure to exploit rights of , 
co-authors shall be guided by an agreement between them. _ 
Persons who have not made personal contributions to the creation (exposure or raise) of a breed, but who 
have provided the author (authors) only with technical, organizational or financial assistance or who have only 
contributed to the legalization of the rights to a selective achievement are nit deemed to be co-autllOrs. 
Misappropriation of the authorship of a breeder, coercion into co-authorship shall entail liability in 
accordance with the Legislation of the Kyrgyz Republic. ' 
The author of a selective achievement shall hold the right of authorship that is inalienable personal right and 
is protected by the state infinitely. Disputes on authorship shall be resolved in court. -
Disputes between the patent owner, who is not the author of a selective achievement and the author, who is 
not the patent owner shall be resolved in judicial order. 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall issue the 
author's certificate to each author. The author certificate shall testify the authorship, as well as the right thereof to 
receive remuneration from a patent owner for hislher use of the selective_ aChievem.ent in question. 
In the event of loss or damage of an author certificate, a duplicate shall be issued provided that the required 
fee is paid. 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall determine the 
format and the contents of the author certificate. 
Article 22.' Remuneration to the Author of a Selective achievement Who is not the Patent Owner 
The author of a selective achievement shall be ep.titled to receive remuneration from the patent owner for 
his/her exploitation of a selective achievement grown (engineered or discovered) by.the author within the validity 
term of hislher patent. The amount and terms of payments shall be determined by the agreement between the patent 
owner and the author. 
If an animal breed or a plant variety is grown, created or discovered by several authors, the remuneration 
shall be distributed among them based on the agreement .concluded between them. 
If the agreement regarding the amount and the order of remuneration payment is not achieved by the parties, 
the dispute shall be settled in a judicial order. IP/NI1 IKGZIP15 
Page 10 
Section VI. 
Rights and Obligations of a Patent Owner 
Article 23. Patent owner 
The right to obtain a patent shall belong to: 
the author (authors) of a selective achievement; 
employer, in the cases stipulated by Article 6 of the present Law; 
their legal successor, including a person who received the appropriate right in the assignment order. 
Article 24. Rights of a Patent Owner 
A patent owner shall have an exclusive right to use a selective achievement. 
The exclusive right of a patent owner shall mean the right to conduct the following operations with seeds and 
pedigree material: 
production and re-production; 
brining to sowing condition with the subsequent mUltiplication; 
offer to sale; 
sale and other types of distribution; 
export from the territory of the Kyrgyz Republic; 
import to the territory of the Kyrgyz Republic; 
storage for the purposes mentioned above. 
The right toa patent and the right to use selective achievement, coming from the patent may be transferred to 
any natural person or legal entity on the patent assignment agreement or licensing agreement. 
The exclusive right of a patent owner shall also cover the seeds materials, which were entered into economic 
turnover without consent of a patent owner and in respect of a commodity output made of plant materials of the 
protected animal breed or plant variety. 
The permission from the patent owner is necessary in order to effectuate the operations pro'vided in paragraph 
2 of this article with the seeds or pedigree material, which: 
inherit 'substantially the features of a protected (original) animal breed or plant variety, if these protected 
breeds or varieties, in their turn, are not selective achievements that significantly inherit the features of other 
selective achievements;' 
do not obviously differ from a protected animal breed or plant variety; 
require repeated use of a protected breed for the production of seeds. 
A selective achievement that substantially inherit features of another (original) protected selective 
achievement shall be deemed a selective achievement, which under obvious difference from the original: 
, inherits the most generally significant features of an original selective achievel11ent or of a selective 
achievement that itself inherits significant features of an original selective achievement retaining basic features 
reflecting genetic code or a combination of genetic codes of a selective achievement; , 
coincides with the genetic-code or a combination of genetic codes of the original selective achievement with 
the exception of deviations caused by the application of methods, like individualized selection from the original 
animal breed or plant variety, selection of an induced mutant or genetic engineering. 
Article 25. Actions That are not Deemed Violations of the Patent Owner's Right 
The following actions are not deemed to be infringement of the right of the patent owner: 
actions carried out for personal and non-commercial purposes; 
actions carried out for experimental purposes; 
exploitation of a protected animal breed or plant variety as the original material to engineer a new selective 
achievement and with the exception of cases provided by paragraph 5 of Article 24 of this Law, as well_ as the 
actions provided in paragraph 2 of Article 24 of this Law in respect of such selective achievements; . 
use of the plant material engineered at agricultural ~nte'rprise within two years as seeds to grow the variety 
within the territory of this enterprise. 
The list of varieties of plants and animal breeds, which are covered by the privilege specified in paragraph 5 
of part 1 of this Article shall be determined by the Government of the Kyrgyz Republic; 
Article 26. Maintenance of a Selective achievement IP ;NI 1 IKGZIP 15 
Pf!.ge 11 
The patent owner shall be obligated to maintain a plant variety or an animal breed within the entire tenn of 
validity of a patent in such a way that retains features indicted in the description of the variety or a breed as of the 
registration date in the State Register of protected selective achievements. 
Upon request of the State Commission, the patent owner shall be obligated to send seeds for test 
examinations and provide the conditions for inspections at place. Also, the patent owner shaH be obligated to 
provide pedigree material for in-field testing when requested by the State Pedigree Inspectorate. 
Section VII. 
Protection of the Patent Owner's Rights 
Article 27. Liability for Violation of the Patent Owner's Rights 
The liability shall commence upon violation of the rights of the patent -owner stipulated by the legislation of 
the Kyrgyz Republic. 
A licensee may put forward claims against a violator, if appropriately provided in the licensing agreement. 
A natural person or legal entity, who does not comply with the requirements of this Law related t6 the 
exclusive rights of a patent owner, and, inclusively, imports seeds or pedigree material in the Kyrgyz Republic or 
any other selective achievement without the patent owner's pennission, shall be deemed a patent violator, and ,the 
selective achievement shall be found counterfeit. 
Selective achievements, imported in the Kyrgyz Republic from countries where these selective achievements 
have never been protected or their protection has ceased, however are protected by this Law shall be also deemed 
counterfeit. 
Article 28. Protection of the Patent Owner's Rights 
The patent owner shall be entitled to demand from a violator: 
a) recognition of the patent owner's rights; 
b) restoration of,the status quo and eradication of actions violating the rights or threatening to violate them; 
c) indemnification of losses, including lost profit; 
d) recovery of revenue gained by a violator in Violation of the patent owner's rights instead of the 
indemnification of losses; 
-e) apply any other remedies provided by the normative legal-acts related to the protection of the patent 
owner's rights.' -
Remedies provided in items Cc) and (d) of this article shall be used atthe patent ownerrsdiscretion. 
The patent owner shall be entitled to appeal to court to protect hislher right, as well as investigation bodies, 
due to their competence. 
Counterfeit seeds and pedigree material shall be subject to obligatory confiscation upon the decision of the 
court. Confiscated counterfeit seeds and pedigree material shall be destroyed except for the cases of their transfer to 
the patent owner upon his request. _ 
In case-of obvious evidence on a violation of the patent owner's rights, an investigation body ora court shall 
be obligated to undertake measures for a rescue and arrest of the selective achievement, which is -suspected to be 
counterfeit. 
Section VIII. 
Invalidation of a patent, its annulment and restoration of validity thereof 
Article 29. Invalidation of a Patent 
Any person may apply to the Appellate Council with a grounded request to find a patent invalid within three 
months from the date of its data publication. The Authorized State Body of the Kyrgyz Republic in the field of 
Intellectual Property shall send a copy of the request to the patent owner, who is required to present a grounded 
reply within three months from the date of notification thereof. A fee shall be levied for submission and 
consideration of the application to find a patent invalid. -
Th~ Appellate Council shaH make a decision on the -issue within six months, unless additional testing is 
required. 
A patent shall be deemed invalid, if: 
a selective achievement did not meet the condition of novelty, similarity, stability and distinctiveness on the 
date of the patent was issued; 
the person identified in the patent as its owner did not have any legal rights to receive the patent. IPINI1 IKGZ/P/5 
Page 12 
Article 30. Annulment of a Patent 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shaH annul a patent, 
if: 
the patent owner has failed to pay the patent maintenance fee in the established tenn; 
the patent owner has failed to provide seeds, pedigree material, documents and other information to check 
patentability of a selective achievement requested by the State Commission and State Pedigree Inspectorate within 
the established deadlines and failed to provide conditions for inspection of a selective achievement at place; 
a selective achievement does not comply with the conditions of similarity and stability. 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall publish in its 
official bulletin the information about annulment of a patent. 
Article 30-1 R~st,oration ofa patent's validity. Right for after:-use 
The patent's validity for a breeding, which was stopped due to -the fact that patent fee for patent's 
maintenance has not been paid in the prescribed term, may be restored at the request of the person which was the 
patent owner. Such request shall be filed to The Authorized State Body of the Kyrgyz Republic in the field of 
Intellectual Property within three years for varieties of plants and within five years for varieties of grapes, arboreal 
decorative, fruit crops and forest trees, including their stocks as well as for animal breeds from the date of expiry of 
the term for payment of the said fee, but before expiry of the term of the patent's validity established in accordance 
with present Law. The request shall be ~ttached by the document confirming payment of appropriate patent fee for 
restoration of the patent's validity. 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall publish ·in its 
official bulletin the information about restoration of a patent's validity. 
Any person, who during the .period between the dates of annulment of a patent and of publication in the 
official bulletin of The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property of the. 
information about restoration of a patent's validity, commenced to use the patented selective achievement in the 
territory of the Kyrgyz Republic or made appropriate necessary preparations to do so within the said period, shall 
reserve the right for free use thereof without extension of the Scope of such use (right for after-use). 
The right for after-use may be transferred to another natunil person or legal entity only along with production 
where the use of such selective achievement had place or where necessary preparations were made to do s.o. 
Rights specified in the in the paragraphs 3 and 4 of this Article shall not include the right to issue a license to 
any-person for making the said action. . 
Article 31 Appealing Against the Decisions of the Appellate Council of "(he Authorized State Body 'Of the 
Kyrgyz Republic in the field of Intellectual Property 
The decision of the Appellate Council to grant a patent or to refuse to grant a patent, to consider the patent 
invalid and the decision of The Authorized State Body of the Kyrgyz Republic in the field of IntellectuaJ Property 
to annul the patent ~ay be appealed in court within six months since the date of receipt thereof by the applicant. 
Article 32. Licensing Agreement Section IX 
Licenses 
Under a licensing agreement (exclusive and non-exclusive license), the patent owner (licenser) may transfer 
the right to use a selective achievement to another party (licensee) within the contractual framework of the rights 
transferred, time limits, territory and order of payments. 
V/hen a non-exclusive license is transferred to a licensee, the later shall have the right to use a selective 
achievement within the tenn and framework of the transferred rights provided in the licensing agreement. The 
issuance of non-exclusive license shall not ha.rnper the licenser from issuing licenses to third parties or from hislher ' 
own using the selective achievement in question. The license must not be transferred by the licensee to the third 
parties. The licensee shall not be entitled to issue sub-licenses. 
When the exclusive license is transferred to a licensee, the later shall enj oy the exclusive right to use a 
selective achievement on the negotiated tenns and within the stipulated territory and within the contractual time 
limit. Under an exclusive license, the licenser shall not have the right to use the selective achievement in question 
and to issue licenses to third parties within a given territory. The licensee shall have the right, upon the tenns agreed 
with the licenser, to issue sub-licenses to the third parties. IPINI1JKGZlP/S 
Page 13 
Tenns of a licensing agreement imposing limits on a licensee that do not arise from the rights granted to 
him/her by the patent or which are not mandatory for retaining the patent shall be deemed void. 
A licensing agreement as well as an agreement of patent concession shall be registered in The Authorized 
State Body of the Kyrgyz Republic in the field of Intellectual Property, without such registration it shall be deemed 
invalid. Data about registration shall be published in the official bulIetin. A corresponding fee shall be paid for the 
registration of a licensing agreement as well as for the registration of an agreement of patent concession. 
Article 33. Open License 
The patent owner may publish in the official bulletin of The Authorized State Body of the Kyrgyz Republic 
in the field of Intellectual Property that hislher selective achievement may be used by any entity from the date the 
patent owner is notified thereof, provided that he/she receives the announced fees. 
The amount of the patent maintenance fee shall be decreased by 50% from January 1 of the year following 
the year an open license announcement appears. 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall enter in the 
State Register of protected selective achievements a record on the open license announcement and indicates the 
amount of payments required. 
The Authorized State Body of the Kyrgyz Republic in the field of Intellectual Property shall enter a record in 
the State Register of protected selective achievements on the termination of the open license announcement upon a 
petition filed by the patent owner with the consent of other open license-holders. 
A corresponding fee shall be paid for filing of an application on termination of the effectiveness of the open 
license and publication of the information on tennination of the effectiveness of the open license in the official 
bulletin. . 
Article 34. Compulsory License 
In the event of non-use or insufficient use of a selective achievement by a patent owner or the person to 
whom the rights are transferred within three years from the date of patent issuance, a person willing and prepared to 
use this selective achievement, in the event of refusal of the patent oWner to enter into a licensing agreement on the 
conditions that are in compliance with the established practice, shall have the right to apply to court soliciting a 
compulsory license to use the indicated selective achievement. 
In case of force-major events (natural disasters, accidents etc.) the Government of the Kyrgyz Republic shall 
be entitled to give permission to use selective achievement without consent of the patent owner provided that the 
patent owner is notified in due course, reasonabI~ indemnity is paid to him and scope and duration of use of the 
patented selective achievement is limited by the purposes for which it was permitted. Any disputes arising from such 
use shall be considered by court. "' 
In the event the patent owner fails to prove that non-use of a selective achievement is conditioned by valid 
reasons, the court shall grant the indicated license determining the limits of its use, amount and order of payment. 
The amount of payment must be established not less than the· price Jor the license determined in accordance with the 
established practice. _ 
Under a compulsory license, the licensee shall receive the right to use a selective achievement within the 
framework of non-exclusive license. 
The court may obligate the patent owner to provide the licensee with mUltipliable material in the amount 
necessary to effec;tively use the compUlsory license in exchange for a commensurate remuneration to the patent 
owner on reasonable conditions. 
A compUlsory license shall be issued in the presence of the following conditions: 
the compulsory license applicant is in a financial, technical and scientific position to effectively use the rights 
of the patent owner; 
the patent owner refuses to authorize the compulsory license to. the applicant to re-produce or trade in 
multipliable material of a selective achievement to suffice the public needs or is not prepared to give such an 
authorization on acceptable terms; 
there is no grounds for the patent owner not to authorize such use of a selective achievement as necessary; 
The term of a compulsory license shall be established by the court .. 
Compulsory license may be revoked upon the decision of the court in the event if the owner of compUlsory 
license violates the conditions under which it was granted. ' 
The information on compulsory license shall be published in the official bulletin and entered to the State 
Register of protected selective achievements. . 
The licensee shall pay an appropriate fee fQr registration and pUblication of the information on the issuance of 
compulsory license in the official bulletin. IPINIIIKGZIPI5 
Page 14 . 
Section X 
International Cooperation 
Article 35. The Right to File an Application in Other States 
An applicant shall have the right to file an application soliciting protection of a selective achievement with 
competent bodies of another state. An application filed in other country must be registered at The Authorized State 
Body of the Kyrgyz Republic in the field of Intellectual Property . 
All expenses related to the protection of the rights to a selective achievement outside the Kyrgyz Republic 
shall be covered by the applicant. 
Article 36. Rights of Foreign Nationals and Legal Entities 
Foreign natural persons and legal entities shall enjoy the rights provided' in this Law equally with natural 
persons and legal entities of the Kyrgyz Republic by virtue of international agreements of the Kyrgyz Republic or on 
the basis of reciprocal principal. 
Article 37. Effectiveness of International Agreements 
If international agreements of the Kyrgyz Republic provide other rules than those set forth in this Law, than 
the rules of international agreements shall prevail. -
Section XI. 
Final Provisions 
Article 38. Control Over Import and Export of Selective achievements 
The control over import and export of selective achievements registered in the State Register of protected 
selective achievements shall be effectuated by the State Customs bodies in accordance with the Customs iegislarion 
of the Kyrgyz Republic. 
Article 39. Legal Treatment of certificates, author's certificates to selective achievements registered by the 
State Committee of the USSR on invention and discovery affairs 
The effectiveness of certificates and author's certificates to a selective achievement registered by the-State! 
Committee of the USSR on invention and discovery affairs shall be recognized in the territory of the Kyrgyz ; 
Republic. 
The owners of certificates and authors' certificates to varieties of plants on which the term of 20 years is not 
expired and to a variety of grapes, arboreal decorative, and forest trees, as yvell as animal breeds 25 years term of 
protection from the date of file of an application shall be granted the right to request for their exchange to patents of 
the Kyrgyz Republic. The request shaH be submitted to The Authorized State Body of the Kyrgyz Republic in the 
field of Intellectual Property. The order of submission and review of the request shall be detennined by the Rules. 
The applications to grant the authors' certificates to a new plant variety or a breed. of animal filed before 
implementation of the present Law, on which the testing has been conducted. by the State Commission and State, 
Pedigree Inspectorate and the decision to allow their use has been made, the applicant is entitled to request to grant a 
patent to the selective achievement of the Kyrgyz Republic, under condition that this selective achievement 
complies with the requirements of protect ability pursuant to the present Law. 
The applications on which requests submitted in the established term, as provided in paragraph 3 of this 
Article, shall be considered pursuant to. the order established by this Law and the Rules, without claiming the 
requirement of novelty to this selective achievement in accordance with Article 4 of this Law. 
The patents of the Kyrgyz Republic to a selective achievement granted on the requests to exchange 
certificates, authors' certificates shall be effective from the date of registration of the declared selective achievement. 
in the State Register of protected selective achievements and before expiration of 20 years term for plant varieties 
and 25 years term for a variety of grapes, arboreal decorative, and forest trees, as well as animal breeds from the 
date offile the application. Article 40. Transitional Provisions IPfNl1!KGZ/P/5 
Page 15 
The patents of the Kyrgyz Republic to selective achievements issued before enforce of the present Law shall 
reserve the tenn of validity indicated therein. " 
If applications for grant the patents to a selective achievement were filed before enforce of the present Law 
and received a positive decision the following patents of the Kyrgyz Republic shall be issued: for plant varieties -30 
. years term from the date of registration of the claimed achievement in the State Register of protected selective 
achievements; for a variety of grapes, arboreal decorative, and forest trees, including their stocks as well as animal 
breeds -35 years tenn. . 
The further procedure pursuant to the present Law shall be applied to applications for grant the patents to a 
selective achievement, which were filed before enforce of the present Law but which were not received any 
. decision. 
Article 41. Enforcement of the present Law 
1. Enforce the present Law from the date of its publication ("Erkin Too" of June 26, 1998 N! 
81-82). 
2. Within the three months period after .enforce of the present Law, the Government of the Kyrgyz Republic 
shall: 
-approve the list of botanical and zoological species, plant varieties and animal breeds which will be 
protected in accordance with the present Law; 
-bring the prior decisions· adopted by the Government of the Kyrgyz Republic to the compliance with the 
present Law. 
The President oftht? Kyrgyz Republic A. Akaev. 
Adopted by the Legislative Assembly 
of Jogo~ku Kenesh of the Kyrgyz Republic on May 26, 1998.