LAW OF THE KYRGYZ REPUBLIC

of March 24, 2023 No. 70

About trademarks, service marks, geographical instructions and names of places of goods origin

Accepted by Jogorku Kenesh of the Kyrgyz Republic on February 9, 2023

Chapter 1. General provisions

Article 1. Legislation on trademarks, service marks, geographical instructions and names of places of goods origin

1. This Law according to the Constitution of the Kyrgyz Republic and the Civil code of the Kyrgyz Republic governs the legal, economic and organizational relations arising in connection with state registration, legal protection and use of trademarks, service marks, geographical instructions and names of places of goods origin in the Kyrgyz Republic.

2. The relations specified regarding 1 this Article are regulated by also customs, penal legislation, the legislation of the Kyrgyz Republic on offenses and the legislation of the Kyrgyz Republic on the competition.

3. If the international treaty which became effective according to the legislation of the Kyrgyz Republic establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

4. On basis and in pursuance of this Law regulatory legal acts of the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers), and also authorized state body in the field of intellectual property can be adopted.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the request - the request for registration of the trademark, service mark, registration and provision of right to use by geographical specifying, the name of the place of goods origin, on right to use provision by already registered geographical specifying, the name of the place of goods origin with the enclosed materials;

2) exclusive right - property rights of the owner of the trademark on use of the trademark and service mark at discretion any unrepugnant to the legislation by method;

3) the International classification of goods and services - the classification of goods and services used for registration of trademarks according to the Nizzky agreement on the International classification of goods and services for registration of signs of June 15, 1957 to which the Kyrgyz Republic joined according to the Law of the Kyrgyz Republic "About accession of the Kyrgyz Republic to the Nizzky Agreement on the International classification of goods and services for registration of signs" of December 10, 1998 No. 36;

4) Madrid agreement on the international registration of signs - The agreement on the international registration of signs of April 14, 1891 recognized by the Declaration of the Kyrgyz Republic of rather international treaties in the field of industrial property of January 6, 1994 No. 20-16;

5) Parisian convention on protection of industrial property - The convention on protection of industrial property of March 20, 1883 recognized by the Declaration of the Kyrgyz Republic of rather international treaties in the field of industrial property of January 6, 1994 No. 20-16;

6) Protocol to the Madrid agreement on the international registration of signs - The protocol to the Madrid agreement on the international registration of signs of June 28, 1989 to which the Kyrgyz Republic joined according to the Law of the Kyrgyz Republic "About accession of the Kyrgyz Republic to the Protocol to the Madrid agreement on the international registration of signs of June 28, 1989" of December 30, 2003 No. 243;

7) the patent agent - the physical person certified, registered according to the procedure, established by the legislation on patent agents, in the State register of patent agents of the Kyrgyz Republic;

8) the owner - person having exclusive right on the trademark, service mark or right to use by geographical specifying or the name of the place of goods origin;

9) the representative - physical person, authorized to represent the interests and the rights of the applicant, the owner or other interested person in authorized state body in the field of intellectual property;

10) legally significant actions - actions for application for registration of the trademark, service mark, registration and provision of right to use by geographical specifying or the name of the place of goods origin, right to use provision by already registered geographical specifying or the name of the place of goods origin, conducting examination, modification, prolongation of term of reply to the request, giving of objection, recovery of the passed term, registration, the publication, issue of the certificate, issue of the duplicate, prolongation of effective period of registration, conducting early examination, introduction at the initiative of the applicant of corrections, amendments and amendments into the request materials, recovery of the expired effective period attracting for person of effect who made them according to this Law.

Article 3. Authorized state body in the field of intellectual property

1. The authorized state body in the field of intellectual property (further - authorized state body) according to this Law performs single state policy in the field of provision of legal protection to trademarks, service marks, geographical instructions and names of places of goods origin in the Kyrgyz Republic, takes cognizance of requests for registration of trademarks and service marks, and also requests for registration and provision of right to use by geographical specifying and the name of the place of goods origin, carries out on them expertize, performs their state registration, grants certificates, publishes official data, performs other functions relating to trademarks, service marks, geographical instructions and names of places of goods origin.

2. Under authorized state body Appeal council (further - Appeal council) which is obligatory primary body for consideration of disputes over questions of protectability of the trademark, service mark, geographical specifying and the name of the place of goods origin is created. The procedure for consideration of objections by Appeal council is determined by the Cabinet of Ministers.

Article 4. Business management with authorized state body, duties and representation

1. The applicant, the owner, other interested person who are citizens of the Kyrgyz Republic, constantly living in the territory of the Kyrgyz Republic can run the business connected with state registration (further - registration), legal protection or use of the trademark, service mark, geographical specifying and the name of the place of goods origin and other legal significant acts:

1) personally;

2) through the representative;

3) through the patent agent registered in authorized state body according to the legislation of the Kyrgyz Republic on patent agents.

2. The foreign physical persons or legal entities or their patent agents registered in foreign states run the business connected with registration, legal protection and use of the trademark, service mark, geographical specifying and the name of the place of goods origin through the patent agents registered in authorized state body according to the legislation of the Kyrgyz Republic on patent agents.

3. For making of the legally significant actions connected with registration of the trademark, registration and provision of right to use by geographical specifying and the name of the place of goods origin, the termination of legal protection, consideration of disputes collects duties according to the legislation of the Kyrgyz Republic on the non-tax income.

The size, terms and payment procedure of duty are established by the Cabinet of Ministers.

4. Powers of the patent agent and/or the representative make sure the power of attorney which does not require notarial assurance.

Article 5. Calculation and suspension of the terms established by this Law

1. The terms of making of legally significant actions established by this Law are estimated according to rules of calculation of the terms established by the Civil code of the Kyrgyz Republic.

2. The terms of making of legally significant actions by authorized state body established by this Law stop if:

1) making of legally significant action was interfered by emergency situation (accidents, catastrophic crashes, natural or other disasters, epidemics);

2) before receipt of necessary documents from the applicant, including answers to notifications and requests, documents confirming payment of fees, implementation of legally significant action is impossible, except as specified, when other effects of non-presentation of such documents are established by this Law.

3. About emergence of the circumstances specified in part 2 of this Article, the authorized state body notifies the applicant, the owner or other interested person.

In case, stipulated in Item 1 part 2 of this Article, placement of the relevant information on the official site of authorized state body will also be considered as the notification.

4. Suspension of term begins from the date of, the direction of the adequate notice following behind day.

5. From the date of the termination of the circumstance which formed the basis of suspension of term, the current of term proceeds. The notification on continuation of term goes to the applicant, the owner or other interested person according to article 6 of this Law.

6. In the cases provided by this Law, terms for making by applicants, owners or other interested persons of legally significant actions are recovered by authorized state body.

In case of recovery of term the current of term for making of legally significant actions begins again.

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