Overview

Details

Subject Matter of Protection

Article 2 - General Concepts used in this Law

Traditional knowledge shall mean knowledge, methods and manners, including use of genetic resources, used in different fields of the human activities, which have been transferred from one generation to another eventually in certain order and meaning. This knowledge have been kept and adapted for different needs of the local communities and the owners of traditional knowledge and represent particular value for the development of various fields of activities;

Traditional knowledge holders shall mean the local communities, natural persons and legal entities with any legal structure and with any pattern of ownership who are the possessors of Traditional Knowledge; Local community shall mean a population permanently residing on the territory of a village, township or city administration and other particular territories of the Kyrgyz Republic with their own national and cultural traditions, way of life and traditional knowledge in different fields of the human activities which possibly may improve the level of living standards;

Genetic Resources include all fauna and flora of terrestrial, marine and any other origin, which may be used by the owners of Traditional Knowledge to obtain specific practical outputs in any field of the human activities.

Beneficiaries or Rightholders

Article 5 - Legal subjects

Legal subjects in the field of Traditional Knowledge are the State, local communities, natural persons and legal entities irrespective of their structural and legal forms and patterns of ownership as well as foreign natural persons and legal entities.

Scope of Protection

Article 7 - Legal protection of Traditional Knowledge

Legal protection shall cover Traditional Knowledge, which is practically applicable in appropriate field of the human activities and which has positive result in the appropriate field.
Legal protection shall not cover Traditional Knowledge, which is actually or possibly may cause damage to human life and health as well as to environment.

Article 17 - Usage of Traditional Knowledge

Production, application, import, distribution, offer for sale, sale and other entering to economic turnover shall be deemed as a usage of Traditional Knowledge in subject‐matters containing and created on their base.

Usage in production with commercial purposes without conclusion of agreements with Traditional Knowledge holders shall be deemed as illegal use of Traditional Knowledge.

Exceptions and Limitations

Article 17 - Usage of Traditional Knowledge

Usage of Traditional Knowledge shall be allowed without consent of Traditional Knowledge holder i f such a usage takes place for educational and research purposes provided that the source is indicated and exclusively for personal purposes.

In case of nonuse or insufficient use of registered Traditional Knowledge by the owner of certificates during three years from the date of issuance of certificates, any person wishing to use protected Traditional Knowledge i f the owner of certificate refuses to conclude the agreement to use Traditional Knowledge with such person subject to conditions responding a common practice, shall be entitled to go to court with a suit for granting him/her such a permission to use Traditional Knowledge concerned.

Trigger of Disclosure

Article 8. Patenting of subject-matters created on the base of Traditional Knowledge

When patenting the subject-matters created on the base of Traditional Knowledge, materials of the application must contain reveal of origin of Traditional Knowledge which is used as prior art or prototype. The applicant shall indicate the source of making Traditional Knowledge available to the public. 

Content of Disclosure

Article 8. Patenting of subject-matters created on the base of Traditional Knowledge

When patenting the subject-matters created on the base of Traditional Knowledge, materials of the application must contain reveal of origin of Traditional Knowledge which is used as prior art or prototype. The applicant shall indicate the source of making Traditional Knowledge available to the public.

Article 9. Application for registration and granting the right to use Traditional Knowledge or for granting the right to use registered Traditional Knowledge

[…]

An application shall contain the following:

1) application for traditional knowledge registration and granting the right to use Traditional Knowledge or granting the right to use registered Traditional Knowledge stating the applicant as well as his location and place of residence;

2) specific and complete description of Traditional Knowledge, including:  point of origin of Traditional Knowledge (borders of a geographic object); description of genetic resource, which is being used in connection with particular traditional knowledge; field of application and expected positive result of traditional knowledge used; information relevant to previously issued publications regarding a particular traditional knowledge.

The following documents shall be attached to the application:

1) An official document granted by the competent authority confirming a practical applicability of Traditional Knowledge and positive result of use thereof in appropriate field of activity.

2) Conclusion of the competent body (bodies) confirming membership of the applicant in a local community and/or is located in geographic object for which Traditional Knowledge is pertained to.

In case of filing the application for registration of Traditional Knowledge by State bodies, the said conclusion shall not be required.

3) For foreign applicant a document confirming his/her right for the claimed Traditional Knowledge in the country of origin.