Intellectual Property Laws at Kyrgyzstan
Kyrgyzstan's intellectual property (IP) legal framework is robust, aligning with international standards to protect the rights of creators and innovators. Here's an overview of the key aspects:
🏛️ Legal Framework
Kyrgyzstan's IP laws are governed by
Patent Law: Law No. 8 of January 14, 1998, as amended
Trademarks, Service Marks, and Appellations of Origin: Law No. 70 of March 24, 2023
Copyright and Related Rights: Law No. 146 of June 27, 2011
Commercial Secrets: Law No. 27 of March 30, 1998
Plant Variety Protection: Law No. 79 of June 13, 1998
Topography of Integrated Circuits: Specific legislation addressing the protection of IC designs These laws are administered by the **State Service of Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic (Kyrgyzpatent)**
📚 Copyright Protection
Automatic Protection Copyright arises automatically upon creation of an original work.
Registration While not mandatory, registration with Kyrgyzpatent is advisable for legal clarity.
Duration Generally, the life of the author plus 50 year.
Scope Covers literary, artistic, and scientific works, including software and database.
🛡️ Trademark Protection
*Legal Basis: Law No. 70 of March 24, 203.
*System: First-to-fie.
*Duration: 10 years from filing, renewable indefinitely.
*Non-Use: Registration may lapse if not used for three consecutive years.
*Compensation for Infringement: Rights holders can claim compensation without proving actual losses, simplifying the enforcement process.
💡 Patent Protection
*Legal Basis: Law No. 8 of January 14, 198.
*Requirements: Invention must be novel, involve an inventive step, and be industrially applicable.
*Duration: 15 years from filing.
*Utility Models: Protected for 5 years, with the possibility of extension.
🖼️ Industrial Designs
Legal Basi: Patent Law.
Protection Perio: 5 years from filing, renewable up to 15 years.
Requirement: Design must be new and original.
🌍 International Treaties
Kyrgyzstan is a member of several key international IP treaties:
Paris Convention: Protects industrial property.
Berne Convention: Protects literary and artistic works.
Patent Cooperation Treaty (PC): Facilitates international patent applications.
Madrid System: Allows for international trademark registration.
WO: Member since December 1998, adhering to the TRIPS Agreement.
⚖️ Enforcement and Protection
Customs Authority: Responsible for protecting IP rights at borders.
Legal Actions: Rights holders can initiate legal proceedings for infringement.
Penalties: Infringements can lead to fines, confiscation of counterfeit goods, and other legal consequences.
📌 Contact Information
*Kyrgyzpatent
Address: 40, Erkindik Boulevard, Bishkek, Kyrgyz Rpubli
Phone: +996 312 6 25 1
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