RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/KGZ/1
IP/Q2/KGZ/1IP/Q3/KGZ/1
IP/Q4/KGZ/1
28 February 2000
(00-0725)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
KYRGYZ REPUBLIC1
The present document reproduces the introductory statement made by the Permanent Mission
of the Republic of the Kyrgyz Republic, the questions put to it and the responses given in the review
of its legislation at the Council's meeting of 20-21 October 1999.2
_______________
I. INRODUCTION
First of all the delegation of the Kyrgyz Repub lic would like to inform the Council for TRIPS
that the three delegations:  the United States, Japan and EC had presented the questions for theKyrgyz Republic on National implementing legislation of the TRIPS Agreement.  The responses of
the Kyrgyz Republic are provided in the documents:  IP/C/W/153 to the United States and the
document IP/C/W/160 to Japan.
Unfortunately the Kyrgyz Republic didn't have enough time to reply to the EC questions
presented to the Mission of the Kyrgyz Republic on 12 October 1999.  We hope to present the
responses to EC questions in the middle of November 1999.
The Kyrgyz Republic in the course of negotiati ons with the WTO a regulatory base of the
Legislation on intellectual property was developed with participation of the State Agency for
Intellectual Property under the Government of the Kyrgyz Republic (herein after reefed to as
Kyrgyzpatent).  The following Laws constitute the legislation in intellectual property area:
• Civil Code of the Kyrgyz Republic (Articles 23, 32, 34, 1037 – 1117);
• Patent Law on the Kyrgyz Republic;
• Law of the Kyrgyz Republic On Trade Marks, Service Marks and Appellation of
Origin of Goods;
• Law of the Kyrgyz Republic On Copyright and Neighbouring Rights;
                                                     
1 As regards laws and regulations relevant to the area under review and notified by the Kyrgyz
Republic under Article 63.2 of the Agreement, reference is made to documents IP/N/1/KGZ/1,IP/N/1/KGZ/1/Add.1, IP/N/1/KGZ/C/1, IP/N/1/KGZ/C/2, IP/N/1/KGZ/C/3, IP/N/1/KGZ/I/1, IP/N/1/KGZ/I/2,
IP/N/1/KGZ/L/1, IP/N/1/KGZ/P/1, IP/N/1/KGZ/P/2 and IP/N/1/KGZ/U/1.
2 The minutes of this meeting have been circulated as document IP/C/M/25.IP/Q/KGZ/1, IP/Q2/KGZ/1
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 2
• Law of the Kyrgyz Republic On Legal Protection of Software and Data Base;
• Law of the Kyrgyz Republic On Legal Protection of Topographies of Integrated
Circuits;
• Law of the Kyrgyz Republic On Legal Protection of Breeding Achievements;
• Law of the Kyrgyz Republic On Commercial Secrets;
• Law of the Kyrgyz Republic On Restrictions of Monopolistic Activity, Development
and Protection of Competition.
The Criminal Code of the Kyrgyz Republic and Code on Administrative Liability stipulate for
the relevant criminal and administrative liability for infringements of intellectual property rights.
The Customs Code of the Kyrgyz Republic c ontains provisions on customs procedure with
regard to objects of intellectual property.  Besides, the legislation includes provisions on judicial
procedures and remedies to enforce efficient protection of intellectual property rights.  Moreover,
according to the laws above and in order to impl ement provisions of the laws, several regulations
were adopted (Regulation on Fees for Patenting Inventions;  Regulation on Terms and Procedure of
granting Compulsory License, and etc.)
Provisions of the regulations enumerated above provide for legal protection of objects of
intellectual property and fully comply w ith requirements of the TRIPS Agreement.
After accession of the Kyrgyz Republic to the WTO, Kyrgyzpatent conducts activities related
to implementation of the TRIPS Agreement provisions, which stipulate notification requirements.  In
particular, the following notifications have been prepared:
Regarding Article 63.2 (notification of laws and regulations);
Regarding Article 1.3 and 3.1 (notification on national treatment);Regarding Article 4(d) (notification on MFN treatment);
Regarding Article 69 (notification of contact points).
In order to implement the existing provisions of the legislation, Resolution #391 of the
Government of the Kyrgyz Republic of 13 July 1999 provides for creation of IntergovernmentalCommittee of Kyrgyzpatent.  The given Committee sh all be responsible for coordination of work of
state bodies related to implementation of intellectual property rights.  The Intergovernmental
Committee consists of the representatives of ministries, state committees, administrative agencies,
including law enforcement bodies, court bodies and local self-administrations.  The tasks of the
Committee include but not limited to elaboration of interaction tools between the state bodies andlocal self-administration bodies in preventing infr ingements in the area of protection of intellectual
property.IP/Q/KGZ/1, IP/Q2/KGZ/1,
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 3
II. QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND THEIR
MEMBER STATES3
1. Please explain the relationship between th e provisions of the Civil Code, Part 2, of
5 January 1997 and the provisions of the other main laws and regulations listed in Annex 1 of
document IP/N/1/KGZ/1.
Article 2 of the Civil Code of the Kyrgyz Republic (hereinafter referred to as the Civil Code)
sets forth that civil legislation consists of the Civil Code, other laws and accordingly adopted
normative acts of the President and Government of the Kyrgyz Republic, which include legislation on
copyright and neighbouring rights.
The Civil Code contains basic provisions for acts of civil legislation and other legal acts.If provisions of the civil law contained in the laws and other normative acts contradict to the
provisions of the Civil Code, provisions of the latter shall prevail.
2. Please explain in detail how and through which provisions the Kyrgyz Republic accords
to the nationals of other WTO Members treatment no  less favourable than that which it accords
to its own nationals in compliance with Arti cle 3 of the TRIPS Agreement in respect of
protection of works, producers of phonograms, performers and broadcasting organizations.Apart from the TRIPS Agreement, to what othe r 'international agreements' do Articles 5,
paragraph 1, third indent, and 34, paragraph 4, of the Law on Copyright and Neighbouring
Rights refer?
The legislation of the Kyrgyz Republic provid es for neither any exemption with regard to
protection of copyright and neighbouring rights of WTO Member states, nor advantages, benefits or
immunities, granted to the citizens of any other state.
Article 2 of the Law of the Kyrgyz Re public On Copyright and Neighbouring Rights
(hereinafter referred to as the "Law On Copyright") provides for priority of international treaties over
the national legislation.  This provision is also stipulated in other articles of the Law On Copyright.
According to Article 5.1 of the Law On Copyrigh t, the copyright extends to the works, either
disclosed or undisclosed, existing in an objective form outside the territory of the Kyrgyz Republic,
recognized under international treaties to which the Kyrgyz Republic is a signatory, to belong to
authors (and their successors in tile), who are nationals of other states.
Also, in accordance with Article 34.4 of the Law On Copyright, the rights of foreign
performers, producers of phonograms, performance and broadcasting organizations shall be
recognized on the territory of the Kyrgyz Republic  according to the international treaties of the
Kyrgyz Republic.
Therefore, legal protection of works, performances, phonograms and performance and
broadcasting organizations, provided by the national legislation shall cover objects of copyright and
neighbouring rights of all WTO Member states.
Reference to "international treaties" is made, primarily, with respect to the international
treaties in the area of copyright and neighbouring ri ghts, to which the Kyrgyz Republic is a signatory.
                                                     
3 Document IP/C/W/158.IP/Q/KGZ/1, IP/Q2/KGZ/1
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 4
The Berne Convention For the Protection of Literary and Artistic Works may be an example of the
reference above.
3. Please explain in detail how and through which provisions the Kyrgyz Republic restores
the protection for works, performers and producers of phonograms which, in their country of
origin, have not yet fallen into public domain in accordance with Articles 9, paragraph 1, and
14, paragraph 6, of the TRIPS Agreement in conjunction with Article 18 of the Berne
Convention.
The Law On Copyright sets forth a 50-year term of protection of works after the death of the
author.
Pursuant to Article 18 of the Berne Convention this term shall extend to works of the
nationals of the Berne Members, which did not fall into public domain yet, i.e.  term of protection of
which is still in force in the country of origin.  Protection of these works on the territory of the Kyrgyz
Republic shall be provided during the remaining term of protection.
These provisions shall cover objects of neighbouring rights.
Therefore, the Kyrgyz Republic fulfills its obligations under Articles 9.1 and 14.6 if the
TRIPS Agreement on restoration of copyright of works, which earlier fell in into public domain in the
territory of the Kyrgyz Republic.
4. Please explain in detail how and through which provisions the Kyrgyz Republic
provides for the protection of compilations of da ta as intellectual creations in accordance with
Articles 9, paragraph 1, and 10, paragraph 2, of the TRIPS Agreement.
According to the Law on Legal Protection of Software and Databases, the data base means an
objective form of presenting and arrangement of aggregation of data, systematized in such a way that
these data could be found and processed with the help of a computer.
Pursuant to Articles 2 and 3 of the Law above the data base shall be provided with legal
protection as to compilations, i.e., the data base shall be granted the same volume of protection as it is
stipulated for composite works.  The database must be the result of creative labor on collection andarrangement of data.  The database shall be protected irrespective of whether the data on which they
are based or which they include are the objects of copyright.
Therefore, provisions of the Law on Legal Protection of Software and Databases contain
requirements of Article 10.2 of the TRIPS Agreement.
5. Please clarify how Article 34, paragraph 2, sub-paragraph 2 of the Law on Copyright
and Neighbouring Rights, which provides that the rights of phonogram producers shall be
protected under this law only if they are published in the Kyrgyz Republic within 30 days from
their first publication abroad, complies with Article 14, paragraph 2, of the TRIPS Agreement.
The meaning of sub-paragraph 2, paragraph 2, Article 34 of the Law of the Kyrgyz Republic
On Copyright and Neighbouring Rights is that the phonogram, published first outside the territory of
the Kyrgyz Republic, shall be published in Kyrgyzstan within 30 days of its first publication, and the
fact of its first publication abroad shall not be taken into account.  The phonogram shall be grantedprotection in Kyrgyzstan on the basis of the first place of publication criterion.  (Please see answer to
question 3).IP/Q/KGZ/1, IP/Q2/KGZ/1,
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 5
This provision shall extend to phonograms of producers-nationals of States with which the
Kyrgyz Republic did not conclude international treaty.
6. Please explain in detail how and through which provisions the Kyrgyz Republic
provides rental rights for authors in respect of computer programmes and cinematographic
works and for producers of phonograms and any ot her right holder in accordance with Articles
11 and 14, paragraph 4, of the TRIPS Agreement.
Sub-paragraph 2, paragraph 3, Article 16 of the Law on Copyright provides for a special
right, meaning that the right to distribute copies of  a work by means of rental an audio-visual work,
computer software, database, work fixed in a phonogram, and musical notation shall belong to theauthor irrespective of the property right to such copies.
Sub-paragraph 2, paragraph 3, Article 16 of the Law on Copyright sets forth an analogous
right of a producer of phonograms in respect to the rental of copies of phonograms, provided by sub-
paragraph 2, paragraph 3, Article 16 of the given Law.
7. Please confirm that in accordance with Part  III of the TRIPS Agreement all appropriate
measures in respect of intellectual property righ ts, including copyright protection, will be fully
enforced.
Ensuring protection of intellectual property rights
The Kyrgyz Republic’s legislation stipulates for procedures on ensuring protection of rights,
as well as judicial remedies, which play a deterrent role with respect to further violations.
Civil and legal, administrative measures and remedies
The right holders shall be given a possibility to file civil complaints in the courts.  Means of
identification and protection of confidential information shall be stipulated within the course of the
litigation.  Court bodies shall have the right to require submission of evidence to the court and to the
other party.
Court bodies shall also have the right to order the party to refrain from infringement (for
instance, imposition of seizure of counterfeit products).  For illegal use of the object of intellectual
property the legislation provides for payment of compensation, including the relevant fee to the
lawyer.
The court shall have the right to withdraw counterfeit goods from the market and destroy
materials and equipment, which were used for their production.  Besides, the defendant shall have the
right to get the corresponding compensation for damages and expenses if the measures on enforcing
the right were not properly applied.
The Code on Administrative Liability of the Kyrgyz Republic stipulates liability for
infringing the intellectual property rights.
Temporary measures
The court bodies shall have the right to order immediate and efficient measures directed at
preventing infringement of any intellectual rights, in particular, preventing the counterfeit goods from
entering the market.IP/Q/KGZ/1, IP/Q2/KGZ/1
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 6
Border measures
The Customs Code of the Kyrgyz Republic provides provisions on customs regime with
regard to the objects of intellectual property (Articles 28-31).  Provisions of the given Code stipulatefor the following border measures:
Application to the customs bodies to suspend release of the goods, requirement of security
and equal warranty, notification of the importer and applicant, duration of the suspension,
indemnification tot he importer and owner of the goods , right of the right holder to inspect goods and
information related to importers and quantity of the goods, seizure or forfeiture of counterfeit goods.
Criminal and legal measures
The Criminal Code (Articles 150, 191) provides criminal liability for infringement of the
rights to the objects of intellectual property.  Depending on the severity of the committed violation
sanctions in the form of imprisonment and/or fines shall be imposed.
8. Article 2 of the Law of the Kyrgyz Republic on Trademarks, Service Marks and
Appellations of Places of Origin excludes sound and olfactory marks from trademark
protection.  Would the Kyrgyz Republic consider allowing such marks to be protected in line
with the Community Trademark Regulation?
Article 2 of the Law of the Kyrgyz Republic on Trademarks, Service Marks and Appellation
of Places of Origin (hereinafter referred to as the Law on Trademarks) shall not permit registration of
sound and olfactory marks as trade marks, i.e.  the Law stipulates that designations filed as trade
marks should be visually perceived.  The given requirement corresponds to Article 15.1 of the TRIPSAgreement.
As the legislation of the Kyrgyz Republic does not permit registration of visually
indistinguishable designations as trademarks, application of the Community Trademarks Regulation is
not possible.
Moreover, this Regulation is not a part of legislation of the Kyrgyz Republic, as the status of
the Regulation does not correspond to the one of international treaties within the context of Article 43
of the Law On Trademarks.
9. Article 7 of the Law of the Kyrgyz Republic on Trademarks, Service Marks and
Appellations of Places of Origin appears to afford priority rights only to those countries that are
party to the Paris Convention for the Protection of Industrial Property.  Could the Kyrgyz
Republic confirm that such protection will be afforded to all WTO Members ?
The conventional priority of trademarks may be established from the date of filing the first
application in the state-member of Paris Convention for the Protection of Industrial Property,provided application filed to Kyrgyzpatent during 6-month period from the date of application.  This
right shall be granted to the applicant of the WTO Members, who are signatories to Paris Convention.
10. Please clarify how Article 42 of the Law of the Kyrgyz Republic on Trademarks, Service
Marks and Appellations of Places of Origin applies to foreign natural or legal persons.
Article 42 of the Law on Trademarks defines that foreign legal and natural persons shall enjoy
the rights stipulated by the given Law on the same footing as legal and natural persons of the Kyrgyz
Republic do.IP/Q/KGZ/1, IP/Q2/KGZ/1,
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 7
Therefore, the given Article reinstates national treatments, stipulated in paragraph 1, Article 3
of the TRIPS Agreement.
11. Please clarify how Article 36 of the Law of the Kyrgyz Republic on Trademarks, Service
Marks and Appellations of Places of Origin co mplies with Article 23.1 of the TRIPS Agreement.
In accordance with Article 36 of the Law on Trademarks infringement of the right means
prohibition to use registered appellation of place of origin of the good by persons, who does not have
certificate, as well as prohibition to use similar appellation for identical goods which can mislead
consumers with respect to the place of origin and special properties of the good.
The prohibition above shall be valid if under such use the place of origin of the good is
indicated or the appellation used is a translation or it is used in combination with such words as
"kind", "type", "imitation", and etc.
The given provision shall apply not only for appellation of places of origin of wines and
strong alcoholic drinks, but also for other appellations of places of origin of goods.
12. Please clarify if Article 5(3)(1) of the Law of the Kyrgyz Republic on Trademarks,
Service Marks and Appellations of Places of Origin is a ground for ex officio  refusal by the
Kyrgyzpatent in the sense of Article 23.2 of the TRIPS Agreement.
The Law on Trademarks provides for grounds for refusal in registration of trademarks, which
contain or consist of designations of places of origin of the goods, namely:
− Sub-paragraph 6, paragraph 1, Article 4 of the Law does not permit registration of
trademarks, consisting only of designations indicating their place if manufacturing or sale.  Inparticular, this includes designations, partly or fully consisting of geographical names, which
may be perceived as indications of the location of the goods' producer.
− Sub-paragraph 2, paragraph 2, Article 5 of the Law does not permit registration of
designations reproducing appellations of places of origin of goods as trademarks.  These
designations include appellations of origin of goods protected in accordance with the Law of
the Kyrgyz Republic, except for cases when they are included as unprotected elements into
the trademarks, registered on the name of the person who has the right to use such a
designation.
Therefore, the Law on Trademarks pays special attention to the designations above, among
which are trademarks for wine and alcoholic drinks, containing or consisting of geographicalindications.IP/Q/KGZ/1, IP/Q2/KGZ/1
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 8
III. REPLIES FROM KYRGYZ REPUBLIC TO QUESTIONS POSED BY JAPAN4
A. LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS5
LAW ON LEGAL PROTECTION OF COMPUTER PROGRAMS AND DATABASES6
1. Please explain how protection is provided for works, phonograms, performances and
broadcasts of other WTO Members under the Law on Copyright and Neighbouring Rights of
the Kyrgyz Republic (hereinafter referred to as the "Copyright and Neighbouring Rights
Law").
Please also describe the provisions of the Copyright and Neighbouring Rights Law
which provide for national treatment and mo st-favoured-nation treatment as required by
Articles 3 and 4 of the TRIPS Agreement and by Article 9.1 of the TRIPS Agreement, whichincorporates Article 5(1) of the Berne Convention.
Article 2 of the Law on Copyright and Neighbouring Rights establishes priority of
international legislation over the national one.
In accordance with Article 5.1 of the Law on Copyright and Neighbouring Rights, copyright
shall extend to works, both disclosed or undisclosed, located in some objective form outside of the
Kyrgyz Republic and recognized as belonging to authors (their legal successors) - nationals of other
countries with regard to the international treaties.
Also according to the Article 34.4 of the Law on Copyright and Neighbouring Rights, rights
of foreign performers, producers of phonograms, cable and air broadcasting organisations are
recognized within the territory of the Kyrgyz Republic pursuant to the international treaties.
Legislation of the Kyrgyz Republic does not contain any exceptions related to the protection
of copyright and neighbouring rights of Member countries of WTO and any advantages, privileges,
benefits or immunities, provided for nationals of any other country.
Thus, the legal protection of works, performances, phonograms and broadcasting
organisations provided by the national legislation extends to the subject matter of copyright and
neighbouring rights of all WTO Members.
2. Please explain exceptions to or exemptions from national treatment and most-favoured-
nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Legislation of the Kyrgyz Republic does not contain any exceptions, stipulated by Articles 3
and 4 of the TRIPS Agreement as to providing national treatment or most-favoured-nation treatment.
                                                     
4 Document IP/C/W/152.
5 Document IP/N/1/KGZ/C/2.
6 Document IP/N/1/KGZ/C/3.IP/Q/KGZ/1, IP/Q2/KGZ/1,
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 9
3. With regard to the provisions of protection of "computer programs" under the
Copyright and Neighbouring Rights Law and the Law on Legal Protection of Software and
Databases of the Kyrgyz Republic (hereinafter refered to as "the Software and DatabasesLaw"), please explain whether such protection covers computer programs in both source code
and object code, as required by Article 10.1 of the TRIPS Agreement.
Are those computer programs protected as literary works, which is stipulated by
Article 2(1) of the Berne Convention (1971)?
Paragraph 4 of  Article 3 of the Law of the Kyrgyz Republic on Legal Protection of Computer
Programs and Databases provides that legal protection shall extend to all types of computer programs
(including operational systems and software complexes), which may be expressed in any language
and in any form including original texts and object codes.
Article 2 of the Law of the Kyrgyz Republic on Legal Protection of Computer Programs and
Databases provides legal protection for computer programs as literary works.
Therefore, legal protection of computer programs is provided in the same volume as it is
stipulated for the literary works.
4. Please explain whether "database" under Article 4 of the Copyright and Neighbouring
Rights Law and under Article 1 of the Softwa re and Databases Law include compilations of
data in machine-readable form.  And please explain how those Laws comply with Article 10.2 of
the TRIPS Agreement in this respect.
Under the Law on Legal Protection of Computer  Programs and Databases, a database is an
objective form of presenting and arrangement of aggregation of data, systematized in such a way that
these data could be found and processed with the help of computer.
With regard to Articles 2 and 3 of the Law on Legal Protection of Computer Programs and
Databases, databases shall be legally protected as compilations, regardless of whether the data on
which they are based or which they include, is the subject matter of copyright.
Therefore, provisions of the Law on Legal Protection of Computer Programs and Databases
contain all requirements of Article 10.2 of the TRIPS Agreement.
IV. REPLIES FROM THE KYRGYZ REPUBLIC TO QUESTIONS POSED BY THE
UNITED STATES
7
1. With respect to each form of intellectual property right covered by Part II of the TRIPSAgreement and with respect to enforcement, pl ease describe the manner in which the Kyrgyz
Republic has assured that nationals of other WTO Members receive treatment no less
favourable than Kyrgyz nationals with regard to  matters affecting the availability, acquisition,
scope, maintenance and enforcement of such rights.
The Kyrgyz Republic provides no less favourable regime to nationals of other WTO Members
than the one it provides to its own nationals.
                                                     
7 Document IP/C/W/151.IP/Q/KGZ/1, IP/Q2/KGZ/1
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 10
Issues concerning availability, acquisition, scope, maintenance and enforcement of
intellectual property rights are determined by the relevant laws regulating copyright and neighbouring
rights, trademarks, geographical indications, industrial designs, patents, topographies of integrated
circuits and commercial secrets.  The given laws do not contain discriminating provisions for foreignnationals of WTO Member countries.
Standards in relation to availability, scope and use of intellectual property rights reflected in
the TRIPS Agreement can be presented in the following way.
Copyright and neighbouring rights
Legal protection covers the form of expression but not the ideas, procedures, methods of
exploitation or mathematical concepts per se .  Computer software and databases are objects of
copyright and that is why the same protection is provided to them as well as to other objects of
copyright.  The Law of the Kyrgyz Republic "O n Copyright and Neighbouring Rights" (hereinafter
referred to as the "Law on Copyright") provides authors not only protection of exclusive proprietaryrights, but also protection of non-proprietary rights.  The main proprietary rights of authors are the
rights to reproduction and to distribution, including the right to rental.  Authors of computer software,
audio-visual works and phonogram producers have the right to permit or prohibit rental of their
objects on a commercial basis.
The Law on Copyright establishes deprivation and limitations of authors' rights under the
condition that this does not damage legal interests of authors and does not cause unjustified damage to
normal use of works.
The standard in relation to protection time-period is met.  The minimum term of copyright,
established by the law, is 50 years after the author's death.
In relation to performers the Law on Copyright stipulates protection from non-authorized
recording, making copies and reproduction of their concert performances for the period of 50 years.
Producers of phonograms have the right to prevent making copies of their recordings within 50 years.
Trademarks and geographical indications
The Law of the Kyrgyz Republic "On Trademarks, Service Marks and Appellations of Places
of Origin" (hereafter – the "Law on Trademarks") regulates relations connected with trademarks,
service marks and appellations of the places of origin, called in the TRIPS Agreement geographical
indications.
The minimum mandatory conditions, which mean availability of the registered trademark,
prevent any other person, who is not the owner of the registered trademark, from the use of identical
or similar trademarks labelled on the identical and similar goods in comparison with those ones,
which the owner of a trademark has registered in cases when such a use will, probably, result inconfusion.
The Law on Trademarks regulates the provisions in relation to non-registered well-known
trademarks.  The trademarks that have become well known in the country are protected.
The term of a trademark protection is ten years from the date of filing an application.
Registration of a trademark can be extended an unlimited number of times.
Use of the trademark is a requirement for ma intaining/keeping the registration in force.IP/Q/KGZ/1, IP/Q2/KGZ/1,
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 11
Trademarks consisting of a geographical indication or having it as part of the trademark can
be rejected to register or announced invalid in relation to the goods, which are not originating from
the specified territory, if the use of the indicati on in the trademark in relation to such goods can
confuse the public about the real place of origin.
Industrial designs and patents
Regulation of relations in connection with creation and use of inventions and industrial
designs is carried out by the Patent Law of the Kyrgyz Republic (hereinafter "the Patent Law").
An industrial design is not new or original if it does not differ substantially from the known
samples or combinations of their well-known essential features.
Industrial designs are protected within ten years.  Owners of the protected samples have the
right to permit or prohibit production, selling or import of goods, which are produced with the use orbased on the samples – copies of the protected industrial design.
Patents are issued for any inventions, regardless of whether they are products or a method, in
all spheres of technology under the condition that they possess novelty and contain creativity level
and are applied in industry.  The patent provides to its owner exclusive rights to prevent third partiesfrom carrying out the following actions without his permission:  use, sale, offer to sell and
importation.
The patent validity term is 20 years.
The Patent Law stipulates deprivation of the exclusive rights provided by patent under the
condition that such deprivation does not unreasonably contradict the normal use of a patent and, with
the consideration of legal interests of third parties, does not unjustifiably damage the legal interests of
the patent owner (compulsory licence).  The Regulation on the Conditions and the Procedure of
Issuing Compulsory Licenses (hereinafter "Regul ation on Compulsory Licences") adopted for
implementation of the specified provision by the Government of the Kyrgyz Republic, regulates the
issues of such deprivation in detail.
Topographies of integrated circuits
The Law of the Kyrgyz Republic "On Legal Prot ection of Topography of Integrated Circuits"
provides legal protection to topographies of integrated circuits.  The term of protection is ten years.
Importation, sale or other distribution for commercial purposes of the protected topographies
or goods containing such an integrated circuit without the right holder's permission, are recognized as
illegal actions.  The aforementioned actions are permitted if the person, using topography, pays the
right holder the amount equivalent to a reasonable royalty.
The Regulation on Compulsory Licences permits issuance of a compulsory licence only for
non-commercial use by the state or for correcting the practice which was determined as anti-
competitive as the result of court or administrative proceedings.
Commercial secrets
The legal protection of commercial secrets is provided in compliance with the Law of the
Kyrgyz Republic "On Commercial Secrets".  A commercial secret is confidential information of aIP/Q/KGZ/1, IP/Q2/KGZ/1
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 12
commercial value and is an object of relevant actions,  aimed at protecting its confidentiality on the
part of the person legally controlling this informati on.  Such information is protected against violation
of its confidentiality or other actions, wh ich contradict fair commercial practice.
Enforcement of intellectual property rights
The legislation of the Kyrgyz Republic stipulates procedures on enforcement of intellectual
property rights and remedies, which play a deterrent role with respect to further infringements.
Civil and administrative measures and remedies:  Right holders are provided with a
possibility to bring civil cases in courts.  Means of identification and protection of the informationconfidentiality during the litigation are stipulated.  The court bodies have the right to order submission
of evidence to the court or to the other party.
The court bodies have the right to order the party to refrain from committing infringements
(for example, by seizure of counterfeit goods).  The legislation stipulates payment of compensationfor illegal use of objects of intellectual property, which includes the corresponding attorney's fee.
The Court has the right to seize from the tr ade network counterfeit goods and to destroy
materials and implements used in the production of the goods.
Besides, the responding party, with respect to which measures of rights enforcement were
unfairly applied, has the right to get relevant compensation for damages and expenses.
The Code on Administrative Liability of the Kyrgyz Republic provides for liability for
infringements of intellectual property rights.
Provisional measures
Judicial authorities have the right to order prompt and effective measures to prevent
infringements of any intellectual property right and, in particular, to prevent the entry of counterfeit
goods to the market.
Border measures
The Customs Code of the Kyrgyz Republic contains provisions on customs regime with
respect to intellectual property objects (Articles 28-31).  The provisions of the Code above provide for
the following border measures:  filing an application with customs bodies for suspension of the goodsrelease, requirement of a security or an equivalent guarantee, notification of the importer and the
applicant, term of suspension, indemnification of the importer and of the owner of the goods, the right
of a right holder to inspection of the goods and to information regarding importers and quantity of the
goods and forfeiture or destruction of counterfeit goods.
Criminal measures
The Criminal Code (Articles 150, 191) provides for criminal liability for the infringement of
the rights to intellectual property objects.  Depending on the severity of the committed infringement
of the law, sanctions in the form of imprisonment and/or fines shall be applied.IP/Q/KGZ/1, IP/Q2/KGZ/1,
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 13
2. Please describe in detail the manner in which the Kyrgyz Republic has implemented its
obligation under Article 18 of the Berne Convention incorporated into the TRIPS Agreement by
Article 9.1, and under Article 14.6 of the TRIPS Agreement, to restore protection for copyrightsand sound recordings that are still under protection in their country of origin and have not had
a full term of protection in the territory of the Kyrgyz Republic.
According to item 1 of Article 5 of the Law of the Kyrgyz Republic On Copyright and
Neighbouring Rights (further referred to as the "Law on Copyright"), copyright covers works,
published or non-published but existing in some objective form outside the Kyrgyz Republic that are
recognized as belonging to the authors (their successors in title) who are nationals of other countries –members of international treaties, to which the Kyrgyz Republic is a signatory.
The Law On Copyright establishes a 50 year term of protection or works after the author's
death.  This period also covers those works of the nationals of Berne Convention Member States
which are not yet in public domain, i.e. the term of protection has not expired in the country of origin.
Protection of these works on the territory of the Ky rgyz Republic is provided within the remaining
term of protection.
These provisions apply to objects of neighbourin g rights.  A 50 year term of protection is
provided to the following objects:
Performances – from the moment of the first performance or play;Producers of phonograms – from the moment of the first publication of a phonogram or from
the moment of its first recording if the phonogram has not been published;
Broadcasting (cable) organizations – from the moment of broadcasting the programme (by
cable).
3. Article 5.1 of the Law on Copyright and Ne ighbouring Rights extends protection to
published and non-published works that exist in some objective form outside the Kyrgyz
Republic that are owned by the authors who are citizens of other countries that are members ofinternational agreements to which the Kyrgyz Republic belongs.  Please describe how copyright
protection is extended to authors who are not nationals of a Berne Union Member but whose
works are first published, or simultaneously published, in a Berne Union Member as required
by Article 3(1) of the Berne Convention, incorp orated into the TRIPS Agreement by Article 9.1
thereof.
The aforementioned Article 5 of the Law on Copyright protects published and non-published
works that exist in some objective form outside the Kyrgyz Republic, which authors (their successors
in title) are nationals of other countries in accord ance with the international treaties to which the
Kyrgyz Republic is a signatory.
Protection is provided according to the following two criteria:  the principle of nationality and
the principle of the place of the first publication.
According to the criterion of the first publication there are works:- first published in the Kyrgyz Republic – they shall always be protected;IP/Q/KGZ/1, IP/Q2/KGZ/1
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 14
- first published in a country which has concluded an international treaty on copyright
with the Kyrgyz Republic – they shall be protected if at the moment of the first
publication thereof the Kyrgyz Republic was a party of the international treaty, to
which this country was a signatory;
- first published in other countries – they shall never be protected.Therefore, works of authors who are not nationals of the Berne Convention Member States,
but first published on the territory of a Berne Convention Member State, are provided with legal
protection within the territory of the Kyrgyz Republic.
4. Article 7.1 of the Law on Copyright and Ne ighbouring Rights provides protection for
computer software for all types of computers including applied programmes and operation
systems.  Are the computer programmes protected "as literary works under the Berne
Convention (1971)" as required by Article 10.1 of the TRIPS Agreement?
According to paragraph 1 of Article 7 of the Law On Copyright, software for all types of
computers, including applied programmes and operation systems, are included in the list of copyright
objects.
Article 2 of the Law of the Kyrgyz Republic On Legal Protection of Software and Database
provides legal protection to software as a literary work.
Therefore, the same protection is provided both to software and literary works.
5. Please describe in detail the manner in which well-known trademarks are protected in
the Kyrgyz Republic.
According to Article 5 of the Law of the Kyr gyz Republic On Trademarks, Marks of Service
and Appellations of Origin, designations which are identical or similar to the extent likely to cause
confusion with trademarks well-known on the territory of the Kyrgyz Republic, cannot be registered
as trademarks.
The well-known criteria for a trademark are established by the Cabinet of Ministers of the
Kyrgyz Republic.
At present, a draft Regulation is being developed.  This Regulation will define the well-
known criteria for a trademark.
6. Please describe in detail the manner in which a patent compulsory licence might be
granted in the Kyrgyz Republic, indicating how each of the circumstances under Article 31 of
the TRIPS Agreement is established.
Rules of granting compulsory licences are provided in the Regulation On Conditions and the
Procedure of Granting Compulsory Licences fo r Objects of Industrial Property and Their Use,
approved by Resolution #862 of the Cabinet of Ministers of the Kyrgyz Republic, of
24 December, 1998.
This Regulation has been fully elaborated on the basis of the TRIPS Agreement requirements
and contains all the circumstances provided by Article 31 of the TRIPS Agreement.IP/Q/KGZ/1, IP/Q2/KGZ/1,
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 15
The use of an industrial property object protected by patent without the patent holder's
permission shall be permitted if one of the following conditions exists:
(a) if the object of industrial property is not or insufficiently used by the patent owner or
by persons (hereinafter referred to as the right holder) who are assigned rights to it
within a three year period from the date of the patent issuance, that causes insufficient
supply of the relevant goods and services at the market of goods and services of the
Kyrgyz Republic;
(b) in cases of emergency (natural disasters, catastrophes, large accidents) or in the
interests of national security;
(c) in case of non-commercial use of such an object by the Kyrgyz Republic;(d) if it is necessary to correct practice which is determined by the court or anti-
monopoly body as anti-competitive (monopolistic).
Any person, willing and ready to use the object of industrial property properly has the right to
take the case to the court appealing to grant him a compulsory licence for using the specified object.
The court shall consider the given appeal according to the procedures established by the
legislation of the Kyrgyz Republic.
The person who filed an appeal shall provide information proving the actual demand for the
relevant goods and services in the Kyrgyz Republic in the result of non-use or insufficient use of the
object of industrial property by the right holder and also evidence that he has taken efforts to concludea licensing agreement with the patent owner on the conditions relevant to the established practice
within a reasonable period of time and that these efforts were unsuccessful.
The given requirements are inapplicable in cases of: emergency (natural disasters,
catastrophes, large accidents) or in the interests of national security, and in case of non-commercial
use of such an object by the Kyrgyz Republic.
In cases of emergency (natural disasters, catastrophes, large accidents) or in the interest of
national security, the right holder is to be notified as soon as practicable about such use.  In cases of
non-commercial use of the object by the Kyrgyz Republic – the right holder is to be immediately
notified.  Besides, the scope and the term of use of a protected object of industrial property are limited
by the objectives for which it is permitted with payment of a relevant compensation to the rightholder.
If the right holder does not prove that non-use or insufficient use of the object of industrial
property is conditioned by good reasons, the court can grant a compulsory license to its use.  When
taking a decision on granting a compulsory license the court shall take the following provisions intoconsideration:
(a) a compulsory licence shall be based on individual qualities of the object of industrial
property;
(b) the scope and the term of such use of a compulsory licence are limited by the aim for
which it is provided;IP/Q/KGZ/1, IP/Q2/KGZ/1
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 16
(c) the amount of payments shall be established not lower than the price of a similar
licence, determined in accordance with the established commercial practice;
(d) a compulsory licence for semi-conductor technology shall be granted exclusively for
non-commercial use by the Kyrgyz Republic or for correcting practice, which is by
the decision of the court or anti-monopoly body determined as anti-competitive;
(e) a compulsory license is a non-exclusive licence and it not subject to reassignment to
another person.  The right to use the specified object of industrial property can be
assigned to another person, to whom the co mpulsory licence is granted, only together
with the relevant enterprise where the given object is used;
(f) a compulsory licence shall be granted only for providing the needs of the Kyrgyz
Republic market.
The patent owner, who cannot use the inventi on without violating the right of the owner of
another patent to an invention or of the certificate for a utility model, who refused to conclude a
licensing agreement on the conditions relevant to the established practice, has the right to appeal to
the court to grant a compulsory licence to use the in vention or the utility model on the territory of the
Kyrgyz Republic under the condition that his invention is an important technical achievement of
economic significance in relation to the invention or utility model, protecting documents of which,belong to another person.
When the specified licence is being granted, the court shall establish restrictions to the use of
the invention or the utility model, the protecting documents of which belong to another person, in the
amount necessary for using the invention patented by a person, who demands granting a compulsorylicence.  Amount, terms and procedures for payment shall be established by the court,  The amount of
payments shall not be lower than the licence price, determined by the established practice.
Such a licence is not subject to reassignment.  The right to use the invention or the utility
model obtained on the given basis, can be assigned only on assignment of the patent to an invention in
connection with which this right is granted.
The court, when taking a decision on granting a compulsory licence for correcting the practice
which is by the decision of the court or other authorized body recognized as anti-competitive, have the
right not to apply the following conditions:
- conditions, which prior to the use of the object, require the person applying for the
compulsory licence to take efforts to conclude a licensing agreement with the patent
owner on the conditions relevant to the established commercial practice within the
reasonable period of time, and these efforts are unsuccessful;
- conditions, which require granting the compulsory licence only for meeting the needs
of the domestic market of the Kyrgyz Republic.
The necessity to correct anti-competitive practi ce may be taken into consideration in case of
determination of the amount of compensation.  The court has the right to refuse to cancel the
permission if there is probability that the conditions which brought to such a permission, can appearagain.
The decision on granting a compulsory licence can be reconsidered in cases of full
observance of the legal interests of persons, who ob tained a compulsory licence if the circumstancesIP/Q/KGZ/1, IP/Q2/KGZ/1,
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 17
which brought to it do not exist any longer and there is little probability that they will appear again.
The court has the right to consider the issue on whet her those circumstances continue to exist if there
is a motivated appeal.
7. Article 39.3 of the TRIPS Agreement requires that WTO Members protect data
submitted to obtain marketing approval for agricultural chemicals and pharmaceutical
products against unfair commercial use and against disclosure.  Please explain in detail the
manner in which the Kyrgyz Republic provides such protection.
In accordance with the Law of the Kyrgyz Republic On Commercial Secrets (hereinafter
referred to as the Law) any information related to manufacturing, technological, managerial, financialand other activity of the economic entity, constituting commercial secret shall be protected.
Only data constituting commercial secret shall be protected.  Such information must meet the
following requirements:
(1) to be of actual or potential value to an economic entity;
(2) not to be publicly known or publicly accessible pursuant to the legislation;(3) to be appropriately labelled in accordance with the measures designed and undertaken
by an economic entity to protect confidentiality through a system of classification of
the aforementioned information, through the development of internal restricted usage
rules, introduction of an appropriate marking of documents and other data carriers,
the streamlining of a data usage, storage and entry process.
Data submitted to obtain marketing approval for agricultural chemicals and pharmaceutical
products which meet the requirements enumerated above shall be protected against unfair commercial
use and against disclosure.
It should be noted that controlling and law enforcement bodies have access to commercial
secrets as they have the right to get familiarised with the information constituting a commercial secret.
However, officials of these bodies shall be liable for disclosure of the data.
Infringement of the legislation on commercial secrets shall entail civil, criminal and
administrative liability.
8. Article 41.3 of the TRIPS Agreement requires that decisions on the merits of a case
preferably be in writing the better to determin e the reasoning on which the decision is based.
Please state, in regard to each court or admini strative body with jurisdiction over intellectual
property disputes, whether judges or administrative officials must render their decisions in
writing and cite the legal authorities requiring such written opinion.
Bodies with jurisdiction over intellectual property disputes are courts of general jurisdiction,
arbitration courts.  Decisions of the courts of the Kyrgyz Republic are to be in writing, which is
stipulated for in Article 197 of the Civil Procedur al Code of the Kyrgyz Republic, Article 115 of the
Arbitration Procedural Code of the Kyrgyz Republic, Article 317 of the Criminal Procedural Code of
the Kyrgyz Republic, Article 588 of the Code on Administrative Liability of the Kyrgyz Republic.
The above court of general jurisdiction or arbitration court may demand the decision of the
court in case the decision is appealed.IP/Q/KGZ/1, IP/Q2/KGZ/1
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 18
9. Under Article 42, parties are to be entitled  to substantiate their claims and present
relevant evidence.  Please describe any limitations under the law of the Kyrgyz Republic on a
party's ability to substantiate a claim or present relevant evidence and cite the legal authority
providing such limitation.
Article 51 of the Civil Procedural Code of the Kyrgyz Republic provides for obligations of
the court proceedings' parties to provide the eviden ce, to which the party refers to as a ground for its
requirements and complaints.  In the legislation of the Kyrgyz Republic there are no restrictions to the
capacity of the party to substantiate a claim or present relevant evidence.  The parties have the right to
present any evidence.
However, it is necessary to note that the cour t examines the submitted evidence on the basis
of principles of relevance and legality of evidence.
The principle of relevance of evidence means th at the court accepts only that evidence, which
is significant for the case.
The principle of legality evidence means that circumstances, which according to the
legislation should be confirmed by a certain method s of proving, can not be confirmed by any other
methods of proving.
10. Article 43.2 provides that, in the event a party refuses to provide information ordered
by the judicial or administrative officials, thos e officials may be authorized to make preliminary
and final determinations adverse to that party.  Please describe what sanctions may be imposed
on a party that refused to provide ordered information and under what circumstances those
sanctions are imposed, citing the legal authority for those sanctions.
Under Article 49 of the Arbitration Procedural Code and Articles 65, 66, 70 and 71 of the
Civil Procedural Code, the arbitration court and court of general jurisdiction are authorized to impose
a fine on a party as a sanction for failure to submit the required evidence, by the reasons which are
recognized by the court as inadequate.  Imposition of the fine does not exempt the party from
submission of evidence to the court.
11. Article 44.2 authorizes WTO Members to excep t from the authority of courts to enjoin
infringements of intellectual property for government use and for third parties' use on behalf of
governments, limiting the remedy for infringement to payment of adequate remuneration.
Please describe any such limitations on remedi es under the laws of the Kyrgyz Republic and cite
the legal authorities providing for those limitations.
In case of using the rights by the government bodies or third parties, authorized by the
government, without permission of the right holder (compulsory licensing), the remedies are limited
to the payment of adequate remuneration.
In other cases of using the rights without permission of the right holder, the latter has the right
to appeal to the court, and the legislation does not stipulate any limitations for the remedies.IP/Q/KGZ/1, IP/Q2/KGZ/1,
IP/Q3/KGZ/1, IP/Q4/KGZ/1
Page 19
12. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for 1998, including the number of ca ses filed;  injunction s issued;  infringing
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the
amount of damages awarded.
The requested information can not be provided due to the absence of practice of examining
complaints on intellectual property rights infringements in the courts.
The legal proceedings on such disputes have started in 1999, however, no final decisions have
been taken yet.
13. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 1998, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fineswere paid and whether the jail term was actually served or was suspended) and any other
information establishing that your criminal system operates effectively to deter copyright piracy
and trademark counterfeiting.
Please see the answer to question 12 above.
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