WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/1/KGZJC/6/ Add.l 
IP/N/1/KGZ/P/2/ Add.2 
IP/N/1/KGZ/P/3/ Add.1 
29 April 2008 
(08-2055) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
KYRGYZ REPUBLIC 
Addendum 
The present document reproduces the text1 of the Law of the Kyrgyz Republic of31 March 2005, No. 
58 "On making alterations and additions into certain legislative acts of the Kyrgyz Republic" ( entered into force 
on 8 April 2005), as notified by the Kyrgyz Republic under Article 63.2 of the Agreement (see document 
IP/N/l/KGZ/3). 
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 
Addendum 
Le present document contient le texte1 de la Loi de la Republique kirghize n° 58 du 31 mars 2005 
"apportant des modifications et adjonctions a certains actes legislatifs de la Republique kirghize" (entree en 
vigueur le 8 avril 2005), notifiee par la Republique kirghize au titre de !'article 63:2 de l'Accord (voir le 
document IP/N/l/KGZ/3). 
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 PARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
REPUBLICA KIRGUISA 
Addendum 
En el presente documento se reproduce el texto1 de la Ley N° 58 de la Republica Kirguisa, de 31 de 
marzo de 2005, por la que se introducen modificaciones y adiciones a determinados actos legislativos de la 
Republica Kirguisa (que entr6 en vigor el 8 de abril de 2005), notificada por la Republica Kirguisa en virtud del 
parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/KGZ/3). 
1 In English only./En anglais seulement./En ingles solamente. IP/N/1/KGZ/C/6/ Add. I 
IP/N/1/KGZ/P/2/ Add.2 
IP/N/1/KGZ/P/3/Add.l 
Page2 
Bishkek, the Govermnent House 
March 31, 2005 No.58 
LAW OF THE KYRGYZ REPUBLIC 
On making alterations and additions into certain 
legislative acts of the Kyrgyz Republic 
Article 1. 
The following alterations and additions shall be made in the Law of the Kyrgyz 
Republic "On the legal protection of software and databases": 
1. In part III of Article 2 the words "(hereinafter referred to as Kyrgyzpatent)" 
shall be deleted. 
2. In the entire text of the Law the word "Kyrgyzpatent" in different forms shall 
be replaced by the following: "Authorized State body in the field of 
Intellectual Property" in appropriate forms. 
3. Part Ili and IV of A11icle 11 shall be in the following edition: 
"Treaty on transfer of economic rights or licensing agreement for registered in the 
Authorized State body in the field of Intellectual Property computers software or 
database may be registered in the Authorized State body in the field of Intellectual 
Prope11y" 
4. Article 14 shall be in the following edition: 
"Article 14. Registration of computers Software or Database 
An application for official registration of sottware or database (hereinafter referred to 
as application) shall refer to one software or one database. 
An application must contain: 
• application for official registration of software or database with the 
indication of a right owner as well as the author, unless he refused to 
be mentioned as such and their place of location (place of residence); 
• deposited documents identifying the software or database, including an 
abstract; 
• document confirming the payment of the registration fees due, or 
grounds for exemption from the payment of registration fees and for 
reduction of its amount. 
Authorized State body in the field of Intellectual Property shall determine rules of 
filing the application for registration. 
After receipt of an application for registration the Authorized State body in the field 
of Intellectual Prope11y shall check the availability of the documents required and 
their compliance with the requirements set forth in paragraph 2 of this Article. 
Upon the request by the Authorized State body in the field of Intellectual Property or 
on his own inii.iative the applicant shall be entitled to update, add and make changes 
in the materials of the application prior to making a decision on official registration. Consideration of the application shall be made within six months. IP/N/l/K.GZ/C/6/ Add. I 
IP /N/1/K.GZ/P /2/ Add.2 
IP/N/I/K.GZ/P/3/ Add. I 
Page 3 
Should the results of the examination be positive, the Authorized State body in the 
field of Intellectual Property shall enter the software or database into the software 
state register of the Kyrgyz Republic or the database State register respectively, grant 
the certificate on official registration to the applicant and publish the information 
about registered software or database in the official bulletin of the Authorized State 
body in the field of Intellectual Property. 
~rocedures for official registration, forms of certificates on official registration, 
content of the data indicated therein shall be established by the Authorized State body 
in the field of Intellectual Property. The Authorized State body iil the field of 
Intellectual Prope1iy shall also define the list of data to be ·published in the official 
bulletin. 
The information entered into the Software State Register of the Kyrgyz Republic and 
the Database State Register of the Kyrgyz Republic shall be considered authentic until 
otherwise is proved. 
The liability for authenticity of the indicated information shall be with the applicant. 
Appropriate registration fees shall be paid for execution of actions connected with the 
official registration of software or database, contracts and publication of information. 
Amounts, deadlines of payment of registration fees and grounds for exemption from 
payment thereof or reduction of their amounts shall be established by the Government 
of the Kyrgyz Republic. 
All the financial resources accumulated on the account of the Authorized State body 
in the field of Intellectual Property, including those in foreign currency, shall be used 
by the Authorized State body in the field of Intellectual Property to cover costs of 
activities envisaged in this article and also for creating, equipping and using an 
automated system, for training and motivating the staff." 
5. In Article 15: 
In paragraph I the words: "property rights" and "after the sale" shall be replaced by 
the following words: "economic rights" and "after first sale" respectively. 
In paragraph III after the words: "special procedures" the words "conclusion of 
agreements" shall be added; the words "conditions for the use" shall be replaced by 
the words "conditions of the agreement". 
6. Articles 18 and 19 shall be in the following edition: 
"A1iicle 18. Civil and other types of Protection of Rights to Software or Database 
Author of software or database or other right owners have the right to require: 
• recognition of rights; 
• restoration of the status which existed prior to the infringement of the 
right; IP/N/1/KGZ/C/6/ Add. I 
IP /N/1/KGZ/P /2/ Add.2 
IP/N/l/KGZ/P/3/Add.l 
Page4 
• cessation of the actions that infringe the right or create the threaten of 
its infringement; 
• payment of damages; 
• recovery of losses, the amount of which shall include revenues 
illegally obtained by the infringer; 
• payment of compensation by the infringer in cases of infringement 
aimed at gaining profit instead of recovery of losses in the amount of 
20 to 50 OOO times of the minimum monthly wage set up by the 
legislation of the Kyrgyz Republic, in cases of infringement with the 
aim of making profit instead of covering losses; • 
• taking other measures envisaged in regulations connected with 
protecting their rights; 
Measures listed in paragraphs 5, 6 and 7 of part II of the present Article shall be taken 
at the option of a software or database owner. 
Right owners shall be entitled to go to the Court, investigation bodies, prejudicial 
inquiry bodies in accordance with their competence. 
Counterfeit copies of software or database are subject to obligatory confiscation 
according to the Court's decision. Confiscated counterfeit copies shall be destroyed 
except for cas~s where of transfer thereof to the right owner at his/her request. 
Court may order to seizure materials and equipment used for reproduction and 
manufacture of counterfeit copies. 
A person who is guilty in intentional or neglect destruction of original software or 
database on request of the author is obliged to pay material and moral damages in 
accordance with part I of current Article. 
Article 19. Methods of filing of plaintiffs related to violation of the rights for software 
and database 
Court or judge may solely decide to prohibit defendant or person who is reasonably 
suspected in violation of the rights to take certain actions (production, reproduction, 
sale, rent, import or other use stipulated by the present Law, as well as transporting, 
storage or possession aimed at entering into civil turnover of copies of software and 
database, which are suspected to be counterfeit). 
Court or judge may solely decide to arrest and seize of all copies of a software or 
database, which are suspected to be counterfeit as well as materials and equipment 
aimed at manufacture and reproduction thereof. 
Whe~·e there is sufficient information about violation of the legislation regulating legal 
protection of software and database appropriate measures may be taken in the order 
establishe~ by the legislation of the Kyrgyz Republic in order to search and arrest 
copies of software and database, which are suspected to be counterfeit, materials and 
equipment aimed at manufacture and reproduction of the said copies as well as 
documents, which may be a proof of taking actions violating the present Law, 
including seizure and transfer to responsible storage as a case may be." IP/N/1/KGZ/C/6/Add.l 
IP/N/l/KGZ/P/2/ Add.2 
IP/N/l/KGZ/P/3/ Add. I 
Article 2. 
The following alterations and additions shall be made in the Law of the Kyrgyz 
Republic "On the legal protection of selective achievements": 
1. Part I of the Preamble shall be in the following edition: Page 5 
"This Law shall regulate economic and personal non-economic relations arising due 
to exposure or raising (hereinafter referred to as creation), exploitation and legal 
protection of selective achievements for which the patents of the Kyrgyz Republic are 
granted" 
2. In the entire text of the Law: 
the word "Kyrgyzpatent" in different forms shall be replaced by the following: 
"Authorized State body in the field of Intellectual Property" in appropriate forms; 
words "( exposure, raising)", "( exposure or raising)", "( exposed or raised)" in different 
forms as well as "(has been exposed, raised)", "(has been exposed or raised)" and 
"(has been raised or exposed)" in different gender and numeral forms shall be deleted. 
3. Paragraph 11 of Article 1 shall be in the following edition: 
"plant material --a whole plant or its parts, seeds, seedlings, bulbs, fruits of different 
crops used for breeding or a purpose, other than reproduction of a plant variety;" 
4. In A11icle 4: 
Paragraph 4 of paii 4, part 5 and 6 shall be deleted; 
In paragraph 2 of part 7 the word "novelty" shall be deleted; 
Part 7 shall be considered as part 5 accordingly. 
5. In Article 4: 
Paragraph 2 of part 2 shall be in the following edition: 
"2} Distinctiveness 
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 official catalogues, reference funds or has exact description 
in one of the publications, or is included into the State Register of protected selective 
achievements" 
6. In Article 7: IP/N/1/KGZ/C/6/Add.1 
IP /N/1/KGZ/P /2/ Add.2 
IP/N/1/KGZ/P/3/ Add. l 
Page 6 
Paragraph of part 1 shall be in the following edition: 
"2) description of a variety, breed: 
For a variety of plant -variety form; 
For a breed of animals -description thereof in accordance with current methods for 
approbation of agricultural animals;" 
In part 2 the words "to the indicated" shall be replaced by "to the application and 
attached" 
7. Part 8 of Article 8 shall be deleted. 
8. Articles 10 and 11 shall be in the following edition: 
"Article 10. Examination of the application for a selective achievement 
Examination of the application for selective achievement shall include preliminary 
examination and test of claimed selective achievement for distinctiveness, uniformity 
and stability. 
Al1icle 11. Preliminary examination of the application for a selective achievement 
"Preliminary examination of the application for a selective achievement shall be 
carried out within the term of 2 months after the date of filing at the Authorized State 
body in the field of Intellectual Property. In the course of the preliminary examination 
the Authorized State body in the field of Intellectual Property shall check the 
availability of necessary documents provided by Article 7 of this Law, the compliance 
of the denomination of a selective achievement with the requirements of Article 8 of 
this Law 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 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 required 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 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 since 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 in the field of Intellectual Property may IP/N/1/KGZ/C/6/Add.1 
IP /N/1/KGZ/P /2/ Add.2 
IP/N/l/KGZ/P/3/ Add. I 
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 montl).s. Page7 
In the event that 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 of his/her application to consideration." 
9. Article 12 shall be added with paragraphs 4 to 10 in the following edition: 
"Within six months since the date of publication of the application a claim for novelty 
shall be taken into consideration submitted by any interested person to the Authorized 
State body in the field of Intellectual Property. 
This claim shall be submitted by any interested person in the form of objection to the 
Board of Appeals. 
The Board of Appeals shall notify the applicant on receipt of the objection and state 
the nature of this objection. If the applicant disagrees with the objection of interested 
person he/she is entitled within one month since the date of receipt of notification to 
submit motivated reasons to the Board of Appeals. 
This objection shall be considered by the Board of Appeals within four months since 
the date of receipt thereof. Appropriate fee shall be paid to the Board of Appeals for 
consideration of the objection. 
A person submitted an objection and the applicant are entitled to participate in 
consideration thereof. 
If a selective achievement does not meet the requirement of novelty, then the decision 
on refusal of granting of a patent. 
In case of disagreement with the decision on the objection of the Board of Appeals 
any party is entitled to bring an action to the Court within six months since the date of 
decision." 
10. Paragraphs 3 and 4 of Article 13 shall be deleted. 
11. Articles 14 and 15 shall be in the following edition: 
"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 bound by virtue of 
bilateral or multilateral agreements on the protection of plants varieties and animals 
breeds. 
Appropriate fee shall be paid for examination of a variety. IP/N/l/KGZ/C/6/ Add. I 
IP/N/1/KGZ/P/2/ Add.2 
IP/N/1/KGZ/P/3/ Add. I 
Page 8 
In the course of assessment of the selective achievement for distinctiveness, similarity 
and stability, the 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 
testing of a selective achievement with which the Kyrgyz Republic is bound by virtue 
of bilateral or multilateral agreements on the 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 territory. 
The State Commission and the State Pedigree Inspectorate may request the applicant 
to provide all necessary information, documents or pedigree mat~rials as well as offer 
the applicant to provide specific 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 be entitled to add the description of a selective 
achievement any time during the period of patent validity. 
On the basis of the results of examination for novelty, distinctiveness, similarity and 
stability, the materials ofthe rep01is and conclusion of the State Commission and the 
State Pedigree Inspectorate, the Authorized State body in the field of Intellectual 
Prope1iy shall take a decision to grant a patent and to establish the priority, if not 
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 request 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 Board of Appeals within three months from the date the 
applicant is notified of such decision on his/her application, or copies of the materials 
opposed to the application and requested by him and complete information on the 
upshots of the tests. 
The complaint shall be reviewed within four months from the date it is received by 
the Board of Appeals. 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 of his/her complaint. 
The appropriate fee shall be paid for file of an appeal to the Board of Appeals. IP/N/1/KGZ/C/6/ Add. I 
IP /N/1/KGZ/P /2/ Add.2 
IP /N/1/KGZ/P /3/ Add. I 
The decision of the Board of Appeals may be contested by the applicant in court 
within six months from its adoption. Page 9 
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 in the field of Intellectual Property provided that there are solid reasons 
therefor, and the dues are paid. 
A solicitation on the restitution of missed time limits may be filed by the applicant no 
later than 6 months after the missed time limits." 
12. In Article 17 the words: "30 years" and "35 years" shall be replaced by the 
words "20 years" and "25 years" respectively. • 
13. In Article 19 the words "six months" shall be replaced by the words "two 
months". 
14. In paragraph 4 of Article 20 the words "and motivation" shall be deleted. 
15. In A1iicle 24: 
This Article shall be added with paragraph 4 in the following edition: 
"Exclusive right of a patent owner shall cover also plant materials, which were 
introduced into economic turnover without consent of a patent owner and regarding 
trade products of plant material and a protected variety"; 
In paragraph 4 the word "first" shall be replaced by the word "second". 
Paragraphs 4, 5 shall be deemed as paragraphs 5 and 6 respectively. 
16. A1iicle 25 shall be in the following edition: 
"Article 25. Actions that are not Deemed Violations of the Patent Owner's Rights 
The following actions shall not be 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 Atiicle 24 of this Law in respect of such selective achievements; 
-use of the plant material engineered by agricultural (farmer) enterprise 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 
Govermnent of the Kyrgyz Republic.". 
17. Paragraph 1 of Article 27 shall be in the following edition: 
"The liability stipulated by the legislation of the Kyrgyz Republic shall commence 
upon violation of the rights of the patent owner provided by this Law.". IP /N/1/KGZ/C/6/ Add. l 
IP/N/1/KGZ/P/2/ Add.2 
IP/N/1/KGZ/P/3/ Add. I 
Page 10 
18. Title of Section VIII shall be in the following edition: 
"SECTION VIII. INV ALIDA TI ON OF APA TENT, PRE-TERM ANNULMENT OF 
A PATENT VALIDITY AND RESTORATION OF A PATENT VALIDITY." 
19. In the first sentence of paragraph 1 of Article 29 the words: "within three 
months" shall be deleted. 
20. In Article 30: 
Title of the Article shall be in the following edition: "Pre-term annulment of a patent 
validity"; 
Paragraph 1 of Part 1 shall be in the following edition: 
"Patent validity shall be annulled pre-term:"; 
The Article shall be added with paragraph 2 in the following edition: 
"The Authorized body in the field of Intellectual Property shall publish data on pre­
term ammlment of a patent validity in its Official Gazette.". 
21. This Law shall be added with Article 30-1 in the following edition: 
"Article 30-1. Restoration of a patent validity. Right of after-use 
Validity of a patent for selective achievement, which was discontinued due to failure 
to pay prolongation fee at established time, may be restored by solicitation of a person 
which was a patent owner. This solicitation shall be filed with the Authorized State 
body in the field of Intellectual Property within three years for varieties of plants; and 
within five years since the date of termination of the term of payment of appropriate 
patent fee, but prior to termination of the patent validity established pursuant to this 
Law -for grape varieties, arboreal decorative, fruit crops and forest varieties, 
including their stocks as well as animal breeds. A solicitation shall be supported by 
the document, which confirms that appropriate fee is paid for restoration of a patent 
validity. 
The Authorized State body in the field of Intellectual Property shall publish data on 
the restoration of a patent validity in its Official Gazette. 
Any person, who within the period between the date of termination of a patent 
validity and date of publication in the Official Gazette of the Authorized State body in 
the field of Intellectual Property of data regarding restoration of a patent validity has 
started to use a unpatented selective achievement in the territory of the Kyrgyz 
Republic or has made any necessary preparation in order to do so, shall be entitled to 
keep further free using thereof without expanding of such using (right of after-use). 
The right of after-use may be transferred to another natural person or legal entity only 
together with production, where use of such selective achievement or any necessary 
preparations in order to do so took place. 
Rights specified in the paragraphs 3 and 4 of this Article shall not include the right to 
issue a license to any person for performance of abovementioned action.". IP/N/1/K.GZ/C/6/Add.l 
IP/N/l/K.GZ/P/2/ Add.2 
IP /N/1/K.GZ/P /3/ Add. I 
22. Article 31 shall be in the following edition: 
"Article 31 Appealing Against the Decisions of the Board of Appeals of the 
Authorized State body in the field of Intellectual Property Page 11 
The decision of the Board of Appeals to grant a patent or to refuse to grant a patent, to 
consider the patent invalid may be appealed in court within six months since the date 
of receipt thereof by the applicant" 
23. Paragraph 5 of Article 32 shall be in the following edition: 
"A licensing agreement as well as an agreement of patent concession shall be 
registered in the Authorized State body in the field of IntellectuaJ.. Property, without 
such registration it shall be deemed invalid. Data about registration shall be published 
in the Official Gazette. Appropriate fee shall be paid for the registration of a licensing 
agreement as well as for the registration of an agreement of patent concession" 
24. In Article 34: 
Paragraph 1 shall be in the following edition: 
"In the event of failure to use a selective achievement, which is vital for the country's 
agriculture or failure to provide market with sufficient number of seeds 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 with an interested person, the latter shall have the right to apply to court 
soliciting a compulsory license to use the indicated selective achievement."; 
The Article shall be added with paragraph 2 in the following edition: 
"In case of force-majeure (disasters, catastrophes etc.) the Government of the Kyrgyz 
Republic shall be entitled to permit using a selective achievement without consent of 
a patent owner by notifying him/her in the shortest time and paying reasonable 
compensation; volume and duration of such use of a patented selective achievement 
shall be limited by purposes for which permitted. Disputes arising from such use shall 
be regulated by Court."; 
Paragraph 5 of Paii 5 shall be deleted; 
Paragraph 7 shall be deleted; 
Paragraphs 2 to 6 shall be considered as paragraphs 3 to 7 respectively. 
25. Paragraph lof Article 35 shall be in the following edition: 
"An applicant shall be entitled to file an application for protection of a selective 
achievement to the competent authorities of another country, by notifying the 
Authorized State body in the field of Intellectual Property." 
26. Article 3 8 shall be in the following edition: 
"Article 38. Control Over Import and Export of Selective achievements IP /N/1/KGZ/C/6/ Add.1 
IP/N/l/KGZ/P/2/ Add.2 
IP/N/l/KGZ/P/3/ Add. I 
Page 12 
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 legislation of the Kyrgyz Republic." 
27. In Article 39: 
Paragraph 4 shall be deleted; 
Paragraphs 5 and 6 shall be considered as paragraphs 4 and 5 respectively. 
28. The Law shall be added with Article 40 in the following edition: 
"Article 40. Transitional Provisions 
Patents of the Kyrgyz Republic for selective achievements granted prior to entering 
into effect of the present Law shall keep the validity periods specified therein. 
Applications for granting a patent for selective achievement filed prior to entering into 
effect of the present Law, which received positive decisions shall be granted by 
patents of the Kyrgyz Republic for selective achievements with the following validity 
periods: 30 years since the date of registration of the claimed selective achievement in 
the State Register of Protected Selective Achievements -for plant varieties; and 35 
years -for grape varieties, arboreal decorative, fruit crops and forest varieties, 
including their stocks as well as animal breeds. 
Further consideration of applications for granting a patent for selective achievement 
filed prior to entering into effect of the present Law, which did not received any 
decisions shall be carried out pursuant to this Law."; 
Article 40shall be considered as Article 41 respectively. 
Article 3. 
The Law of the Kyrgyz Republic "On patent attorneys" (Bulletin of J ogorku Kenesh 
(Parliament) of the Kyrgyz Republic, 2001 No.I, Article 10) shall be added with the 
following alterations and additions: 
1. In the entire text of the Law the word "Kyrgyzpatent" in different forms shall 
be replaced by the words: "the Authorized State body in the field of 
Intellectual Property" in appropriate forms. 
2. Article 2 shall be in the following edition: 
"Article 2. The Authorized State Body in the field of Intellectual Property 
In order to regulate professional activities of patent attorneys the Authorized State 
Body in the field of Intellectual Property shall execute the attestation of candidates for 
Patent Attorneys, re-attestation and registration of Patent Attorneys. Commissions of 
attestation and appellation shall be set up to this effect. 
The Attestation Commission shall approve the order of examination, examination 
tests, shall determine the board of examiners, shall decide whether or not the IP/N/l/KGZ/C/6/ Add. l 
IP /N/1/KGZ/P /2/ Add.2 
IP/N/l/KGZ/P/3/ Add. l 
Page 13 
candidate can be admitted to the attestation examination, shall make decisions about 
attestation, limited activity attestation or non attestation under Article 7 of this Law. 
The Appellation Commission shall consider complaints of applicants against 
Attestation Commission decisions, as well as complaints of clients against 
unprofessional activity of patent attorneys.". 
3. In Article 5: 
Paragraph 1 of part 1 after the word "attested" the word "re-attested" shall be added. 
Part 1 shall be added with paragraph 5 in the following edition: 
"5) having knowledge of the State language in the scope, which is necessary for 
performance of their duties.". 
4. In A1iicle 7 ~ 
In paragraphs 5 and 6 the words: "corresponding fee payment" shall be replaced by 
the words "payment of the fee"; 
The Atiicle shall be added with paragraph 7 in the following edition: 
"Re-attestation of patent attorneys shall be carried out by the Authorized State body in 
the field of Intellectual Property not less than once a five years in the same order as 
during attestation.";_ 
Paragraph 7 shall be co_nsidered as paragraph 8 respectively. 
5. In Article 8: 
Paragraph 1 shall be in the following edition: 
"Persons who have passed the examination successfully shall be registered in the 
Register by the Authorized State body in the field of Intellectual Property within the 
period of one month from the application date and after payment of corresponding 
fee."; 
In paragraph 3 the words "payment of corresponding fee" shall be replaced by the 
words "payment of the fee" 
6. In Article 10: 
Paragraph 3 of part 1 after the words: "loss of the Kyrgyz Republic's nationality" 
shall be added with the words "including the change of domicile (i.e., staying abroad 
during the period more than one year)"; 
Paragraph 6 of part 1 shall be added with the words: "systematic and gross violation 
of legislation of the Kyrgyz Republic and professional ethics"; 
The Article shall be added with paragraph 4 in the following edition: 
"In case of elimination of a patent attorney from the Register based on his/her 
application or in case of change of his/her domicile, specified in paragraph 3 of part 1 
of this Article, a registration may be made without any re-attestation within five-year 
starting from the date of his/her last attestation."; IP/N/l/KGZ/C/6/ Add. I 
IP /N/l/KGZ/P/2/ Add.2 
IP /N/1/KGZ/P/3/ Add. I 
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Paragraphs 4 and 5 shall be considered as paragraphs 5 and 6 respectively. 
7. Article 15 shall be in the following edition: 
"A11icle 15. Fees 
Appropriate fee provided by this Law shall be paid for legal actions related to 
attestation, re-attestation and of patent attorneys. 
The amount and terms of the fee shall be established by the Government of the 
Kyrgyz Republic. 
All means entered the account of the Authorized State body in the field of Intellectual 
Property in the form of fees, including currency ones, shall be used by the Authorized 
State body in the field of Intellectual Property for technical equipping, creation and 
exploitation of automated system, complexion of patent information's ftmd as well as 
personnel training." 
Article 4. 
The Government of the Kyrgyz Republic shall amend its normative legal acts 
pursuant to this Law. 
Prior to amending the legislation of the Kyrgyz Republic pursuant to this Law, 
normative legal acts of the Kyrgyz Republic shall be applied to the extent, which does 
not contradict to this Law. 
Article 5. 
This Law shall enter into effect from the date of publication thereof. 
This Law shall be applied to legal relationships, which arise from the date of entering · 
into effect. 
Acting President of the Kyrgyz Republic 
K.Bakiev 
Adopted by the Legislative Assembly of Jogorku Kenesh on January 20, 2005