The statement from the decision of Scientific and technical council of the State agency of intellectual property under the Government of the Kyrgyz Republic (Кыргызпатент)

of June 19, 1998 No. 6

1. Having considered the provided Rules of creation, giving and consideration of the request for registration and provision of right to use by the name of the place of goods origin and the request for provision of rights to use by already registered name of the place of goods origin. The scientific and technical council of Kyrgyzpatent decided to approve and direct to state registration in the Ministry of Justice of the Kyrgyz Republic.

Approved by the decision of Scientific and technical council of the State agency of intellectual property under the Government of the Kyrgyz Republic (Кыргызпатент) of June 19, 1998 No. 6

RULES OF CREATION, GIVING AND CONSIDERATION OF THE REQUEST FOR REGISTRATION AND PROVISION OF RIGHT TO USE BY THE NAME OF THE PLACE OF GOODS ORIGIN AND THE REQUEST FOR RIGHT TO USE PROVISION BY ALREADY REGISTERED NAME OF THE PLACE OF GOODS ORIGIN

These rules of creation, giving and consideration of the request for registration and provision of right to use by the name of the place of goods origin and the request for right to use provision are developed by already registered name of the place of goods origin according to article 1 of the Law of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin" and contain explanations of the State agency on science and intellectual property under the Government of the Kyrgyz Republic on application of the Law of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin".

List of reducings

Rules - Rules of creation, giving and consideration of the request for registration and provision of right to use by the name of the place of goods origin and the request for right to use provision by already registered name of the place of goods origin

Law - The law of the Kyrgyz Republic "About trademarks, service marks and names of places of goods origin"

Кыргызпатент - the State agency on science and intellectual property under the Government of the Kyrgyz Republic

The request - the request for registration and provision of right to use by the name of the place of goods origin and the request for right to use provision by already registered name of the place of goods origin

MKTU - The international classification of goods and services for registration of signs

Goods - goods and services

Register - State register of names of places of goods origin of the Kyrgyz Republic

Section 1.

CREATION AND APPLICATION FOR REGISTRATION AND PROVISION OF RIGHT TO USE BY THE NAME OF THE PLACE OF GOODS ORIGIN OR THE REQUEST FOR RIGHT TO USE PROVISION BY ALREADY REGISTERED NAME OF THE PLACE OF GOODS ORIGIN

1. Application

1.1. Persons having the right to application

The right to application and registration of the name of the place of goods origin and/or receipt of right to use by the name of the place of goods origin according to parts 3 and 4 of article 28 of the Law the legal entities or physical persons which are in geographical object which name is used as the name of the place of goods origin have if the goods made by them meet the requirements established by part 1 of article 27 of the Law.

1.2. Procedure of giving

The application is submitted to Kyrgyzpatent directly or goes by mail.

1.3. Application through the patent agent

According to part 1 of article 29 of the Law the application is submitted to Kyrgyzpatent by the applicant (applicants) independently or through the patent agent registered in Kyrgyzpatenta.

Foreign legal entities or physical persons or their patent agents who are constantly living outside the Kyrgyz Republic run the business connected with registration of the name of the place of goods origin and provision of right to use by it or with right to use provision by already registered name of the place of goods origin through the patent agents registered in Kyrgyzpatenta if other procedure is not established by the international agreement with participation of the Kyrgyz Republic.

The power of attorney issued to him by the applicant and certifying its powers, or properly drawn up copy of the power of attorney is attached to the application submitted through the patent agent.

The power of attorney on representation before Kyrgyzpatent which is drawn up in the Kyrgyz Republic is made in simple written form and does not require notarial assurance.

The power of attorney which is drawn up outside the Kyrgyz Republic is constituted according to the procedure and for the term, the stipulated by the legislation countries where it is made, and in case of availability of doubts in its reliability - upon the demand of Kyrgyzpatent is legalized in consular establishment of the Kyrgyz Republic, except cases when legalization is not required owing to international treaties of the Kyrgyz Republic or on the basis of the principle of reciprocity.

The power of attorney can be issued to the patent agent registered in Kyrgyzpatenta on representation of interests of the physical person living outside the Kyrgyz Republic, or the foreign legal entity both by this person, and to his patent agent having the relevant power of attorney issued by the applicant. In the latter case both mentioned powers of attorney, or their copies which are drawn up properly are represented.

The power of attorney shall answer the following conditions:

- the power of attorney is signed by the issued her face;

- the power of attorney is issued addressed to the physical person registered in Kyrgyzpatenta as the patent agent;

- in the power of attorney the amount of powers of the patent agent shall be specified;

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