INTELLECTUAL PROPERTY SYSTEM OF KYRGYZSTAN

Creation and formation of intellectual property system in our republic as well as in other CIS countries are closely connected with the political and economic independence of the Kyrgyz Republic.

Intellectual Property Agency of the Kyrgyz Republic was established by the Regulation of the Government of July 15, 1993 as the Patent Department under the State Committee on Science and New Technologies. From January 1995 above-mentioned Department had been transformed into the Main Department of Intellectual Property of the Ministry of Education and Science of the Kyrgyz Republic.

Patent system of the Kyrgyz Republic has began functioned from the enactment of the “Temporary Provision on Industrial Property of the Kyrgyz Republic” of August 2, 1993.

There had been separate and few patent services of the enterprises, organizations, ministries and agencies as well as Patent Division of the State Patent and Technical Library with the uncompleted patent fund for the moment of Kyrgyzpatent creation. Moreover, the interests of inventors had been introduced by the rest of the Inventors and Innovators Society.

The first stage of development of the patent system is characterized by the establishment of patent attorneys institute. At the same time, Kyrgyzpatent has renewed the completion of the patent fund of the republic as well as prevented the collapse of the patent services of enterprises and organizations.

In the course of Kyrgyzpatent development it’s main tasks as well as functions in the field of intellectual property has become more complicated and difficult, particularly the following new functions are emerged: copyright protection for computer programs, database and topologies of integrated circuits; legal protection of selective achievements (plants varieties and animals breeds).

Formation of intellectual property system within the Kyrgyz Republic is aimed, at the first part, development of the core of this system as a state agency within the whole intellectual property complex. Therefore, the transformation of the Main Department into the State Agency of Intellectual Property under the Government of the Kyrgyz Republic (Kyrgyzpatent) pursuant to the Decree of the President of the Kyrgyz Republic as well as legalization of status of governmental body is the proof of priority of this field within the development of our society.

Thereafter, Kyrgyzpatent has began to fulfil the functions of the state agency on issues dealt with intellectual property as well as to pursue the unified state policy in the field of protection industrial property subject matters (inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, trade names) as well as copyright ones (scientific, literary and artistic works), related rights ones (performances, phonograms, stagings, broadcasts of broadcasting organizations), selective achievements ones (plants varieties, breeds of animals) as well as topologies of integrated circuits.

Structure of the Agency was developed to the extent of complication both tasks and functions. At present, there are 6 departments in Kyrgyzpatent, which include 21 divisions and sectors as well as innovative center “Tabylga” for patent-information and other services for both natural and legal entities in the field of intellectual property. For the purposes of public stimulation, creation and use intellectual property subject matters as well as promotion to the development of both technical and artistic activity the State Fund of Intellectual Property was established. At the same time, the State Patent and Technical Library was created on the base of the Republican Scientific and Technical Library since the completion of patent fund is one of the main tasks for effective development of intellectual property system as well as for encouraging scientific and technological progress in Kyrgyzstan.

For effective work with inventors and authors from south areas the Osh Regional Division of Kyrgyzpatent was established.

Furthermore, Kyrgyzpatent pays great attention to the development of legislative and legal-normative base in the field of intellectual property.

Nowadays, the following ten laws of the Kyrgyz Republic have adopted and put into effect in active part of Kyrgyzpatent:

• “Patent Law” of the Kyrgyz Republic;

• Law of the Kyrgyz Republic “On Trademarks, Service marks and Appellations of Origin”;

• Law of the Kyrgyz Republic “On Copyright and Related Rights”;

• Law of the Kyrgyz Republic “On Legal Protection of Computer Programs and Database”;

• Law of the Kyrgyz Republic “On Legal Protection of Topologies of Integrated Circuits”;

• Law of the Kyrgyz Republic on Legal Protection of Selective Achievements”;

• “On Trade Secrets”

• Civil Code Part II Section “Intellectual Property”;

• “On Service Inventions, Utility Models and Industrial Designs”;

• “On Trade Names”.

The following Drafts Law are developed:

• "On secret inventions, utility models and industrial designs";

• “On Patent Attorneys”.

In accordance with the package of all adopted Laws, Kyrgyzpatent prepared and affirmed both normative and methodical documentation concerning compilation of applications for filing to Kyrgyzpatent consideration.

Great attention is paid to the development of examination system of all industrial property subject matters. At the same time, experts qualification is increased permanently and information base for conducting of examination is completed. In future, it is planned to transform present appearance and control system of examination into the control system.

Furthermore, institute of experts, not on permanent staff, including more authoritative scientists and practical workers from various technical and scientific fields is put into operation.

It should be noted, that trademarks examination is conducted on the whole by the experts from the trademark and service mark examination division in view of local protect ability of this type of industrial property subject matters.

At present, Kyrgyzpatent received:

• applications for inventions, utility models and industrial designs - 1262, where from foreign applicants - 531 (approximately 42 %) including USA - 9%; France - 5%; Russia - 5%;

• applications for trademarks according to the national procedure - 5768, where from foreign applicants - 5266 (more then 91%) including USA - 39%, Great Britain - 12%, Germany - 9%, Japan - 5%;

• applications for trademarks according to the Madrid Agreement - 16262.

The number of protected:

• inventions, utility models and industrial designs - 617;

• trademarks according to the national procedure of the Madrid Agreement - 20792;

Total number of all protected industrial property subject matters is approximately 21409

The number of registered:

• license agreements and assignment agreements - 161;

• authors - 751;

• works - 7397.

Furthermore, applications for selective achievements, computer programs and database are considered.

Moreover, Kyrgyzpatent is carried out international cooperation activity according to the following lines:

• development of bilateral and multilateral relations with foreign patent offices, international and regional organizations;

• strengthening of relations with the World Intellectual Property Organization (WIPO);

• Kyrgyzpatent personal training abroad;

• participating in seminars, meetings, conferences in the field of intellectual property protection.

One of the basic directions in cooperation with CIS countries is cooperation within the framework of Interstate Council for industrial property protection and it’s working groups dealt with automation of information activity, exchange of patent information, legal issues. Kyrgyzpatent paid special attention to the drafting of multilateral agreement of CIS countries for the protection of inventions within the framework of Eurasian Patent Convention as the creation of unified patent space in the territory of CIS countries concerned is one of the important condition for rehabilitation of economic links with foreign countries.

In addition to the multilateral agreements, Kyrgyzpatent has signed bilateral intergovernmental agreements in the field of industrial property protection with Russian Federation, Kazakhstan, Uzbekistan, Armenia and Azerbaijan.

At the same time, fruitful cooperation is carried out with European Patent Office, particularly, exchange of patent information, EPO technical assistance, participating in seminars and training courses organized by the EPO.

Furthermore, Kyrgyzpatent is fulfilled close cooperation with the World Intellectual Property Organization (WIPO). From February 14, 1994 Kyrgyz Republic is the member of the World Intellectual Property Organization (there are 171 states accessed to the WIPO and to it’s 3 unions):

• Paris Union for Industrial Property (151 Member States);

• Madrid Union for the International Registration of Marks (49 Member States);

• PCT Union (Patent Cooperation Treaty, 98 Member States);

The instruments on accession to the following agreements have been deposited with WIPO Director General of September 10, 1998:

• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks;

• Locarno Agreement Establishing an International Classification for Industrial Designs;

• Strasbourg Agreement Concerning the International Patent Classification;

• Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks;

• WIPO Copyright Treaty (WCT) (1996).

In July 8, 1999 Kyrgyz Republic has accessed to the Berne Convention for the Protection of Literary and Artistic Works.

In 1995 under the aegis of the World Intellectual Property Organization (WIPO) an International Seminar for Industrial Property Protection took place in Bishkek and Cholpon-Ata. Furthermore, in 1996 under the aegis of the International Union for the Protection of New Varieties of Plants (UPOV) both International and National Seminars concerning the “Protection of Plants Varieties pursuant to the UPOV Convention” were organized. International Seminar for the Protection of Copyright and Neighboring Rights for Central Asian Countries took place in Bishkek, under the WIPO assistance in August 25-27, 1999. From November 2 to 5, 1999 the eight meeting of Administrative Council of Eurasian Patent Organization was organized in Cholpon-Ata. Moreover, Kyrgyzpatent employees take active part in international conferences, seminars, symposia in the field of intellectual property protection as well as in other important events organized under the aegis of WIPO.

At the same time, Kyrgyzpatent makes active work in personal training. The basic courses of personal training include two-year postal tuition in the Russian Intellectual Property Institute (RIPI) (at present, there are 11 Kyrgyzpatent employees graduated RIPI) as well as trainings in Offices of CIS countries (Rospatent, Kazpatent, Uzpatent) and in long-distance countries (Czech Republic, USA, Japan, Switzerland).

Further development of education level and training of specialists in the field of intellectual property is carried out through the interinstitutional department “Intellectual Property” under the Kyrgyzpatent.

One of the main tasks for the development of intellectual property protection system is an expansion of information infrastructure, e.g an opportunity to use World-Wide information in the field of intellectual property, automation of search process, filing and consideration of applications, publication, exchange and providing information to users.

Kyrgyzpatent patent-information activity includes:

• publication of Official Gazette “Intellectualdyk Menchik” (16 issues are published), descriptions of inventions and utility models registered in the State Register, annual reports (3 issues are published), magazine “Kyrgyzpatent Bulletin” as well as other normative and methodical publications;

• distribution of official Kyrgyzpatent publications in country and abroad. At present, publications are sent to more then 40 national and foreign patent offices;

• patent-information provision for office employees and users with patent documentation, normative, methodical and other materials;

• completion of patent fund.

At the same time, Kyrgyzpatent pays great attention to the automation and computerization problems:

• Systems for the management of database, examinations of inventions and utility models, examination of trademarks and industrial designs as well as State Registers have been created;

• Interior local network with automated work system for industrial property subject matters is operated;

• automated system for the registration of both authors and copyright subject matters is developed;

• conversion to the paperless technologies for filing and processing applications;

• within the framework of the WIPO program for creation global information network in the field of intellectual property certain activities are carried out for the public access to the World-Wide information databases through the world information systems;

• according to the European Community Program (TASIS) the regional CD-ROM product of CIS countries for patent information is planed to produce.

At present, there are 44 personal computers in Kyrgyzpatent, part of which is incorporated into the local office network over the Windows NT server. Technical services are provided with regard to the use CD-ROM discs received through the international exchange.

Patent system of the Kyrgyz Republic has emerged in the course of transition to the market relations. At the same time, Copyright and Related Rights system were developed on the basis of the All-Union Copyright Agency. Therefore, transition to the modernized copyright and related rights system in path to the new social and economic relations is extremely complicated. Kyrgyzpatent fulfils regulating of legal relations in this field to the new legal-normative base, stipulated by the Civil Code Part II and Copyright and Related Rights Law. For clarification certain provisions of copyright laws the authors, seminar was organized.

For the purposes of encouraging of inventive activity Kyrgyzpatent is carried out close cooperation with inventors and patent owners of the Kyrgyz Republic. For example, Kyrgyzpatent has organized two republican competitions “The best works in inventive activity” in 1997 and 1998 where the winners were rewarded with diplomas and cash premiums.

During the 1996-1998 Kyrgyzpatent took active part in Interoffice Commission aimed to access to the World Trade Organization (WTO), particularly Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Moreover, all laws in the field of intellectual property were brought into conformity with the WTO norms. From December 20, 1998 Kyrgyz Republic is the Member of the World Trade Organization.

One of the main tasks of Kyrgyzpatent is the further development of interoffice cooperation for repression of an infringements in the field of intellectual property. At present, Kyrgyzpatent fulfils certain activities for creation Interoffice Commission under the Government of the Kyrgyz Republic for repression of an infringements in the field of intellectual property including representatives of the following ministries and departments: Ministry of Internal Affairs, State Tax Inspection, State Custom Inspection, Arbitration Court, Public Prosecutors Office etc.

At the same time, Kyrgyzpatent is working out the National Program for the development of intellectual property system of the Kyrgyz Republic for 2000-2010.

Nowadays, we can be sure, that the roots of both legislative and information base in the field of intellectual property are formed in the Kyrgyzstan.