LAW OF ТНЕ KYRGYZ REPUBLIC
On Legal Protection of Selective achievements
(in the redaction ofthe Laws ofthe KR ofFebruary 27, 2003 No.46 and ofMarch 31, 2005 No.58)
This Law shall regulate economic and personal non-economic rights arlSlng due to exposure or rюsшg (hereinafter referred to as creation), exploitation and legal protection of а selective achievement for which the patents ofthe Kyrgyz RepuЬlic are granted.
The effect of the present Law shall cover all botanical and zoological species, plant varieties and animal
breeds pursuant to the list approved Ьу the Government of the Kyrgyz RepuЬlic. ·
Section I General provisions
Article 1. Defmitions
-For the purposes ofthe present Law the following terms are used:
the author of а se]ective achievement (selectionist) - а person Ьу whose creative labor а selective achievement is created (exposed, raised); · ·
breed of animals -- а group of animals, wmch regardless of protectability possesses genetically conditioned biological and morphological qualities and features, which are specific for а given category of animals and differ it from other groups of animals. А breed may Ье represented Ьу а female or male individual or pedigree material. -
protected categories of the breed shall Ье: а type, factory line, cross line and family;
pedigree animal -- an animal, used for reproduction of а breed;
pedigree material - а pedigree animal, its gametes or zygotes (embryos);
selective acmevement- а variety ofplants, а breed of animals; selective achievement- а variety of plants or а breed of animals;
protected selective achievement- а variety ofplants, а breed ofanimals, registered in the State Register ofthe
protected selective achievements;
plant. variety - а group of plants within the frame of the same botanical taxon the lowest from the known classes, which may Ье determined Ьу the features characterizing а given genetic -type or combination of genetic types and differs :fi-om other groups of plants of the same botanical taxon Ьу at least one feature, espective of whether it meets the conditions of protectability, may Ье considered indivisiЬle :fi-om the point of view of its usefulness in order to reproduce the plants ofvariety as а whole.
Protected categories of а plant variety shall Ье clone, line, hybrid of the first generation, population;
seeds - generative and vegetative parts of plants which are used for reproduction of а plant variety;
plant material -- а plant or its parts, used for а purpose, other than reproduction of а plant variety;
counterfeit selective achievement - а selective achievement, reproduction and (or) commercial use of which entails violation of exclusive rights of а patent owner.
Article 2. Legal protection of а selective achievement
The right for а selective achievement shall Ье protected Ьу this Law and certified with а patent for а selective achievement.
Тhе patent shall certify the authorship of selectionist, priority of selective achievement, exclusive right ofthe patent owner to use selective achievement.
The volume of legal protection for selective achievement provided Ьу а patent shall Ье determined Ьу the aggregate of essential features in its description.
Article 3. State regulation in the field of legal protection of selective achievements
The Authorized State Body ofthe Kyrgyz RepuЬlic in the field ofintellectual Property shall exercise the state policy in the field · of legal protection of selective achievements pursuant to the present Law and execute the following functions accept for consideration applications for selective achievements; provide puЬlication of
the Kyrgyz RepuЬlic (hereinafter refeпed to as The State Register of protected selective acm'evements); provide puЪlication of official information regarding protection of selective achievements; grant patents, maintain their effectiveness and сапу out other functions pursuant to the present Law and Regulation on The Authorized State
Body of the Kyrgyz RepuЬlic in the field of Intellectual Property approved Ьу the Government of the Kyrgyz
RepuЬlic.
In order to review disputes concerning selective achievements, the Appellate Council is being established under The Authorized State Body of the Kyrgyz Republic in the field of Intel!ectual Property. Regulation on the Appellate Council shall Ье approved Ьу The Authorized State Body of the Kyrgyz RepuЫic in the field of lntellectual Property .
Ministry of Agriculture and Water Resources of the Kyrgyz RepuЬlic shall establish the list of botanical and
Zoological varieties and species to which this Law is Applicable (hereinafter the List), which shall Ье approved Ьу the Governrnent of the Kyrgyz RepuЬlic.
Ministry of Agriculture and Water Resources of the Kyrgyz Republic shall put forward proposals to the
Governrnent ofthe Kyrgyz Republic:
to add new varieties and species to the List;
to change the names ofvarieties and species included into the List
The State Cornmission on Exarnination of Plant Varieties Of Agricultural Crops under the Ministry of Agriculture and Water Resources of the Kyrgyz Republic (hereinafter refeпed То as State Commission) and the State lnspectorate on Pedigree Work in Cattle Breeding and monitoring of Pastures Under the Ministry of Agriculture and Water Resources ofthe Kyrgyz Republic (hereinafter refeпed to as State Pedigree Inspectorate) are the state bodies and pursuarit to the Present Law shall сапу out the following functions:
conduct the state test of selection achievements for novelty, distinctiveness, sirnilarity and stability on
.Contractual basis with The Authorized State Body ofthe Kyrgyz RepuЬlic in the field ofintellectual Property;
rnaintain the State Register of district plants varieties Ofthe Kyrgyz Republic and the State pedigree book of t"Ь.е Kyrgyz Republic, respectively;
issue conclusions on admission to use the selective achievement in production and сапу out other functions
pursuant to Regulations on thern approved Ьу the Ministry of Agriculture and Water Resources of the Kyrgyz
Republic. - -
Section li
Conditions of ProtectaЬility of а Selective achievernent and Application Filing Procedure for Granting а
Patent
Artic]e 4. Conditions of ProtectaЬility of а SeJective achievernent
The patent shall Ье issued to а selective achievement, which is related to botanical and zoological varieties and species and which rneet criteria of protectaЬility. Criteria for protectability of а selective achievement are:
1) novelty.
А selective achievement shaU Ье considered new, if on the date of filing of application for issuance of а patent, the seeds or pedigree material of а given selective achievement had not been sold nor otherwise transfeпed to other persons Ьу the selectionist, his/her successor or with their consent, for the use of the selective achievement:
on the teпitory ofthe Kyrgyz RepuЬlic- earlier than one year before this date;
on the teпitory of another country -- earlier than four years or, if it concems grapes, arboreal decorative and fruit crops - earlier than six years before the established date. _
The novelty of а selective achievement is not lost if sale of any material of а plants variety or а breed of animals is carried out Ьу other persons before expiration of terms indicated in the present paragraph:
in order to cause deliberate damage to the applicant;
in the course of execution the agreement on transfer the right to obtain а.patent;
in the course of execution the agreernent, accQrding to which the third party provides additional supplies of material for multiplication of а plants variety, breed of animal with the consent of an аррlicant under condition that such supplies are carried out under control ofan applicant;
in the course of execution the agreement on which the third party conducts field tests or laboratory researches or minor control tests on assessment of а variety or а breed;
PuЫicity may Ье estaЫished in respect of а selective achievement:
- which became а part of generally known level of knowledge in the result of its production, reproduction, sowing for multiplication, storage for the purposes mentioned above; · ·
- which was offered for sale, soled, exported or imported;
- which was included into officii:il catalogues, reference funds or has exact description m one of the puЬlications, or is included into the State Register ofprotected selective achievements.
3) similarity.
А selective achievement is considered as meeting the condition of similarity if, with consideration of the plant multiplication peculiarities, plants and animals with their features are sufficiently similar.
4) stability.
А selective achievement shall Ье considered staЫe, if its main features remain unchanged after repeated multiplication, or in the event of а specific cycle ofmultiplication, at the end of each cycle ofmu!tiplication.
Article 5. Persons Who Have the Right to Submit an App!ication for Granting а Patent
The selectionist, employer or their successor (hereinafter -- applicant) shall have right to file an application for granting а patent (hereinafter - the application).
If the selective achievement was created, grown or discovered jointly Ьу several people, they shall have the
right to file an applicationjointly. ·
The application may Ье filed via а trustee, who conducts business, dealing with receiving the patent, based on
pro:xy.
Natural persons or legal entities of the other states who have no pennanent residence in the Kyrgyz RepuЫic
shal1 conduct а business in order to receive а patent and keep in effective through the patent agents of the Kyrgyz RepuЬlic registered at The Authorized State Body of the Kyrgyz RepuЫic in the field of Intel!ect'Jal Property , U..'lless ot.1erw·ise is provided Ьу the intemational agreement ofthe Kyrgyz RepuЬ!ic.
The employees of Тhе Authorized State Body of the Kyrgyz RepuЫic in the field of Intellectual Property , the State Commission and the State Pedigree Inspectorate shall not have the right to file applications for issuance of а patent for selective achievement during the whole teпn of employment in these agencies.
Article 6. Selective achievement Created in the Official Order
If а selective achievement is created (grown or Dis overed) in the course of execution of officia] task or official duties the rights to file an application shall belong to the employer unless otherwise is provided Ьу the agreement between the selectionist and employer.
А selective achievement shall Ье considered as created in the officia1order if in the course of its creation the
selectionist executed the duties:
due to his official position;
with which he was specially entrusted in order to create selective achievement;
If an employer does not file an application to The А uthorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Prop rty or does not assign the right to file an application to another person, within four months as oi the date of notification made Ьу а selectionist on creation of selective achievement, the selectionist shall have the right to file an application or to receive а patent on his own nате. In this case the employer shall have t1J.e right to use selective achievement with а payment of remuneration estaЬlished on а contact basis to the patent owner - the author.
If an employee creates а selective achievement using experience, material, technical and other faci1ities of the employer, but not while perfonning the duties or а task of an employer, а right to receive а patent shal1 belong to the employee. ln this case an employer shall have а right for priority use of а selective achievement paying to an owner of patent а compensation estaЫished on а contractual basis. Other relationships arising due to creation of selective achievement Ьуе а selectionist are regulated Ьуе the legislation ofthe Kyrgyz RepuЬlic
Article 7. File of an Application to Grant а Patent
The application to grant а patent shall Ье filed at Тhе Authorized State Body of the Kyrgyz RepuЬlic in the field of Inte!lectual Property . The app!ication must contain:
1) the application; ,
2) descriptive summary of а variety of plant (variety form), or а breed of animals (description thereof in accordance with cuпent methods for approbation of aт:icultural animals);
Authorized State Body ofthe Kyrgyz RepuЬlic in the field oflntellectual Property.
The application must Ье related to one selective achievement.
ResponsiЬility for correctness of the information submitted to The Authorized State Body of the Kyrgyz
RepuЪ!ic in the field oflntellectual Property shall Ье with the applicant.
The documents ofthe application shall Ье presented in the Kyrgyz or Russian: languages. Ifthe documents are presented in any other language, the application shall Ье attached with their translation into Kyrgyz or Russian language.
The date of receipt the documents Ьу The Authorized State Body of the Kyrgyz RepuЬlic in the field of
Intellectual Property shall Ье considered the date of file of the application, stipulated Ьу paragraph 1 of this Article. The applicant shall have the right to revoke an application any time prior to the date of receipt the decision to grant а patent:
Article 8. Denomination ofthe Selective achievement
А selective achievement must have а denomination with indication of its gender affiliation.
The denomination of the selective achievement must allow to identify it, Ъе concise, differ from the denominations of the existing selective achievements of the identical or close to it botanical and zoological gender.
1t must not consist of figures only, bring to confusion iri respect pf characteristics, origin, significance of the
selective achievement, selectionist's personality, and mиSt not contradict the principles ofthe puЪ!ic morality.
Any person using the selective achievement must apply such denomination under which it was registered in the State register of protected selective achievements.
If denomination of the selective achievement does not meet the requirements of this Article, the applica.11.t shall Ье oЪ!iged to change it within the terms, estaЬlished Ьу the Rules. The appropriate fee shall Ье paid if the applicant changes denomination of selective achievements at his own initiative
А variety of plants, а breed of animals shall Ье presented in other countries under the same denomination. А
competent body of the country concemed shall register the presented denomination of the selective achievement, unless it decides that such denomination is not acceptaЬle in its territory. In this case it may require the selectionist to provide another denomination. ·
Any person offering for sale or distributing а selective achievement on the teriitory of another country, which is protected on the indicated territory must use the denominations of this selective achieve:inent even after the end the patent term or the right of selectionist to this selective achievement, unless the previously acquired rights do not prohiЬit such а use in accordance with paragraph 7 of this Article.
Previously acquired rights of the third persons shall not Ье covered, provided that Ьу virtue of the previously acquired right, the exploitation of any denomination of а variety of plants or а breed of animals is prohiЬited to the person, who pursuant to paragraph 6 of this Article must use it, the selectionist is oЬligated to submit another denornination for this plant variety or animal breed at the requirement of Тhе Authorized State Body of the Kyrgyz RepuЬ!ic in the field of Intellectual Property . ·
Article 9. Priority Right of а selective achievement
Priority of а se!ective achievement shall Ье estaЬlished on the date of file of an application to grant а patent at
Тhе Authorized State Body ofthe Kyrgyz RepuЬlic in the field oflntellectual Property.
In the event Тhе Authorized State Body of the Kyrgyz RepuЪ!ic in the field of Intellectual Property receives two (or more) applications to grant а patent for the same selective achievement the priority shall Ье estaЬ!ished on the earliest sending of an application. If in the course of examination it is estaЬlished that these applications have the same date of sending, the patent may Ье granted to the application that has the earliest registration number of The Authorized State Body ofthe Kyrgyz RepuЬ!ic in the field oflntellectual Property.
Тhе priority of а selective achievement may Ье estaЬlished on the date of submission of the first application in the foreign country with which the Kyrgyz RepuЬlic has Ьilateral or multilateral intemational agreement on protection of plants varieties, breeds of animals, if the application was receipt at Тhе Authorized State Body of the Kyrgyz RepuЬlic in the field oflntellectual Property within 12 months as ofthe indicated date.
An applicant willing to use the right of priority on the basis of the flrst application must indicate it during submission of an application to The Authorized State Body of the K)'rgyz RepuЬlic in the field of Intellectual Property . Тhе copies of the initial application materials certified Ьу the body who has received them as well as samples or another proofthat this selective achievement is the subject ofboth applications, is 6ne and the same one, shall Ье submitted within three months.
State Body of the Kyrgyz Republic in the :field of Intellectual Property required for examination purposes, within
two years after expiration ofthe priority and after such suspension or revocation.
Section Ili
Examination of а Selective achievement
Article 10. Examination ofthe Application for Selective achievement
Examination of the application for а selective achievement shall include preliminary examination and examination of the c!aimed selective achievement for the compliance with conditions of distinctiveness, similarity and staЬility.
Article 11. Preliminary Examination ofthe Application for а Selective achievement
Preliminary exarnination of the application shall Ье carried out within the terrn of 2 rnonths after the date of filing at The Authorized State Body ofthe Kyrgyz Republic in the field of Intel!ectual Property. ln the course ofthe preliminary examination Тhе Authorized State Body of the Kyrgyz Republic in the field of lnte!lectual Property
shall check the availaЬility of necessary documents provided Ьу Article 7 of this Law, the cornpliance of а selective achievement with the requireme:rits of Article 8 and shall estaЬlish the priority of а se!ective achievement.
Appropriate fee shall Ье paid for execution of preliminary examination
Since the date of filing the application and till notification of the applicant of accept of his application for consideration Ьу Тhе Authorized State Body of the Kyrgyz RepuЬlic in the field of Inte!lectual Property the applicant may add, clari:fy and update the materials of the application at his own initiative without change of the nature of the claimed se!ective achievement provided that appropriate fee is paid.
lf the application is submitted in violation of the estaЬlished requirements to the forrn and composition, or if additional materials are requireq for the purposes of examination, the request shall Ье sent to the applicant with the suggestion to present corrected or missing materials within two months from the date of its receipt.
lf in the course of prelirninary examination The Authorized State Body of the Kyrgyz Repub!ic in the :field of
lntel!ectual Property deterrnined that denomination of а se!ective achievement does not meet the estaЬlished requirernents, the request shall Ье sent to the applicant with the suggestion to submit another denomination within two months sinse the date of receipt thereof.
At the request of an applic·ant, under the presence of valid reasons and payment of an appropriate fee, The Authorized State Body ofthe Kyrgyz Repu.Ьlic in the :field of Inte!lectual Property may perrnit the extension ofthe term of an answer to the request or to the notification, speci:fied in paragraphs 4 or 5 ofthis Article up to six months. ln the event the applicant does not provide the requested documents, does not change the denomination of а selective achievement or does not provide the request to prolong the estaЬ!ished terrn within the indicated term, the
application is considered revoked.

ln the event ofpositive result ofthe preliminary examination, the applicant shall Ье notified ofthe acceptance of his!her аррlication to consideration.

Artic!e 12. Publication of an Application for а selective achievernent
Тhе Authorized State Body of the Kyrgyz Republic in the :field of lnte!lectual Property shall publish information on the application in the official bulletin no later than four months after·completion of preliminary examination for а selective achievement. Тhе Authorized State Body of the Kyrgyz RepuЬlic in the :fie!d of Inte!lectual Property shall determine the content ofinformation for publication. After publication ofthe information on application any person shall have the right to familiarize himself with its rnaterials. The appropriate fee is paid in order to familiarize with the rnaterials of aJ?p!ic tion.
The information on application is not published in the cases if prior to terrnination of the puЬlication term the decision to grant а patent for this application is made or it is revoked or the decision on refusal to grant а patent is made which can not Ье appealed.
Тhе author of а se!ective achievement may refuse to Ье named as such in the puЬlicized information on application, ifhe is not а patent owner.
During six rnonths since the date ofpuЬlication ofthe applicatlon the clairn for novelty of any person shall Ье considered, which is submitted to Тhе Authorized State Body of the Kyrgyz RepuЬlic in the field of Intel!ectual Property.
The objection shall Ье considered Ьу the Appellate Council within four months since the date of receipt thereof. Appropriate fee shall Ье paid for filing and consideration ofthe objection to the Appellate Council.
А person filed the objection and an applicant may participate in the consideration thereof.
If а selective achievement does not meet the novelty requll:-ement, the decision to refuse granting patent shall
Ье made.
If any ofparties does not agree with decision of_the Appellate Council it may bring а suit within six-month­
period since the date of decision is made.
Article 13. Provisional Legal Protection ofa Selective achievement
For the period from the date of publication of the application and to the date of issuance of the patent, the applicant shall Ье given а provisionallegal protection ofthe selective achievement.
After receipt of the patent, the patent owner shall have the right for indemni:fication fi-om а person, who
committed actions without the permission of the applicant during the period of provisional protection of selective achievements, indicated in paragraph 1 of Article 24 ofthis law.
Article 14. Examination of Compliance of а Selective achievement for distinctiveness, similarity and stability.
Examination of Compliance of а Selective achievement for distinctiveness, similarity and stability shall Ье carried out Ьу the State Commission, State Pedigree Inspectorate or other competent agencies with which the Kyrgyz RepuЬlic is connect-ed Ьу virtue of bilateral or multilateral agreements on protection of plants varieties and animals breeds.
Appropriate fee shall Ье paid for the examination of а variety.
In the course of assessment of the selection achievemeпt on distinctiveness, simila.,-ity and staЬilit'j, tt1.e State
Commission and the State Pedigree Inspectorate may base on:
- the results of tests conducted on the agreements with legal entities and natural pщsons of the Kyrgyz RepuЬlic or competent organizations of foreign countries on .testing of а selective achievement with which the Kyrgyz RepuЬlic is connected Ьу virtue ofbilateral or multilateral agreements ofprotection ofvarieties ofplants or breeds of · animals;
- tests conducted Ьу the applicant or on his assignment in the Kyrgyz Republic or outside ofits boarders.
The State Commission and the State Pedigree Inspectorate may request the applicant to provide all necessary information, documents or pedigree materials as well as offer the applicant to provide special tests of а variety of plant or а breed of animal. Oii the basis ofthe tests of а selective achievement the
State Commission and the State Pedigree Inspectorate shall make а conclusion on compliance ofthe selective achievement with the conditions of protectability and compile an official description of а selective achievement.
In the course of technological development the State Commission and the State Pedigree lnspectorate shall have the right to add the description of а selective achievement any time during the period of patent effectiveness.
On the basis ofthe results of examination on novelty, distinctiveness, similarity and stability, the materials of the report and conclusion ofthe State Corn.rllission and the State Pedigree Inspectorate, The Authorized State Body ofthe Kyrgyz Republic in the field ofintellectual Property shall take а decision to grant а patent and to estaЬlish the priority, if not estaЬlished during the preliminary examination or to refuse to grant а patent.
The applicant may get acquainted with the materials used in the course of examination and observe the examination procedure.
The applicant may demand the copies of the claims against the materials of the application as well as complete information on the results of conducted tests within two months as of the date of the receipt the decision on application.
Article 15. Appeal Against the Decision ofExamination and Restitution ofthe Missed Time Limits
When disagreed with the expert decision, the applicant shall Ье entitled to file а grounded complaint with the Appellate Council of The Authorized State Body of the Kyrgyz RepuЪlic in the field of Intellectual Property within three months from the date the applicant is notified of such decision on his/her application, or copies ofthe materials opposed to the application and requested Ьу him and complete information on the upshots ofthe tests.
examination.
The decision of the Appellate Council of The Authorized State Body of the Kyrgyz RepuЬlic in the field of
Intellectual Property may Ье contested Ьу the applicant in court within six months from its adoption.
The time Jimits stipulated in paragraph 4 and 5 of Article 11, paragraph 1 of this Article, that have been missed Ьу the applicant may Ье reinstated Ьу The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Property provided that there are solid reasons therefor, and the dues are paid. .
А solicitation on the restitution ofthe missed time limits may Ье filed Ьу the applicant no Jater then 6 months
after the missed time limits.
Section IV.
Registration of а Selective achievement and Issuance of а Patent
Article 16. Registration of а Selective achievement and Issuance of а Patent
When the decision to grant а patent is made and the co!Тesponding fee is paid, The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Property shall register the selective achievement in the State Register of protected selective achievements within two months.
The fee shall Ье paid within two months from the date the applicant receives the decision of examination to
register selective achievement or within three months fr0m the date of expiration of the indicated two months term, under condition of payment of additional fee.
The order of introduction and the list of information introduced to the State Register of protected selective
achievernents shall Ье determined Ьу The Authorized State Body of the Kyrgyz RepuЬ!ic in the field of Intellectual
Property.
The patent to а selective achievemeпt sr1all Ье granted to the applicant. It'there are several applicants seeking the patent, the patent shall Ье issued to the applicant indicated first in the application and shall Ье used jointly according to appropriate agreement between them.
Тhе patent to а selective achievement shall Ье issued on behalf of the Kyrgyz RepuЬlic and signed Ьу the
Director ofThe Authorized State Body ofthe Kyrgyz Republic in the field oflntellectual Property.
The Authorized State Body of the Kyrgyz RepuЫic in the field of Inte!lectual Property shall determine the format and the composition of data to Ье indicated in the patent.
Pursuant to Article 21 of this Law, Тhе Authorized State Body of the K'}тgyz RepuЬlic in the field of InteJlectual Property shall issue the author's certificate to the author of а selective achievement who is not the patent owner.
Co!Тection of obvious and technical mistakes in the issued patent shall Ье effectuated upon the patent owner's
request.
In the event of loss of а patent, а duplicate shall Ье issued provided the co!Тesponding fee is paid. Article 17. Validity Tenn of а Patent
The validity tenn of а patent to а plant variety shall Ье 20 years since the date of registration of declared а selective achievement in the State Register of protected selective achievements, to а variety of grapes, arboreal decorative, fruit crops and forest trees, including their stocks as well as animal breeds shall Ье 25 years.
Article I 8. Patent Mamtenance Fee
The patent owner shall Ье obligated to рау annually а patent maintenance fee. The first year for the payment ofthe patent maintenance fee shall Ье the first calendar year following the year of issue.
Article 19. PuЬlication ofinformation on а Patent
Тhе Authorized State Body of the Kyrgyz RepuЫic in the field of Intellectual Property shall puЫish information on а patent in its o:fficial bulletin within twp months from the registration date in the State Register of protected selective achievements. The composition of data to Ье published shall Ье determined Ьу The Authorized State Body ofthe Kyrgyz RepuЫic in the field oflntellectual Property. ·
of а patent, validity of а patent, extension of the term of its validity as well as the performance of legally significant actions.
Тhе Government of the Kyrgyz Republic shall establish the list ·of actions for which these fees are levied,
their arnount and terms of payment, as well as grounds for exempting fi:om such payments, decreasing their amount or their refund.
The fees shall Ье paid Ьу the applicant, owner of the patent or any legal entities or natural persons to The
Authorized State Body ofthe Kyrgyz RepuЬlic in the field oflntellectual Property, upon the agreement with him.
All means entered the account of The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Property in the form of fees including currency, payment for the services and materials shall Ье used Ьу The Authorized State Body ofthe Kyrgyz Republic in the field of Intellectual Property to cover costs i:elated to the provision of actions stipulated in paragraph 1 of this Article as well as technical provision, creation and development of automated system, completion of the patent information fund, training and motivation of personnel.
Section V
Rights ofthe Author ofa Selective achievement
Article 21. Author of а Selective achievement
А natural person who has engineered (discovered or grown) а selective achievement through his!her creative work shall Ье deemed to Ье the author of а selective achievement. If several natural persons participate in the creation of а selective achievement, all of them shall Ье deemed to Ье co-authors. The procedure to exploit rights of . co-authors shall Ье guided Ьу an agreement between them. _
Persons who have not made personal contributions to the creation (exposure or raise) of а breed, but who
have provided the author (authors) only with technical, organizational or financial assistance or who have only contributed to t11e legalization ofthe rights to а selective achievement are nit deemed to Ье co-autlюrs.
Misappropriation of the authorship of а breeder, coercion into co-authorship shall entail liability in accordance with the Legislation ofthe Kyrgyz Republic. .
The author of а selective achievement shall hold the right of authorship that is inalienaЬle personal right and is protected Ьу the state infinitely. Disputes on authorship shall Ье resolved in court. ·
Disputes between the patent owner, wl;ю is not the author of а selective achievement and the author, who is not the patent owner shall Ье resolved injudicial order.
The Authorized State Body of the Kyrgyz Republic in the field of Interlectual Property shall issue the · author's certificate to each author. The author certificate shall testify the authorship, as well as the right thereof to receive remuneration fi:om а patent owner for hislher use ofthe selective_ achievement in question.
In the event of loss or darnage of an author certificate, а duplicate shall Ье issued provided that the required fee is paid.
The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Property shall determine the format and the contents of the author certificate.
Article 22.·Remuneration to the Author of а Selective achievement Who is not the Patent Owner
The author of а selective achievement shall Ье entitled to receive remuneration fi:om the patent owner for his/her exploitation of а selective achievement grown (engineered or discovered) Ьу _the author within the validity term of hislher patent. The amount and terms of payments shall Ье determined Ьу the agreement between the patent owner and the author.
If an animal breed or а plant variety is grown, created or discovered Ьу several authors, the remuneration shall Ье distributed among them based on the agreement concluded between them.
If the agreement regarding the amount and the order ofтemuneration payment is not achieved Ьу the parties, the dispute shall Ье settled in а judicial order.

Article 23. Patent owner

The right to obtain а patent shall belong to:

the author (authors) of а selective achievement;

employer, in the cases stipulated Ьу Article 6 ofthe present Law;

their legal successor, including а person who received the appropriate right in the assignment order. Article 24. Rights of а Patent Owner

А patent owner shall have an exclusive right to use а selective achievement.

The exclusive right of а patent owner shall mean the right to conduct the following operations with seeds and pedigree material:

production and re-production;

brining to sowing condition with the subsequent multiplication;

offer to sale;

sale and other types of distribution;

export from the territory ofthe Kyrgyz RepuЬlic; import to the territory ofthe Kyrgyz RepuЬlic; storage for the purposes mentioned above.

The right to а patent and the right to use selective achievement, coming from the patent may Ье transferred to any natural person or legal entity on the patent assignment agreement or licensing agreement.

The exclusive right of а patent owner shall also cover the seeds materials, which were entered into economic turnover without consent of а patent owner and in respect of а commodity output made of plant materials of the protected animal breed or plant variety.

The permission from the patent owner is necessary in order to effectшte the operations proYided in paragraph

2 ofthis article with the seeds or pedigree material, which:

inherit substantially the features of а protected (original) animal breed or plant variety, if these protected breeds or varieties, in their turn, are not se]ective achievements that significantly inherit the features of other selective achievements;·

do not obviously differ from а protected animal breed or plant variety;

require repeated use of а protected breed for the production of seeds.

А se]ective achievement that substantially inherit features of anothe,r (original) protected selective achievement shall Ье deemed а selective achievement, which under obvious difference from the original:

· inherits the most generally significant features of an original selective achievement or of а selective achievement that itself inherits significant features of an original selective achievement retaining basic features reflecting genetic code or а comЬination of genetic codes of а selective achievement;

coincides with the genetic. code or а combination of genetic codes ofthe original selective achievement with the exception of deviations caused Ьу the application of methods, like individualized selection from the original animal breed or plant variety, selection of an induced mutant or genetic engineering.

Article 25. Actioтis That are not Deemed Violations ofthe Patent Owner's Right

The following actions are not deemed to Ье infiingement ofthe right oft."I-J.e patent ov.riler:

actions carried out for personal and non-commercial purposes;

actions carried out for experimental purposes;

exploitation of а protected anima] breed or plant variety as the original material to engineer а new selective achievement and with the exception of cases provided Ьу paragraph 5 of Article 24 of this Law, as well as the actions provided in paragraph 2 of Article 24 ofthis Law in respect of such selective achievements;

use of the p]ant material engineered at agricultural nte'rprise within two years as seeds to grow the variety

within the territory ofthis enterprise.

The list of varieties of plants and anima] breeds, which are covered Ьу the privilege specified in paragraph 5 ofpart 1 ofthis Article shall Ье determined Ьу the Govemment ofthe Kyrgyz RepuЬlic;

Article 26. Maintenance of а Selective achievement

examinations and provide the conditions for inspections at place. Also, the patent owner shaП Ье obligated to provide pedigree material for in-field testing when requested Ьу the State Pedigree Inspectorate.
Section VII.
Protection ofthe Patent Owner's Rights
Article 27. LiaЬility for Violation ofthe Patent Owner's Rights
The liaЬility shall commence upon violation of the rights of the patent owner stipulated Ьу the legislation of the Kyrgyz Republic.
А 1icensee may put forward claims against а violator, if appropriately provided in the licensing agreement.
А natural person or legal entity, who does not comply with the requirements of this Law related tci the exclusive rights of а patent owner, and, inclusively, imports seeds or pedigree material in the Kyrgyz Republic or any other selective achievement without the patent owner's pennission, shal1 Ье deemed а patent violator, and _the selective achievement shall Ье found counterfeit.
Selective achievements, imported in the Kyrgyz Republic from countries where these selective achievernents
have never been protected or their protection has ceased, however are protected Ьу this Law shall Ье also deemed counterfeit.
Article 28. Protection ofthe Patent Owner's Rights
The patent owner shall Ье entitled to demand from а violator:
а) recognition ofthe patent owner's rights;
Ь) restoration oHhe status quo and eradication of actions vio lating the rights or threatening to vio late them;

с) indemnification oflosses, including lost profit;

d) recovery of revenue gained Ьу а violator in Violation of the patent owner's rights instead of the indemnification of losses;
. е) apply any other remedies provided Ьу the nonnative legal acts related to the protection of the patent owner's rights. ·
Remedies provided in items (с) and (d) ofthis article shall Ье used at the patent owner's discretion.
The patent owner shall Ье entitled to appeal to court to protect his!her right, as well as investigation bodies, due to their competence.
Counterfeit seeds and pedigree material shall Ье subject to oЬligatory confiscation upon the decision of the court. Confiscated counterfeit seeds and pedigree material shall Ье destroyed except for the cases of their transfer to the patent owner upon his request. .
In case.ofobvious evidence on а violation ofthe patent owner's rights, an investigation body ora court shall
Ье oЬligated to undertake measures for а rescue and arrest of the selective achievernent, which is suspected to Ье counterfeit.
Section VIII.
Invalidation of а patent, its annulment and restoration of validity thereof
Article 29. Invalidation of а Patent
Any person may apply to the Appellate Council with а grounded request to find а patent invalid within three montbs from the date of its data puЬlication. The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Property shal1 send а сору of the request to the patent owner, who is required to present а grounded reply within three months from the date of notification thereof А fee shall Ье levied for submission and consideration ofthe application to find а patent invalid.
The Appellate Council shall make а decision on the issue within six months, unless additional testing is required.
А patent shall Ье deemed invalid, if:
а se]ective achievement did not meet the condition of novelty, similarity, stability and distinctiveness on the date ofthe patent was issued;
the person identified in the patent as its owner did not have any legal rights to receive the patent.
if:
the patent owner has failed to рау the patent maintenance fee in the estaЬlished term;
the patent owner has failed to provide seeds, pedigree rnaterial, documents and other information to check
patentability of а selective achievement requested Ьу the State Comrnission and State Pedigree Inspectorate within the estaЫished deadlines and failed to provide conditions for inspection of а selective achievernent at place;
а selective achievement does not comply with the conditions of sirnilarity and stability.
The Authorized State Body of the Kyrgyz RepuЫic in the field of Intellectual Property shall puЫish in its official bulletin the information about annulrnent of а patent.
Article 30-1 Restoration of а patent's validity. Right for after-use
The patent's validity for а breeding, which was stopped due to ·the fact that patent fee for patent's rnaintenance has not been paid in the prescribed term, rnay Ье restored at the request of the person which was the patent owner. Such request shall Ье filed to Тhе Authorized State Body of the Kyrgyz RepuЫic in the field of lntellectual Property within three years for varieties of plants and within five years for varieties of grapes, arboreal decorative, fruit crops and forest trees, including their stocks as well as for animal breeds from the date of expiry of the terrn for payment of the said fee, but before expiry of the term of the patent's validity estaЫished in accordance with present Law. Тhе request shall Ье (_ittached Ьу the document confirming payment of appropriate patent fee for restoration ofthe patent's validity.
The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Property shall puЬlish in its official bulletin the information about restoration of а patent's validity.
Any person, who during the .period between the dates of annulment of а patent and of puЬlication in the official bulletin of The Authorized State Body of the Kyrgyz RepuЫic in the field of Intellectua.l Property of the. information about restoration of а patent's validity, cornmenced to use the patented selective achievernent in the territory of the Kyrgyz RepuЫic or rnade appropriate necessary preparations to do so within the said period, shall reserve the right for free use thereofwithout extension ofthe s·cope of such use (right for after-use).
The right for after-use may Ье transferred to another natural person or legal entity only along with production where the use of such selective achievement had place or where necessary preparations were made to do s.o.
Rights specified in the in the paragraphs 3 and 4 ofthis Article shall not include the right to issue а license to any·person for making the said action.
Article 31 Appealing Against the Decisions of the Appellate CounciJ of 1)le Authorized State Body {)f the
Kyrgyz RepuЬlic in the field of lntellectual Property
Тhе decision of the Appellate Council to grant а patent or to refuse to grant а patent, to consider the patent irtvalid and the decision of The Authorized State Body of the Kyrgyz RepuЬlic in the field of IntellectuaJ Property to annul the patent ау Ье appealed in court within six months since the date of receipt thereof Ьу the applicant.
Section IX Licenses
Article 32. Licensing Agreement
Under а licensing agreement (exclusive and non-exclusive license), the patent owner (licenser) may transfer the right to use а selective achievernent to another party (licensee) within the contractual framework of the rights transferred, time limits, territory and order of payments.
\Vhen а non-exclusive license is transfeпed to а licensee, the later shall have the right to use а selective
achievement within the term and framework of the transferred rights provided in the licensing agreernent. The issuance ofnon-exclusive license shall not hamper the licenser from issuing licenses to third parties or frorn his&er own using the selective achievement in question. The license must not Ье transferred Ьу the licensee to the third parties. The licensee shall not Ье entitled to issue sub-licenses.
When the exclusive license is transfeпed to а licensee, the later shall enjoy the exclusive right to use а
selective achievement on the negotiated terms and within the stipulated territory and within the contractual time limit. Under an exclusive license, the licenser shall not have the right to use the selective achievement in question and to issue licenses to third parties within а given territory. Тhе licensee shall have the right, upon the terms agreed with the licenser, to issue sub-licenses to the third parties.
invalid. Data about registration shall Ье puЬlished in the official bulletin. А corresponding fee shall Ье paid for the registration of а licensing agreement as well as for the registration of an agreement of patent concession.
Artic!e 33. Open License
The patent owner may puЬlish in the official bulletin of The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Property that his!her selective achievement may Ье used Ьу any entity from the date the patent owner is notified thereof, provided that he/she receives the announced fees.
The amount of the patent maintenance fee shall Ье decreased Ьу 50% from January 1 of the year following
the year an open license announcement appears.
The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intel!ectual Property shall enter in the State Register of protected selective achievements а record on the open license announcement and indicates the amount of payments required.
The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Property shall enter а record in the State Register of protected selective achievements on the termination of the open license announcement upon а petition filed Ьу the patent owner with the consent of other open license-holders.
А corresponding fee shall Ье paid for :filing of an application on termination of the effectiveness of the open
license and puЬlication of the information on termination of the effectiveness of the open license in the official bulletin. ·
Article 34. Compulsory License
ln the event of non-use or insufficient use of а selective achievement Ьу а patent owner or the person to whom the rights are transferred within three years :from the date ofpatent issuance, а person willing and prepared to use this selective achievement, in the event of refusal of the patent oWпer to enter into а licensing agreement on the conditions that are in compliance with the estaЬlished practice, shall have the right to apply to court soliciting а compulsory license to use the indicated selective achievement.
In case of force-major events (natural disasters, accidents etc.) the Government of the Kyrgyz RepuЬlic shall Ье entitled to give permission to use selective achievement without consent of the patent owner provided that the patent owner is notified in due course, reasonaЬle indemnity is paid to him and scope and duration of use of the patented se!ective achievement is limited Ьу the purposes for which it was permitted. Any disputes arising :from such use shall Ье considered Ьу court. '
In the event the patent owner fails to prove that non-use of а selective achievement is conditioned Ьу valid reasons, the court shall grant the indicated license determining the limits of its use, amount and order of payment. The aniount of payment must Ье estaЬlished not less than the price for the license determined in accordance with the established practice.
Under а compulsory license, the licensee shall receive the right to use а selective achievement within the framework ofnon-exclusive Iicerise.
The court may oЬligate the patent owner to provide the licensee with multipliaЬle material in the amount necessary to effec;tively use the compulsory license in exchange for а commensurate remuneration to the patent owner on reasonaЬle conditions.
А compulsory license shall Ье issued in the presence ofthe following conditions:
the compulsory license applicant is in а financial, technical and scientific position to effectively use the rights ofthe patent owner;
the patent owner refuses to authorize the compulsory license to the applicant to re-produce or trade in multipliaЬ!e material of а selective achievement to suffice the puЬlic needs or is not prepared to give such an authorization on acceptaЬle terms;
there is no grounds for the patent owner not to authorize such use of а selective achievement as necessary;
The term of а compulsory license shall Ье estaЬlished Ьу the court.
Compulsory license may Ье revoked upon the decision of the court in the event if the owner of compulsory license violates the conditions under which it was granted. -
The information on compulsory license shall Ье published in the official bulletin and entered to the State
Register ofprotected selective achievements. .
The !icensee shall рау an appropriate fee for registration and puЬlication of the information on the issuance of compulsory license in the official bulletin.
Article 35. The Right to File an Application in Other States
An applicant shall have the right to file an application soliciting protection of а selective achievement with competent bodies of another state. An application filed in other country must Ье registered at The Authorized State Body ofthe Kyrgyz RepuЬlic in the field oflntellectual Property.
All expenses related to the protection of the rights to а selective achievement outside the Kyrgyz RepuЬlic
sha11 Ье covered Ьу the applicant.
Article 36. Rights ofForeign Nationals and Legal Entities
Foreign natural persons and legal entities shall enjoy the rights provided in this Law equally with natural persons and legal entities ofthe Kyrgyz RepuЬlic Ьу virtue of intemational agreements ofthe Kyi-gyz RepuЬlic or on the basis ofreciprocal principal.
Article 37. Effectiveness ofintemational Agreements
If international agreements ofthe Kyrgyz RepuЬlic provide other rules than those set forth in this Law, than the rules of intemational agreements shall prevail. ·
SectionXI. Final Provisions
Article 38. Control Over Import and Export of Selective achievements
The control over import and export of selective achievements registered in the State Register of protected selective achievements shall Ье e:ffectuated Ьу the State Customs bodies in accordance with the Customs legislation ofthe Kyrgyz RepuЬlic.
Article 39. Legal Treatrnent of certificates, author's certificates to selective achievements registered Ьу the
State Committee ofthe USSR on invention and discovery affairs
The effectiveness of certificates and author's certificates to а selective achievement registered Ьу the·State , Committee of the USSR on invention and discovery affairs shall Ье recognized in the territory of the Kyrgyz . RepuЬlic.
The owners of certificates and authors' certificates to varieties of plants on which the term of 20 years is not expired and to а variety of grapes, arboreal decorative, and forest trees, as well as animal breeds 25 years term of protection from the date of file of an application shall Ье granted the right to request for their exchange to patents of
the Kyrgyz RepuЬlic. The request shaП Ье submitted to The Authorized State Body of the Kyrgyz RepuЬlic in the field of Intellectual Property . The order of submission and review ofthe request shall Ье determined Ьу the Rules.
The applications to grant the authors' certificates to а new plant variety or а breed of animal filed before implementation of the present Law, on which the testing has been conducted Ьу the State Commission and State . Pedigree Inspectorate and the decision to allow their use has been made, the applicant is entitled to request to grant а patent to the selective achievement of the Kyrgyz RepuЬ!ic, under condition that this selective achievement complies with the requirements ofprotectaЬility pursuant to the present Law.
The applications on which requests submitted in the estaЬ!ished term, as provided in paragraph 3 of this Article, shall Ье considered pursuant to the order estaЬlished Ьу this Law and the Rules, without claiming the requirement ofnovelty to this selective achievement in accordance with Article 4 ofthis Law.
Тhе patents of the Kyrgyz RepuЬlic to а selective achievement granted on the requests to exchange certificates, authors' certificates shall Ье effective from the date of registration of the declared selective achievement in the State Register of protected selective achievements and before expiration of 20 years term for plant varieties and 25 years term for а variety of grapes, arboreal decorative, and forest trees, as well as animal breeds from the date of file the application.

reserve the term of validity indicated therein. ,

If applications for grant the patents to а selective achievement were filed before enforce of the present Law and received а positive decision the following patents ofthe Kyrgyz RepuЬlic shall Ъе issued: for plant varieties- 30

· years term from the date of registration of the claimed achievement in the State Register of protected se!ective achievements; for а variety of grapes, arboreal decorative, and forest trees, including their stocks as well as animal breeds - 35 years term.

The further procedure pursuant to the present Law shall Ъе applied to applications for grant the patents to а

selective achievement, which were filed before enforce of the present Law Ъut which were not received any decision.

Article 41. Enforcement of the present Law

1. Enforce the present Law from the date of its publication ( "Erkin Тоо" of June 26, 199 8 N'

81-82).

2. Within the three months peribd after enforce of the present Law, the Govemment of the Kyrgyz Republic

shall:

- approve the list of botanical and zoological species, plant varieties and animal breeds which will Ъе

protected in accordance with the present Law;

- bring the prior decisions· adopted Ъу the Govemment of the Kyrgyz RepuЬlic to the compliance with the present Law.

The President ofthKyrgyz Republic А. Akaev.

Adopted Ьу the Legislative AssernЫy

of Jogo ku Kenesh of the Kyrgyz RepuЫic on Мау 26, 1998.