WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/KGZ/C/4 
IP/N/1/KGZ/I/3 
1 March 2005 
 (05-0874) 
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. 74 on Service Inventions, Utility 
Models and Industrial Designs, as notified by th e 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° 74 sur les inventions de services, les 
modèles d'utilité et les dessins et modèles industr iels, notifiée par la République kirghize au titre de 
l'article 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 74 sobre Invenciones de 
Servicios, Modelos de utilidad, y Dibujos industr iales, 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/C/4 
IP/N/1/KGZ/I/3 Page 2 
 
 
 
Bishkek City 
July 16, 1999 
# 74 
 
LAW OF THE KYRGYZ REPUBLIC 
 
On Service Inventions, Utility Models and Industrial Designs 
 
Article 1. Scope of the Law 
 
The present Law regulates relations arising between an employer and employee with respect to creation and use of service inventions, utility models and industrial designs. 
Provisions of the present Law shall cover service i nventions, utility models and industrial designs 
created at enterprises, institutions and organizations  (hereinafter referred to as organization) of any 
forms of property. 
 
Article 2. Basic Notions 
 
For the purpose of the present Law the terms below shall have the following meaning: 
An employer shall mean a legal or natural person, who has been granted the right to sign and terminate labor contracts with an em ployee according to the legislation. 
An employee shall mean an author or authors (hereinafter referred to as author) of service invention, utility model and industrial design, who is in labor (s ervice) relations with an employer (including by-
job) pursuant to the legislation of the Kyrgyz Republic. 
A successor of an employer shall mean legal or natu ral person, who has acquired the right to file an 
application for issuance of the preliminary patent, patent for service invention, certificate for service 
utility model or preliminary patent, patent for service industrial design (hereinafter referred to as protective document) or the right to receive protec tive document upon the filed application or the right 
to protective document. 
Service inventions, utility models, industrial designs  shall mean inventions, utility models, industrial 
designs, created by an employee during the period of labor (service) relations in accordance with the legislation of the Kyrgyz Republic in the result of performing their labor (service) duties, determined 
in job description or in the result of performing a certain assignment of an employer, fixed in the corresponding documentation, with which an empl oyee was familiar prior to creation of service 
invention, utility model and industrial design.  
 
Article 3. Legislation of the Kyrgyz Republic  on Service Inventions, Utility Models, and 
Industrial Designs 
 
The legislation of the Kyrgyz Republic on Service Inventions, Utility Models, Industrial Designs shall consist of the Civil Code of the Kyrgyz Republic, Patent Law of the Kyrgyz Republic, and the present 
Law, as well as other normative and legal acts of the Kyrgyz Republic.  
 
Article 4. Inventions, Utility Models, Industrial Designs not Recognized As Service Ones 
 
The following inventions, utility models, and indus trial designs shall not be recognized as services 
ones: 
- created by authors when performing works on the basis of concluded civil and legal contracts; 
- created by employees, whose labor (service) duties or certain assignments do not include work on creation of inventions, utility models and industrial designs. 
 
Article 5. Rights to Service Inventions, Utility Models, and Industrial Designs  IP/N/1/KGZ/C/4 
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1. An employer shall have the right to file an application and receive protective documents for 
service inventions, utility models, and industrial d esigns, unless it is otherwise stipulated by the 
contract between him/her and employees. 
The copyright and other personal non-economic rights sh all belong to the author. He/she shall have 
the right to remuneration. 
2. The rights to inventions, utility models, and indus trial designs stipulated in Article 4 of the 
present Law, shall belong to authors. 
3. The right to inventions, utility models, and industri al designs created with the use of information, 
experience, material, technical and other mean s of an employer, but not in relation with 
performing labor (service) duties by an employee,  unless it is otherwise stipulated by the labor 
contract between an employee and employer. In this  case an employer shall have the right to use 
service invention, utility models, and industria l design in his/her own production, including 
payment of compensation to the owner of protec tive document, defined on a contractual basis. 
4. In the event service inventions, utility models, a nd industrial designs are created by joint creative 
labor of several authors, including person, who is not an employee of an organization, where they are created, powers of such a person shall be determined by the contract, signed by this person with the organization and other authors. 
 
Article 6. Notification of an Employer on Crea tion of Service Invention, Utility Model, and 
Industrial Designs 
 
An employee, who created service invention, utility model, and industrial design shall be obliged to inform an employer thereof in writing within one-month period as of the date of creation of invention, utility model, and industrial designs. Notificati on should be signed by an employee and contain 
characteristics of the created object, sufficient for registration of an application for service invention, utility model, and industrial design. Notification shall be made in cases stipulated by points 3 and 4 of Article 5 of the present Law.  
 
Article 7. Processing of Notification on Crea tion of Service Invention, Utility Model, and 
Industrial Design 
 
1. Notification on creation of service invention, utility model, industrial design shall be registered by an employer as of the date of its filing. An employee shall be notified thereof in writing. 
2. An employer shall be obliged to file an applica tion with the State Agency of Intellectual Property 
of the Government of the Kyrgyz Republic (hereinafter referred to as Kyrgyzpatent) or to concede 
the right to file an application and receive pr otective document to other person, including the 
author of the created service invention, utility model, and industrial design, or to take a decision 
on keeping them in secret and inform the author  about the decision in writing within four-month 
period as of the date of receiving the notification on creation of service invention, utility model, and industrial design.  
If an employer or his/her successor fails to file an application with Kyrgyzpatent, fails to re-concede 
the right to file an application and receive protec tive document to the author or to other person, and 
fails to inform the author about the necessity to keep the service invention, utility model, and 
industrial design in secret within four-month period as of  the date of notification, the author shall have 
the right to file an application with Kyrgyzpatent and receive protective document for his/her name. In this case an employer shall have the right to use service invention, utility model, and industrial design 
in his/her own production with payment of compen sation determined on a contractual basis to the 
owner of protective document. 
3. In the event the notification signed by an empl oyee in compliance with Article 6 of the present 
Law does not contain data required for registeri ng the application, this information may be 
requested during one month as of the date of r eceiving the notification. In this case the term IP/N/1/KGZ/C/4 
IP/N/1/KGZ/I/3 Page 4 
 
 
indicated in point 2 of the present Article shall be suspended and restored upon receipt of the requested data.  
 
Article 8. The Right of an Author to Remuneration 
 
1. An author of service invention, utility model, a nd industrial design, the right to which belong to 
an employer or his/her successor, if the indicated successor is not an author, shall have the right to 
remuneration. An employer shall be obliged to sign a contract with the author on amount and terms of payment of remuneration not later the expi ration of the term stipulated in point 2 Article 
7 of the present Law.  
In case an employer avoids signing the contract on  remuneration payment, the author shall have the 
right to bring suit to the court as to remuneration payment.  
2. An employer shall pay an incentive remuneration to the author of service invention, utility model, 
and industrial design, the right to which belong to  an employer or his/her successor, during one 
month as of the date of receiving the protective document. The amount of an incentive remuneration for one service invention, one ser vice utility model, and one service industrial 
design regardless of the number of authors sha ll amount to not less than ten minimum wages, 
stipulated by the legislation of the Kyrgyz Republic as of the date of payment. 
3. An employer shall pay to the author remuneration for using service invention, utility model, and industrial design during the validity term of the protective document, issued to an employer or 
his/her successor, in the amount and on the terms s tipulated in the contract. In case of failure to 
reach an agreement the court shall make the ruling.  If it is not possible to compare contribution of 
the author and the employer in creation of service in vention, utility model or industrial design, the 
author shall have the right to one half of the profit, which the employer received or should have 
received. 
4. Provisions of point 3 of the present Article shall be also a pplied when the employer uses service 
invention, utility model, and industrial design, with regards to which decision on keeping them in secret has been taken, or in case of non-receipt  of protective document thereof for reasons 
depending on the employer, as well as when conceding rights to their use to another person. 
5. Remuneration shall be paid to the author within the term not less than three months as of the end of each year, during which service invention, utilit y model, and industrial design were used, and 
not less than one month after receiving profit from licensing. 
The owner of the protective document, who failed to pay remuneration in time, shall pay to the author for every day of arrears a fine in the amount of 0.5% of the amount due to payment. 
6. If service invention, utility model and industrial design are not used by the employer and the right to the use thereof is not conceded  to other person, willing and ready to use it during four years as 
of the date of issuance of the protective documen t for service invention or industrial design and 
during three years as of the date of issuance of th e certificate for utility model, the employer shall 
pay remuneration, unless it is otherwise stipulated in the contract. Payment of remuneration in this 
case is of one-time nature and is made within three months upon expiration of the given terms. 
The amount of remuneration for one service inve ntion, one service utility model, one service 
industrial design regardless of the number of aut hors shall constitute not less than ten minimal 
wages, determined by the legislation of the Kyrgyz Republic as of the date of payment.  
7. In case of non-use of service invention, utility model, and industrial design with respect to which the employer has taken a decision on keeping their content in secret, the author shall be paid one-
time remuneration not less than one year as of the date the decision is taken. The amount of remuneration for one service invention, one ser vice utility model, and one service industrial 
design regardless of the number of authors shall co nstitute not less than twenty minimal wages, 
stipulated by the legislation of the Kyrgyz Republic as of the date of payment.  
 
Article 9. Right of an Author to Receive Prot ective Document for Service Invention, Utility 
Model, and Industrial Design 
  IP/N/1/KGZ/C/4 
 IP/N/1/KGZ/I/3 
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1. In case of loosing an interest in receiving the pr otective document upon fili ng an application for 
its issuance or in keeping the validity of the protective document, the employer or his/her successor shall be obliged to offe r the author of service invention,  utility model, and industrial 
design in a timely manner free cession of the ri ght to receive the protective document or the 
protective document, accordingly. 
2. If the employer or his/her successor concedes the pr otective document or the right to obtain it the 
author shall have an advantageous right to purchase the protective document or the right to receive it on the same terms. Provisions of the civil legislation of the Kyrgyz Republic on advantageous right to purchase shall be applied.  
 
Article 10. Invalidity of Terms of a Contract that Worsen the Situation of an Employee 
 
Terms of contract on service invention, utility mode l, and industrial design that worsen employee’s 
situation, comparing with the pr esent Law shall be deemed invalid. 
 
Article 11. Patenting of Service Invention, Utilit y Model, Industrial Design in Foreign Countries 
 
The right to patenting service invention, utility m odel, industrial design in foreign countries shall 
belong to an employer, if it is otherwise stipulat ed by the contract between an employer and an 
employee. 
 
Article 12. Secret Service Inventions, Utility Models, and Industrial Designs 
 
Service inventions, utility models, industrial designs , recognized by the state as secret shall be 
regulated by the legislation of the Kyrgyz Republic  on secret inventions, utility models, and industrial 
designs.  
 
Article 13. Service Invention, Utility Models, and Industrial Designs Created When Implementing Works on State Order  
 
1. The right to file an application and to receive  the protective document for service inventions, 
utility models, and industrial designs, created in the organization when implementing the contract funded at the expense of the state budget, shall belong to this organization, unless it is otherwise stipulated by the contract between the state customer and the organization.  
2. The organization shall inform the governmental customer about all service inventions, utility models, and industrial designs created in the organization while implementing the contract. 
3. Upon demand of the state customer, the owner of the protective document shall grant non-exclusive free license to use the service invention, utility model,  and industrial design created 
when implementing contract for developing arms and defense technology financed at the expense 
of the state budget to the manufacturer of arms  and defense technology for implementing state 
defense order for the whole effective term of the protective document.  
Payment of remuneration to the employee shall be made  at the expense of funds of the state customer. 
4. Granting licenses for service inventions, utility models, industrial designs by the owner of the protective document to the third persons created when implementing the contract for developing arms and defense technology funded at the expen se of the state budget shall be made upon the 
permission of the state customer.  
 
 
 
Article 14. Observance of Confidentiality 
 
An employee and an employer shall be obliged to  refrain from any non-agreed disclosure of data on 
service invention, utility model, industrial design prio r to the date of publication of data on issuance IP/N/1/KGZ/C/4 
IP/N/1/KGZ/I/3 Page 6 
 
 
of the preliminary patent, patent for service inve ntion, industrial design or data on issuance of 
certificate for utility model. 
 
Article 15. Liability for Non-observance of the Present Law 
 
Non-observance of requirements of the present Law with  respect to notification of an employer by an 
employee about the service invention, utility model or industrial design created by him/her, as well as 
with respect to observance of confidentiality shall entail liability in compliance with the legislation of 
the Kyrgyz Republic.  
In case an employer violates requirements of confidentiality the damage incurred by an employee shall be recovered by an employer in accordance with the civil legislation of the Kyrgyz Republic.  
 
Article 16. Dispute Settlement 
 
Disputes related to application of the present Law shall be considered according to the procedure 
established by the legislation of the Kyrgyz Republic.  
 
Article 17. On Effectuating the Present Law 
 
1. To effectuate the present Law as of the date of its publication (“Erkin T oo” of August 13, 1999, # 
66). 
2. The Government of the Kyrgyz Republic should bring its normative and legal acts in compliance 
with the present Law.  
 
President of the Kyrgyz Republic      A. Akaev 
Adopted by the Legislative Assembly of the Jogorku Kenesh  June 15, 1999 
 
__________