INTELLECTUAL PROPERTY RIGHTS IN KYRGYZSTAN
Opposition Term |
N/A |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
Law of the Kyrgyz Republic No. 28 of February 6, 2014, on Amendments to the Law of the Kyrgyz Republic on Trademarks, Service Marks, and Geographical Indications - is the primary law governing the mechanism of trademark registration and protection in Kyrgyzstan.
For getting a trademark registered in Kyrgyzstan, an application has to be filed with the Kyrgyzstani Trademark Office, which administers the entire trademark registration process.
The trademark registration system is based on the ‘first-to-file’ principle.
Kyrgyzstan follows the 10th edition of Nice Classification. Multi-class trademark applications are acceptable.
There is no official procedure for filing oppositions in Kyrgyzstan. However, third party observations against a trademark registration may be filed during the whole examination procedure before the decision is taken by the Patent Office.
A trademark in Kyrgyzstan is valid for ten (10) years from the date of filing and can be renewed for consecutive periods of ten (10) years each an unlimited number of times.
The request to renew the registration should be filed one (01) year before the expiry date of the last registration.
There is also a grace period of six (06) months to renew a registered trademark after the expiry date on condition of payment of a surcharge. It is not possible to reinstate a lapsed trademark after the grace period expiration.
Continuous non-use of a registered trademark in Kyrgyzstan within three (03) years after its official registration may cause cancellation after an interested person has filed a motivated request with the court.
Kyrgyzstan is a member of the Paris Convention for the Protection of Industrial Property.
The Patent Law of the Kyrgyz Republic (as amended by the Law of the Kyrgyz Republic of July 25, 2002 No. 130, February 27, 2003 No. 46, of December 6, 2006 No. 200, January 25, 2013 No. 8, April 10, 2015 No. 76, May 26, 2018 No. 55) deals with the mechanism of patent protection in the nation.
For seeking patent protection, an application has to be filed with the Kyrgyzpatent.
In Kyrgyzstan, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
There is no provision for raising a pre-grant opposition.
A patent for an invention remains effective for twenty (20) years from the date of filing an application to Kyrgyzpatent.
The payment of annuity is after the period of three (03) years from the date of filing. There is also a grace period of six (06) months for the late payment of annuities.
A patent for a utility model remains effective within the period of five (05) years from the date of filing an application to Kyrgyzpatent. At the request of the holder, Kyrgyzpatent may extend the effective period of the patent for utility model for a term not exceeding three (03) years.
Patent Law of the Kyrgyz Republic (Version of the Law of the Kyrgyz Republic of July 25, 2002 # 130, February 27, 2003 # 46, December 6, 2006 # 200, January 25, 2013 # 8, April 10, 2015 # 76) - is the law pertaining to industrial designs in Kyrgyzstan.
For getting an industrial design registered in Kyrgyzstan, an application has to be filed with Kyrgyzpatent, which administers the entire process of registration.
The types of industrial design applications that can be filed in Kyrgyzstan include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Kyrgyzstan.
Utility model protection isn't provided under industrial design protection in the nation. A separate patent for a utility model has to be filed.
A patent for an industrial design remains effective within the period of ten (10) years from the date of filing of an application to Kyrgyzpatent. At the request of the holder, Kyrgyzpatent may extend the effective period of the patent for industrial design for a term not exceeding five (05) years.
The time frame for payment of the renewal fee before the due date is six (06) months.
There is a grace period of six (06) to renew a registered industrial design.
Kyrgyzstan is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law of the Kyrgyz Republic on Copyright and Related Rights (as amended by the Law of the KR dated November 6, 1999 N 120, June 20, 2001 N 54, February 27, 2003 N 46, May 11, 2004 N 57, August 5, 2008 N 197, June 27, 2011 N 58) – deals with the mechanism of copyright protection in the nation.
In Kyrgyzstan, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. State regulation in the field of copyright and related rights is managed by the authorized state body of the Kyrgyz Republic in the field of Intellectual Property. Registration is done by Kyrgyzpatent in accordance with the legislation of the Kyrgyz Republic.
Copyright is valid throughout the life of the author and fifty (50) years after his death, counting from the first day of January of the year following the year of death of the author.
Rights remain in effect for fifty (50) years after the first performance.
The rights provided by the law with respect to the phonogram producer remain in effect for fifty (50) years after the first publication of the phonogram, or for fifty (50) years after its first recording, if the phonogram has not been published during this period.