WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/KGZ/P/3 
1 March 2005 
 (05-0876) 
Council for Trade-Related Aspects 
of Intellectual Property Original:   English/ 
 anglais/ 
 inglés 
 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
KYRGYZ REPUBLIC 
 
 
 The present document reproduces the text1 of Law No. 24 on Patent Attorneys, as notified by 
the Kyrgyz Republic under Article 63.2 of the Agreement (see document IP/N/1/KGZ/1/Add.2). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE KIRGHIZE 
 
 
 Le présent document contient le texte1 de la Loi n° 24 sur les mandataires en brevets, notifiée 
par la République kirghize au titre de l'ar ticle 63:2 de l'Accord (voir le document 
IP/N/1/KGZ/1/Add.2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA KIRGUISA 
 
 
 En el presente documento se reproduce el texto1 de la Ley Nº 24 sobre abogados de patentes, 
que la República Kirguisa ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/KGZ/1/Add.2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/KGZ/P/3 
Page 2  
 
Bishkek City 
February 19, 2001 
# 24 
 
LAW OF THE KYRGYZ REPUBLIC 
 
On Patent Attorneys 
 
Chapter I. General Provisions  
Chapter II. Patent Attorney 
Chapter III. Procedure of Acquiring Rights of a Patent Attorney 
Chapter IV. Rights and Duties of a Patent Attorney 
Chapter V. Final Provisions 
 
Chapter I 
General Provisions 
 
Article 1. Scope of the Law 
 
The present Law stipulates legal framework of the professional activity of patent attorneys on the 
territory of the Kyrgyz Republic in the area of intellectual property objects protection.  
Provisions of the present Law shall be effective w ithin the territory of th e Kyrgyz Republic with 
respect to all patent attorneys and legal entities thereof regardless of orga nizational and legal forms 
and form of property. 
 
Article 2. State Body on Intellectual Property Issues 
 
To regulate the professional activity of patent atto rneys an authorized state body on intellectual 
property issues (hereinafter referred to as Kyrgyz patent) shall carry out qualification testing and 
registration of patent attorneys, for which Qua lification and Appellate Committee are established.  
Qualification Committee shall approve the procedure of  qualification testing and questions of the test. 
It shall appoint examiners and take decision on acce ss to qualification testing, on whether a person 
qualifies or conditionally qualifies or does not qualify to be a patent attorney, with consideration of 
requirements of Article 7 of the present Law. 
The Appellate Committee shall process complaints of persons taking qualific ation testing against a 
decision of the Qualification Committee, as well as complaints of persons against acts of patent attorneys related to undue performance of professional duties. 
 
Article 3. Activity of Patent Attorneys 
 
Activities related to receipt of protective documents and legal protection of industrial property objects 
and breeding achievements, may be im plemented through patent attorneys. 
Natural persons living outside the Kyrgyz Republic  or foreign economic entities, or their patent 
attorneys shall perform activities related to pr otection of industrial property objects, breeding 
achievements only through patent attorneys registered at Kyrgyzpatent, unless it is provided otherwise in international treaties of the Kyrgyz Republic.  
 
 
 
 
 
 
 
Chapter II  IP/N/1/KGZ/P/3 
 Page 3 
 
 
Patent Attorney 
 
Article 4. Notion and Legal Status of Patent Attorney 
 
Patent attorney shall be a natural person, who p assed qualification testing according to the established 
procedure and registered in the State Register of Pa tent Attorneys of the Kyrgyz Republic (hereinafter 
referred to as the Register) in compliance with the present Law, who was granted the right to 
represent natural and legal entities before the Kyrg yzpatent and other organizations on issues of 
obtaining and implementing lega l protection of objects of industrial property and breeding 
achievements. Activity of a patent attorney shall be an activity of a specialist, who passed 
qualification testing, with respect to qualified acts in the interest of natural and legal entities on 
protecting their right, freedoms and legal interests w ith regards to objects of industrial property and 
breeding achievements.  
A patent attorney may perform his/her professiona l activity both independently as an individual 
entrepreneur or as a legal entity, and working on a contract. The patent attorney working on a contractual basis shall be obliged to submit data ther eof to Kyrgyzpatent. The patent attorney shall be 
obliged to inform Kyrgyzpatent about all changes related to this issue w ithin one-month term for 
highlighting this information in the Register and publication thereof in an official bulletin.  
Patent attorneys, who have created legal entity in accordance with the legislation of the Kyrgyz 
Republic, shall be obliged to inform Kyrgyzpatent  thereof in one-month period for highlighting this 
information in the Register and publi cation thereof in an official bulletin. 
 
Article 5. Requirements Set Forth to Persons to Be Tested 
 
Persons meeting the requirements below may be qua lified, and registered as a patent attorney: 
citizens of the Kyrgyz Republic; 
residing on the territory of the Kyrgyz Republic as of the date of filing an application, and legal 
address for performing activity as a patent attorney; 
having higher education; 
having knowledge of legal and normative acts of the Kyrgyz Republic, international treaties, required 
for performing activity on protection of rights to ob jects of industrial property, breeding achievements 
to the extend determined by Kyrgyzpatent. 
The following persons are not eligible to take qualif ication testing for acquiring the status of patent 
attorneys: 
employees of Kyrgyzpatent a nd subordinate organizations; 
officials and employees, who are prohibited to perform business activity in accordance with the legislation of the Kyrgyz Republic.  
 
Article 6. Representation of Patent Attorneys 
 
A patent attorney shall be authorized to represent interests of any person, who has signed contract on 
rendering services with him/her. 
 
Powers of patent attorney to process cases shall be confirmed by the power of attorney, issued by the 
person, on whose behalf the patent attorney processe s cases. Power of attorney to represent the person 
concerned before Kyrgyzpatent and organizations, which form the unifi ed state patent service, shall 
be granted to the patent attorney by the trustee in a written form and, no notary certificate is required. 
 
Natural persons, residing outside the territory of the Kyrgyz Republic, and foreign legal entities shall arrange the power of attorney according to the proc edure established by the legislation of the country 
– originator of the documents. If doubts regarding authenticity of the document arise, the power of attorney shall be legalized in the consular  body of the Kyrgyz Republic upon the demand of 
Kyrgyzpatent, except for the cases when legalization of  the power of attorney is not required by virtue 
of international treaties of the Kyrgyz Republic or on the basis of principle of mutual recognition. IP/N/1/KGZ/P/3 
Page 4  
 
 
 
 
Chapter III 
The Procedure of Acquiring Rights of a Patent Attorney 
 
Article 7. Qualification Testing 
 
Persons meeting requirements of points 1-3 part 1 Article 5 of the present Law shall be admitted to 
the qualification testing. 
In the course of the exam knowledge of a person subject to qualification testing of/in the area of 
normative and legal acts of the Kyrgyz Republic, in ternational agreements, required for performing 
the activity of the patent attorney. 
A person subject to qualification testing may declare about limitation of his/her activity to certain objects of industrial property, breeding achievements or other types of services. The exam shall be 
conducted with consideration of th e given limitation. Data on the limitation thereof shall be entered 
into the Register and into the certificate issued to the patent attorney. 
Refusal of the patent attorney from limiting its activ ity shall be permitted provided the patent attorney 
takes an additional qualification testing, conducte d according to the procedure stipulated by the 
present Article.  
In case of disagreement with decision of the Qual ification Committee the person being tested shall 
have the right to appeal to the Appellate Committee within three-month period provided the 
corresponding payment is made. Upon consideration of the complaint the Appellate Committee shall 
have the right to remain the decision of the Appellate Committee in force, to appoint qualification testing for the second time, or to cancel decision of the Appellate Committee. 
Qualification testing of nominees to patent attorn eys and additional qualification testing of patent 
attorneys shall be carried out by Kyrgyzpatent upon  receipt of applications for qualification testing 
provided the corresponding payment is made. 
The procedure of qualification testing and registrati on of patent attorneys shall be determined by 
Kyrgyzpatent in accordance with provisions, stipulated by the present Law. 
 
Article 8. Registration of Patent Attorneys 
 
Persons who successfully passed the exam, shall be re gistered by Kyrgyzpatent into the Register on 
the basis of application for registration within one month as of the date of its filing and provided the 
corresponding payment is made. 
Decision on qualification testing shall enter into force as of the date of its taking. The right to conduct 
professional activity of a patent attorney shall emerge as of the date of its registration in the Register. 
Pursuant to the present Law persons, not registered as patent attorneys, shall not have the right to use 
the name of “patent attorney” in his/her activity on the territory of the Kyrgyz Republic.  
Patent attorneys shall be obliged to inform Kyrgyzpatent about all change s and amendments to the 
data referred to the registration, as well as about changes and amendments in  the Charter of legal 
entity within one-month period. Record on changes and amendments shall be entered into the Register 
and into certificate of the patent attorney  provided the corresponding payment is made. 
 
Article 9. Publication of Data on Registration of Patent Attorneys 
 
Kyrgyzpatent shall issue to the patent attorney certificate on the basis of the registration and shall 
publish information on registration of the patent attorney in an official bulletin published by 
Kyrgyzpatent. Format of the certificate and compositi on of the published data shall be determined by 
Kyrgyzpatent. 
Data on all changes and amendments referred to registration, as well as on changes and amendments in the Charter of the legal entity shall be published in an official bulletin.  
  IP/N/1/KGZ/P/3 
 Page 5 
 
 
Article 10. Exclusion from the Register of Patent Attorneys 
 
Kyrgyzpatent shall exclude a patent attorney  from the Register on the following grounds: 
- application of the patent attorney; 
- termination of citizenship of the Kygryz Re public and legal address on the territory of the 
Kyrgyz Republic by a patent attorney or due to  circumstances, stipulated by para 2 Article 5 
of the present Law; 
- identification of non-compliance of data or documents submitted by the patent attorney to 
Kyrgyzpatent; 
- decisions of the Appellate Committee on the results  of consideration of complaint of a client 
or any other persons against acts of the patent attorney; 
- decisions of the Appellate Committee upon the r esults of consideration of abuse of rights and 
duties by the patent attorney, provided by the present Law; 
- failure to perform patent attorney activities during three years; 
- entering into course of the ruling of a cour t on prohibition to conduct patent attorney’s 
activity or on other punishments that ex clude a possibility of such an activity; 
- death of the patent attorney. 
In the event patent attorney is excluded from th e Register on the grounds stipulated by the present 
Article, his/her certificate shall be terminated and subject to return to Kyrgyzpatent. 
Information on exclusion of the patent attorney from the Register shall be published by Kyrgyzpatent 
in official editions indicating reasons for exclusion. 
Exclusion from the Register may be appealed in court.  
 
Chapter IV 
Rights and Duties of Patent Attorney 
 
Article 11. Rights of Patent Attorney 
 
The patent attorney shall have the right to repr esent interests of any person, who signed a commission 
contract with him/her or any other contract of analogous content in accordance with the legislation of the Kyrgyz Republic.  
Patent attorneys may perform other types of activity not prohibited by the legislation of the Kyrgyz 
Republic.  
 
Article 12 Duties of Patent Attorney 
 
The patent attorney, representing interests of the trus tee shall be obliged to act within the limits of 
rights granted to him/her by the trustee, if otherwise explicitly follows from the actions of the trustee. The patent attorney shall take necessary measures to prevent violations of the trustee’s rights. 
The patent attorney shall have no right to accept the power of attorney if he has already represented or rendered consultations on the subj ect matter of the case to the persons, whose interests explicitly 
contradict to the interests of the person, turned to  the patent attorney with the request to process the 
case, or if the patent attorney participated in any other way in consideration of the case concerned, and 
if the official, who examines the case is  a relative of the patent attorney.  
When receiving materials from the trustees the patent  attorney shall be obliged to confirm the receipt 
thereof and to return original material on the case upon expiration of the agreed period of time or upon expiration of the power of attorney, and upon the request of the trustee. 
The patent attorney shall be obliged to terminate his/her professional activity for the period of his/her 
work in a state body. 
In case of termination of the patent attorney’s ac tivity, liquidation or reorganization of legal entity of 
patent attorneys, the patent attorn ey shall be obliged to notify Kyrgyz patent and trustee thereof, and to 
keep materials on the case for th eir transfer to the successor. 
In case of liquidation of a legal entity or death of th e trustee, whose interests were represented by the 
patent attorney, he/she shall inform Kyrgyz patent and legal successors of the trustee. IP/N/1/KGZ/P/3 
Page 6  
 
 
Article 13. Liability of Patent Attorney 
 
The patent attorney shall bear property or other liability in accord ance with the legislation of the 
Kyrgyz Republic for non-qualified performance of oblig ations to the contract, signed with the trustee.  
Complaints of any persons against unduly implem entation of professional duties by the patent 
attorney, as well as commitments of actions in violation of requirements of  normative and legal acts 
of the Kyrgyz Republic shall be considered by the Appellate Committee of Kyrgyzpatent. 
Kyrgyzpatent may take the following measures against the patent attorney, who infringed 
requirements thereof: 
1) warning; 
2) setting qualification testing following by exclusi on from the Register in case of failure at the 
exam; 
3) temporarily exclusion from the Register for one year term with the right to be re-entered into 
the Register upon the results of qualification testing; 
4) exclusion from the Register with no right to qualification testing during five years. 
 
Article 14. Confidentiality of Information in the Work of a Patent Attorney 
 
The information that the patent attorney receive d from the trustee due to implementation of the 
trustee’s assignment shall be considered confidential,  unless it is otherwise indicated by the trustee or 
explicitly follows from his/her actions. 
The patent attorney shall be obliged to ensure safety of documents receive d and (or) arranged during 
the patent attorney’s activity. The patent attorney shall have no right to transfer these documents or 
copies thereof by to third persons or to disclose data therein orally without written consent of the 
person, whose interests he/she represents. 
 
Chapter V 
Final Provisions 
 
Article 15. Payment for Services Rendered by Kyrgyzpatent 
 
The corresponding fee shall be charged for qualificati on testing, registration, issuance of certificates, 
consideration of appeals, additional qualifica tion testing, and introduction of changes and 
amendments to the Register. 
The amount and terms of making the corresponding payment, as well as grounds for exemption from payment, reduction of its amount or  reimbursement shall be determin ed by the Government of the 
Kyrgyz Republic. The amount of indicated payments  shall be established in compliance with the Law 
of the Kyrgyz Republic On Licensing from the corre sponding costs of Kyrgyzpatent for conduction of 
qualification testing, registration and introduction of changes and additions to the Register. 
All funds transferred to the account of Kyrgyzpate nt in the form of the corresponding payments, 
including hard currency ones, sha ll be used by Kyrgyzpatent for technical equipping, creation and 
application of computerized system of comp iling fund of patent documentation, training and 
stimulating of the personnel. 
 
 
 
 
Article 16. The Procedure of Entering into Force of the Present Law 
 
The present Law shall enter into force as of the date  of its publication (“Er kin-Too” newspaper of 
February 28, 2001, # 17). 
The Government of the Kyrgyz Republic shall bri ng its normative and legal acts in compliance with 
the present Law.  IP/N/1/KGZ/P/3 
 Page 7 
 
 
To bring the legislation of the Kyrgyz Republic in compliance with the present Law normative and 
legal acts of the Kyrgyz Republic with regard to th e part not contradicting the present Law, shall be 
applied. 
Results of qualification testing and registration of patent attorneys made on the basis thereof, 
conducted not earlier than three years as of the effec tive date of the present Law, shall be considered 
to be valid. 
 
 
President of the Kyrgyz Republic       A.Akaev 
Adopted by the Legislative Assembly Jogorku Kenesh of the Kyrgyz Republic 
January 22, 2001 
 
__________