- Chapter 1 General Provisions
- Chapter 2 Copyrights
- Chapter 3 Use of Software and Database
- Chapter 4 Protection of Rights
- 17 Infringement of Copyright.Counterfeit Copies of Software or Database
- 18 Protection of Rights to Software or Database
- 19 Seizure of Counterfeit Copies of Software or Databases
- 20 Protection of Rights to Software and Database in Foreign Countries
- 21 Rights of Foreign Physical Persons and Legal Entities
- 22 International Treaties
- 23 Implementation of the Present Law
Law of the Kyrgyz Republic TABLE OF CONTENTS
Article
● software is an objective form of presenting aggregation of data and orders aimed at functioning of computers with the purpose of obtaining a certain result;
● database is an objective form of presenting and arrangement of aggregation of data, systematized in such a way that these data could be found and processed with the help of a computer; ● original text is a text written in any programming language not altered by any compiler;
● object code is a program obtained in the result of reorganization of the original text into machine code; In the present Law the right owner shall be understood as an author, his heir, and any natural person or legal entity who possesses exclusive economic rights acquired by virtue of the law or an agreement.
Relationships Regulated by this Law
2. This Law shall regulate relationships with respect to creation, legal protection and use of software and database.
Software and database shall be referred to objects of copyright according to the present Law. Software shall be provided with legal protection as to works of literature, and database—as to compilations.
The State Intellectual Property Agency under the Government of the Kyrgyz Republic (hereinafter—Kyrgyzpatent) shall provide state regulation in the area of software and database protection.
Object and Conditions of Legal Protection of Software and Database
3. Copyright shall extend to any software and databases both released and never published, presented in the objective form regardless of their material bearer, purpose and merits.
Copyright shall extend to the software and databases that are the results of creative activity of an author. The creative nature of author’s activity shall be implied until proved otherwise.
Legal protection granted by this Law shall extend to all kinds of software (including operational systems and program complexes), which may be expressed in any language and in any form, including original texts, and an object code.
Legal protection granted by this Law shall extend to the databases which are the result of creative labor on collection and arrangement of data. Databases shall be protected regardless of whether the data on which they are based or which they include are the objects of copyright.
Legal protection granted by this Law shall not extend to the ideas and principles which lay in the basis software or database or some of their elements, including ideas and principles of arranging interface and algorithms, as well as programming languages.
Copyright to software and databases shall not be related to the property right to their material carrier. Any assignment of rights to the material carrier shall not entail the transfer of any rights to software or databases.
Conditions for Recognition of Copyright
4. Software or database shall be eligible for copyright by virtue of the mere fact of their creation. In order to recognize and exercise copyright to software or database depositing, registration or meeting of other formalities shall not be required.
Since the first public release of software or database the right owner, in order to give notice of his rights, may use the copyright mark, consisting of three elements: Copyright to Database
5. Copyright to database consisting of materials other than objects of copyright shall belong to the persons who have created the database.
Copyright to database shall be recognized provided that the copyright to each of the work, included in this database is observed.
Copyright to each of the works included in the database shall be retained. These works may be used regardless of such database.
Copyright to database shall not prevent other persons to independently select and arrange works and documents included in this database.
Validity Term of Copyright
6. Copyright shall become effective from the moment of creation of software or database and shall be effective throughout the lifetime of the author and for 50 years after his death starting from January 1 as of the year following the year of author’s death.
Expiration of the effective term of copyright to software or database created in co-authorship shall be calculated from the date of death of the last surviving co-author.
Copyright to software, database released anonymously or under the pseudonym shall be effective from the moment of their public release during 50 years. If during the established term the author of software or database released anonymously or under pseudonym reveals his/her identity, or if the author’s pseudonym leaves no doubt of his personality, than the protection term provided by the first item of this Article shall apply.
Personal non-economic rights of the author to software or database shall be protected without time limits.
Scope of this Law
7. Copyright to software or database first publicly released on the territory of the Kyrgyz Republic or not released, but staying on its territory in any objective form, shall be effective on the territory of the Kyrgyz Republic. It shall be recognized as belonging to the author, his heirs or other legal successors of the author regardless of citizenship.
Copyright shall be recognized as belonging to the citizens of the Kyrgyz Republic whose software or database have been publicly released or is located in some objective form on the territory of a foreign state or as belonging to their legal successors.
Copyright to software or database first released or staying in some objective form on the territory of the foreign state shall be recognized as belonging to other persons in accordance with international treaties of the Kyrgyz Republic.
Chapter 2
Authorship
8. Author of software or database shall be a physical person by whose creative labor they have been made.
If the software or database is created by the joint creative activity of two or more physical persons than regardless of whether the program or database consist of elements each of which has an independent significance or is indivisible, then each of these persons shall be recognized as an author of such software or database.
In the event that the software or database elements have an independent meaning each of the authors shall have the copyright to the part created by him.
Personal Non-Economic Rights
9. The author of the software or database regardless of his economic rights shall enjoy the following personal non-economic rights: Economic Rights
10. The author of software or database or another legal successor shall enjoy the exclusive right to carry out and (or) to permit performance of following actions: ● modification of software or database including translation of software or database from one language into another;
on Legal Protection of Software and Databases
General Terminology 1
Object and Conditions of Legal Protection of Software
Economic Rights to Software or Database Created in
Free Reproduction and Adapting of Software or
Seizure of Counterfeit Copies of Software or
Protection of Rights to Software and Database in
Authorship 8
Use of Software or Database Under the Contract With
the Right Owner15
Infringement of Copyright. Counterfeit Copies of
Software or Database 17
Copyrights