WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/KGZ/P/2
30 July 1999
(99-2923)
Council for Trade-Related Aspects
of Intellectual PropertyOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS
AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
KYRGYZ REPUBLIC
The present document reproduces the text1 of the Law on Legal Protection of Selective
Breeding Achievements, of 13 June 1998, as notifie d by the Kyrgyz Republic under Article 63.2 of
the Agreement (see document IP/N/1/KGZ/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
RÉPUBLIQUE KIRGHIZE
Le présent document contient le texte
1 de la Loi du 13 juin 1998 sur la protection juridique
des sélections végétales et animales, notifiée par la République kirghize au titre de l'article 63:2 del'Accord (voir le document IP/N/1/KGZ/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
REPÚBLICA KIRGUISA
En el presente documento se reproduce el texto1 de la Ley sobre la protección jurídica de
determinadas obtenciones genéticas, de 13 de junio de 1998, que la República Kirguisa ha notificadoen virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/KGZ/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/KGZ/P/2
Page 2
Bishkek
June 13, 1998 # 79
                             LAW
                   OF THE KYRGYZ REPUBLIC        On Legal Protection of Breeding Achievements
Section I. General provisions
Section II. Conditions for protectability of a breeding achievement and
application filing procedure for granting a patentSection III. Experts’ examination of a breeding achievement
Section IV. Registration of a breeding achievement and granting patents
Section V. Rights of the author of a breeding achievement
Section VI. Rights and obligations of a patent owner
Section VII. Protection of the patent owner’s rightsSection VIII. Invalidation of a patent and its annulment
Section IX. Licenses
Section X. Final provisions
     This Law shall regulate economic and personal non-
economic rights arising due to creation (exposure, raising),
exploitation and legal protection of a breeding  achievement
for which the patents of the Kyrgyz Republic are granted.
     The effect of the present Law shall extend to all botanical
and  zoological species, plant varieties and  animal  breedspursuant  to  the  list approved by the  Government  of  the
Kyrgyz Republic.
Section I
General provisions
Article 1.   Definitions
For the objectives of the present Law the following terms are used:
       The author of a breeding achievement (selectionist) - a
       person by whose creative labor a breeding achievement is
       created (exposed, raised);
       breed of animals -- a group of animals, which possesses
       genetically  conditioned biological and morphological       qualities and features, which are specific for a given
       category  of animals and differ it from other  groups
       regardless of protection. A breed may be represented by a
       female or male individual or pedigree material. Protected
       categories of the breed shall be: a type, factory line,       cross line and family;
       pedigree animal -- an animal, used for reproduction of
       a breed;
       pedigree material - a pedigree animal, its gametes or
       zygotes (embryos);
       breeding achievement - a variety of plants, a breed of
       animals;       protected breeding achievement - a variety of plants, a
       breed of animals, registered in the State Register of the
       protected breeding achievements;IP/N/1/KGZ/P/2
Page 3
       plant variety -- a group of plants within the frame of
       one and the same botanical taxon the lowest from the known
       classes,  which  may be determined  by  the  features
       characterizing a given genetic type or combination of
       genetic types and differs from other groups of plants of the       same botanical taxon by at least one feature, irrespective
       of whether it meets the conditions of protectability, may be
       considered indivisible from the point of view of  its
       usefulness in order to reproduce the plants of variety as a
       whole.     Protected categories of a plant variety shall be clone,
     line, hybrid of the first generation, population;
       seeds - generative and vegetative parts of plants which
       are used for reproduction of a plant variety;
       plant material -- a plant or its parts, used for a       purpose, other than reproduction of a plant variety;
       counterfeit  breeding achievement  -  a  breeding
       achievement, reproduction and (or) commercial use of which
       entails violation of exclusive rights of a patent owner.
   Article 2.  Legal protection of a breeding achievement
     The right for a breeding achievement shall be protected
by this Law and certified with a patent.
     The   patent   shall   certify   the   authorship    ofselectionist,  priority  of breeding achievement,  exclusive
right of the patent owner to use breeding achievement.
     The volume of legal protection for breeding achievement
provided by a patent shall be determined by the aggregate of
essential features in its description.
 Article 3. State regulation in the area of legal protection
                  of breeding achievements
     The   State  Intellectual  Property  Agency  under  the
Government  of the Kyrgyz Republic (hereinafter referred  to
as Kyrgyzpatent) shall exercise the state policy in the area
of legal protection of breeding achievements pursuant to the
present Law and execute the following function:
-   accept   for  consideration  applications  for  breeding
achievements;
-  provide  publication of applications for  granting  of  a
patent;
- provide their preliminary examination;- accept the decision to grant a patent or refuse to grant a
patent  on  the  basis  of  the results  of  examination  on
novelty, distinctiveness, similarity and stability;
-  carry out the state registration of breeding achievements
in  the State Register of protected breeding achievements of
the  Kyrgyz Republic (hereinafter referred to as  The  State
Register of protected breeding achievements);-  provide  official  publication of  information  regarding
protection of selection achievements;
-  grant patents, maintain their effectiveness and carry out
other  functions pursuant to the present Law and  Regulation
on  Kyrgyzpatent approved by the Government  of  the  KyrgyzRepublic.IP/N/1/KGZ/P/2
Page 4
       In  order  to  review  disputes  concerning  breeding
achievements,  the  Appellate Council is  being  established
under  Kyrgyzpatent.  Regulation  on  Kyrgyzpatent
shall  beapproved by Kyrgyzpatent.
     Ministry  of  Agriculture and Water  Resources  of  the
Kyrgyz  Republic shall establish the list of  botanical  and
zoological  varieties  and species  to  which  this  Law  is
applicable (hereinafter the List).
The  list shall be approved by the Government of the  KyrgyzRepublic.
     Ministry  of  Agriculture and Water  Resources  of  the
Kyrgyz   Republic  shall  put  forward  proposals   to   the
Government of the Kyrgyz Republic:- to add new varieties and species to the List;
- to change the names of varieties and species included into
the List;
- to delete from the List some varieties and species;
     When including a type or kind to the List, the Ministryof Agriculture and Water Resources may exclude all varieties
of  plants  of this type or kind which are not characterized
by  the  special   way of multiplication or reproduction  or
known final exploitation.
     If  types  or  kinds are deleted from  the  List,  suchdeletion   should  not  affect  the  rights  of   applicants
submitted  an  application for protection  of  varieties  of
plants  of   these  types or kinds prior  to  the  date  the
deletion is enforced.
     The  State Commission on Examination of Plant Varietiesof  Agricultural Crops under the Ministry of Agriculture and
Water Resources of the Kyrgyz Republic (hereinafter referred
to  as  State  Commission)  and the  State  Inspectorate  on
Pedigree  Work in Cattle Breeding and Monitoring of Pastures
under the Ministry of Agriculture and Water Resources of theKyrgyz  Republic (hereinafter referred to as State  Pedigree
Inspectorate)  are  the state bodies  and  pursuant  to  the
present Law shall carry out the following functions:
-  conduct  the  state  test of selection  achievements  for
novelty,   distinctiveness,  similarity  and  stability   oncontractual basis with Kyrgyzpatent;
-  maintain the State Register of district plants  varieties
of  the  Kyrgyz Republic and the State pedigree book of  the
Kyrgyz Republic;
-  issue  conclusions  on  admission  to  use  the  breedingachievement  in  production and carry  out  other  functions
pursuant to Regulations on them approved by the Ministry  of
Agriculture and Water Resources of the Kyrgyz Republic .IP/N/1/KGZ/P/2
Page 5
                         Section II
 Conditions of Protectability of a Breeding Achievement and
     Application Filing Procedure for Granting a Patent
   Article 4. Conditions of Protectability of a Breeding
                         Achievement
     The  patent  shall be issued to a breeding achievement,
which  is related to botanical and zoological varieties  andspecies,    and which meets criteria of protectability.
     Criteria for protectability of a breeding achievement
are:
     1) novelty;
     A  variety  of plants and a breed of animals  shall  be
considered  new, if on the date of filing of application for
issuance of a patent, the seeds or pedigree material of a given
variety or a breed had not been sold nor otherwise  transferred
to other persons by the selectionist,his/her  successor or withtheir consent,  for  the  use  of the breeding achievement:
-  on  the territory of the Kyrgyz Republic -- earlier  than
one year before this date;
-  on  the  territory of another state -- earlier than  four
years  or,  if  it concerns grapes, arboreal decorative  andfruit crops -- earlier than six years before the established
date.
     The novelty of breeding achievement is not lost if sale
of any material of a plants variety or a breed of animals is
carried  out  by  other persons before expiration  of  termsindicated in the present paragraph:
- in order to cause deliberate damage to the applicant;
- on execution the agreement on transfer the right to obtain
a patent;
-  in  the  course of execution the agreement on  which  thethird  party  provides additional supplies of  material  for
multiplication of a plants variety, breed of animal with the
consent  of an applicant under condition that such  supplies
are carried out under control of an applicant;
-  in  the  course of execution the agreement on  which  thethird party conducts field tests or laboratory researches or
minor control tests on assessment of a variety or a breed;
     2) distinctiveness
     Breeding  achievement  shall  meet  the  condition   of
distinctiveness if it obviously differs from any other plant
variety  or  a breed of animals which is well-known  on  the
date of filing an application.
     Breeding achievement may be well-known if it exists in
official catalogues, reference fund or has exact descriptionin  one of the publications, or the breeding achievement  is
included   in  the  State  Register  of  protected  breeding
achievements.IP/N/1/KGZ/P/2
Page 6
     Publicity  may  also  be  established  in  respect   of
breeding achievement:
-  which became a 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.
     3) similarity     Breeding  achievement  is  considered  as  meeting  the
condition of similarity if, with consideration of the  plant
multiplication   peculiarities,  the  animals   with   their
features are sufficiently similar.
     4) stability     Breeding achievement shall be considered stable, if its
main    features    remain    unchanged    after    repeated
multiplication,  or  in the event of  a  specific  cycle  of
multiplication, at the end of each cycle of multiplication.
Article 5.  Persons Who Have the Right to Submit an
              Application for Granting a Patent
     The   selectionist,  employer,  and   their   successor
(hereinafter  --  applicant) shall have  right  to  file  an
application  for  issuance of a patent  (hereinafter  -  the
application).
     If  the  breeding  achievement was  created,  grown  or
discovered  jointly by several people, they shall  have  the
right to file an application jointly.
     The  application  may  be  filed  via  a  trustee,  who
conducts business, dealing with receiving the patent,  basedon proxy.
     Natural or legal entities of the other states who  have
no  permanent residence in the Kyrgyz Republic shall conduct
a  business  in  order  to receive  a  patent  and  keep  ineffective  through the patent agents of the Kyrgyz  Republic
registered at Kyrgyzpatent, unless otherwise is provided  by
the international agreement of the Kyrgyz Republic.
The  employees of Kyrgyzpatent, the State Commission and the
State Pedigree Inspectorate shall not have the right to file
applications   for  issuance  of  a  patent   for   breeding
achievement  during  the whole term of employment  in  these
agencies.
  Article 6. Breeding Achievement Created in the Official
                            Order
     If   a  breeding  achievement  is  created  (grown   or
Discovered) in the course of execution of official  task  or
official  duties  the  rights to file an  application  shallbelong  to the employer unless otherwise is provided by  the
agreement between the selectionist and employer.IP/N/1/KGZ/P/2
Page 7
     A  breeding achievement shall be considered as  created
in  the official order if in the course of its creation  the
selectionist executed the duties:
- executed the duties due to his official position;
-  executed the duties with which he was specially entrusted
in order to create breeding achievement;
     If   an  employer  does  not  file  an  application  to
Kyrgyzpatent  or  does  not assign  the  right  to  file  an
application to another person, within four months as of  the
date  of notification made by a selectionist on creation  of
breeding achievement, the selectionist shall have the  right
to  file  an application or to receive a patent on  his  ownname. In this case the employer shall have the right to  use
breeding   achievement  with  a  payment   of   remuneration
established  on a contact bases to the patent  owner  -  the
author.
If   an   employee  creates  a  breeding  achievement  using
experience, material, technical and other facilities of  the
employer, but not while performing the duties or a tasks  of
an employer, a right to receive a patent shall belong to the
employee.  In this case an employer shall have a  right  forpriority use of a breeding achievement paying to an owner of
patent a compensation established on a contractual basis.
     Other relationships arising due to creation of breeding
achievement  bye  a  selectionist  are  regulated  bye   thelegislation of the Kyrgyz Republic
    Article 7. File of an Application to Grant a Patent     The  application to grant a patent shall  be  filed  at
Kyrgyzpatent. The application must contain:
- the application;
-  descriptive summary of a variety of plant, or a breed  of
animals;
- a document, which certifies payment of the established feefor submission of the application, or which exempts from the
payment  of fee for file of the application, or which  gives
grounds for decrease of  its amount.
     The  requirements to the indicated documents  shall  be
stipulated  in  the  Rules  on compilation,  submission  andreview  of application for breeding achievement (hereinafter
the Rules) established and approved by Kyrgyzpatent.
      The  application  must  be  related  to  one  breeding
achievement.
     Responsibility  for  correctness  of  the   information
submitted to Kyrgyzpatent shall be with the applicant.
     The documents of the application shall be presented  in
the  Kyrgyz  or  Russian languages.  If  the  documents  are
presented  in any other language, the application  shall  beattached  with  their  translation into  Kyrgyz  or  Russian
language.IP/N/1/KGZ/P/2
Page 8
     The date of receipt the documents by Kyrgyzpatent shall
be   considered  the  date  of  file  of  the   application,
stipulated by 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 a patent.
    Article 8. Denomination of the Breeding Achievement     Breeding  achievement  must have  a  denomination  with
indication of its gender affiliation.
     The denomination of the breeding achievement must allow
to identify it, be concise, differ from the denominations of
the existing breeding achievements of the identical or close
to  it  botanical and zoological gender. It must not consist
of   figures   only,  bring  to  confusion  in  respect   of
characteristics,  origin,  significance  of   the   breedingachievement,  selectionist's  personality,  and   must   not
contradict the principles of the public morality.
     Any  person  using the breeding achievement must  apply
denomination  under  which it was registered  in  the  Stateregister of protected breeding achievements.
     If  denomination of the breeding achievement  does  not
meet  the requirements of this Article, the applicant  shall
be  obliged  to  change it within the terms, established  byRules.  The  appropriate fee shall be paid if the  applicant
changes  denomination of breeding achievements  at  his  own
initiative
     A  variety  of  plants, a breed  of  animals  shall  be
presented in other countries under the same denomination.  A
competent  body  of  the other country  shall  register  the
presented  denomination of the breeding achievement,  unless
it decides that such a denomination is not acceptable in its
territory.  In this case it may require the selectionist  toprovide  another denomination.
     Any person offering for sale or distributing a breeding
achievement  on the territory of another country,  which  is
protected   on   the  indicated  territory  must   use   thedenominations  of this breeding achievement even  after  the
end  the  patent term or the right of selectionist  to  this
breeding achievement, unless the previously acquired  rights
do not prohibit such a use in accordance with paragraph 7 of
this Article.
     Previously  acquired rights of the third persons  shall
not  be  covered, provided that by virtue of the  previously
acquired  right, the exploitation of any denomination  of  a
variety of plants or a breed of animals is prohibited to the
person, who pursuant to paragraph 6 of this Article must use
it,   the   selectionist  is  obligated  to  submit  anotherdenomination for this plant variety or animal breed  at  the
requirement of Kyrgyzpatent.IP/N/1/KGZ/P/2
Page 9
     Denomination of selection achievement must not be  used
as a trademark.
                Article 9.  Priority Right     Priority of a breeding achievement shall be established
on  the date of file of an application to grant a patent  at
Kyrgyzpatent.
     In  the  event  Kyrgyzpatent  receives  two  (or  more)
applications to grant a patent for one and the same breeding
achievement  the  priority  shall  be  established  on   the
earliest  sending  of an application. If in  the  course  of
examination  it is established that these applications  havethe  same date of sending, the patent may be granted to  the
application  that has the earliest registration   number  of
Kyrgyzpatent.
     The   priority  of  a  breeding  achievement   may   be
established  on  the  date  of  submission  of   the   first
application  in  the foreign country with which  the  Kyrgyz
Republic   has   bilateral  or  multilateral   international
agreement  on  protection  of plants  varieties,  breeds  of
animals,  if  the  application was receipt  at  Kyrgyzpatentwithin 12 months as of the indicated date.
     An  applicant willing to use the right of  priority  on
the  basis of the first application must indicate it  during
submission of an application to Kyrgyzpatent. The copies  ofthe  initial application materials certified by the body who
has  received them as well as samples or another proof  that
this   breeding   achievement  is  the   subject   of   both
applications,  is one and the same one, shall  be  submitted
within three months.
     In the cases when the first application is suspended or
revoked  the  selectionist is provided with  the  sufficient
time  period  and the opportunity to present  any  necessary
information, documents or materials to Kyrgyzpatent requiredfor  examination purposes, within two years after expiration
of the priority and after such suspension or revocation.
                        Section III
            Examination of a Breeding Achievement
 Article 10.  Examination of the Application for Breeding
                         Achievement
     Examination of the application shall be carried out  by
Kyrgyzpatent  and shall include preliminary examination  and
examination  of  the  claimed breeding achievement  for  thecompliance with conditions of patentability.IP/N/1/KGZ/P/2
Page 10
 Article 11.   Preliminary Examination of the Application
                 for a Breeding Achievement
     Preliminary  examination of the  application  shall  be
carried  out within the term of 2 months after the  date  offiling  at  Kyrgyzpatent. In the course of  the  preliminary
examination  the date of priority shall be established,  the
necessary  documents shall be checked, and their  compliance
with  the established requirements of Rules and the  present
Law.  The  fee  shall be paid for execution  of  preliminaryexamination
     During  the  month  from  the  date  of  file   of   an
application  the applicant may add, clarify and  update  the
materials of the application at his own initiative.
      If  the application is submitted in violation  of  the
established  requirements to the form and  composition,  the
request  shall be sent to the applicant with the  suggestion
to  present corrected or missing materials within two monthsfrom the date of its receipt.
     In  the  course of preliminary examination Kyrgyzpatent
may  request the applicant to provide additional  materials,
the answer on which must be presented within two months.
     At  the request of an applicant, under the presence  of
valid   reasons   and   payment  of  an   appropriate   fee,
Kyrgyzpatent  may permit the extension of  the  term  of  an
answer  to the request, specified in paragraphs 3 and  4  ofthis Article  for six months.
     In  the  event  the  applicant  does  not  provide  the
requested   documents  or  the  request  to   prolong    the
established  term within the indicated term, the applicationis considered  revoked.
     If the applicant does not agree with the decision, made
on the results of the preliminary examination, the applicant
shall have the right to appeal the decision in the AppellateCouncil  within 3 months as of the date of the  receipt  the
decision.
     The order and terms for consideration of appeals by the
Appellate Council on the decision of preliminary examinationshall be established by Kyrgyzpatent.
      The  appropriate  fee shall be paid  for  file  of  an
objection to the Appellate Council on the decision to refuse
to grant a patent
     In  the  event  of  positive result of the  preliminary
examination,  the  applicant  shall  be  notified   of   the
acceptance  of  his/her  application  to  consideration  for
compliance with the terms of protectability.IP/N/1/KGZ/P/2
Page 11
        Article 12. Publication of an Application
     Kyrgyzpatent   shall   publish   information   on   the
application  in  the official bulletin no  later  than  four
months   after   completion   of  preliminary   examination.Kyrgyzpatent shall determine the content of information  for
publication.   After  publication  of  the  information   on
application  any person shall have the right to  familiarize
himself  with its materials. The appropriate fee is paid  in
order to familiarize with the materials of application.
     The  information on application is not published in the
cases  if  prior to termination of the publication term  the
decision to grant a patent for this application is  made  or
it  is  revoked or the decision on refusal to grant a patentis made which can not be appealed.
     The  author of a breeding achievement may refuse to  be
named as such in the publicized  information on application,
if he is not a patent owner.
 Article 13.   Provisional Legal Protection of a Breeding
                         Achievement
     For  the  period  from the date of publication  of  the
application  and to the date of issuance of the patent,  the
applicant  shall be given a provisional legal protection  of
the breeding achievement.
     After  receipt  of the patent, the patent  owner  shall
have  the  right  for  indemnification from  a  person,  who
committed  actions without the permission of  the  applicant
during  the  period  of provisional protection  of  breeding
achievements, indicated in paragraph 1 of Article 24 of this
law.
     Within the term of the provisional legal protection of
the  breeding achievement the applicant shall be allowed  to
sell or otherwise transfer seeds, pedigree materials, solely
for  experimental purposes, and in the events, when  sellingor  other  transfer  is connected with reassignment  of  the
right  to  the breeding achievement or production of  seeds,
pedigree material, by the order of the applicant or with the
purpose of creating a stock.
     If the indicated requirements stipulated by paragraph 3
of  the  present  Article are violated by the  applicant  or
another person, with his/her contest, the provisional  legal
protection shall be deemed not ensued.
   Article 14.  Examination of Compliance of a Breeding
                      Achievement with                 the Terms of Protectability
     In the course of examination of the declared breeding
achievement, protectability of a plant variety, a  breed  of
animal  shall be checked, the priority shall be  establishedif  it has not been established in the course of preliminary
examination.IP/N/1/KGZ/P/2
Page 12
     The  examination  shall include the  test  of  declared
variety of plants or a breed of animals for compliance  with
the  criteria  of  novelty distinctiveness,  similarity  and
stability  stipulated  by Article   4  of  this  Law  andconducted according to the methods and terms, established by
the  State  Commission  and the State Pedigree  Inspectorate
after the payment of fee for examination.
     In  the course of examination of a breeding achievement
for  novelty  the  claim of any interested person  shall  be
taken  into  account  submitted to Kyrgyzpatent  within  six
months  as of the date of publication of the information  on
application, pursuant to the Article 12 of the present Law.
     Kyrgyzpatent shall notify the applicant on the  receipt
of  a grounded claim with the description of the essence  of
this  claim. In the event the applicant does not agree  with
the  claim he has the right to submit motivated argument  to
Appellate Council within three months as of the date of thereceipt  the  notification.  The fee shall be paid for
submission and consideration of a claim.
     The Appellate Council shall make decision on the bases
of  available  materials and inform  the  interested  personabout it.
     If a breeding achievement  does  not  comply  with  the
criteria  of  novelty the decision on  refusal  to  grant  a
patent shall be made.
In  the course of assessment of the selection achievement on
distinctiveness,   similarity  and  stability,   the   State
Commission and the State Pedigree Inspectorate may base on:
-  the  results  of tests conducted on the  agreements  withlegal entities and natural persons of the Kyrgyz Republic or
competent organizations of foreign countries on testing of a
breeding  achievement  with which  the  Kyrgyz  Republic  is
connected  by virtue of bilateral or multilateral agreements
of protection of varieties of plants or breeds of animals;-   tests conducted by the applicant or on his assignment in
the Kyrgyz Republic or outside of its boarders.
     The   State   Commission   and   the   State   Pedigree
Inspectorate  may  request  the  applicant  to  provide  allnecessary  information, documents or pedigree  materials  as
well  as offer the applicant to provide special tests  of  a
variety of plant or a breed of animal.
     On the basis of the tests of a breeding achievement the
State  Commission and the State Pedigree Inspectorate  shall
make  a conclusion on compliance of the breeding achievementwith  the  conditions  of  protectability  and  compile   an
official description of a breeding achievement.
     In  the  course of technological development the  State
Commission  and the State Pedigree Inspectorate  shall  havethe  right  to add the description of a breeding achievement
any time during the period of patent effectiveness.IP/N/1/KGZ/P/2
Page 13
     On  the basis of the results of examination on novelty,
distinctiveness, similarity and stability, the materials  of
the  report and conclusion of the State Commission  and  the
State   Pedigree   Inspectorate   and   in   compliance   ofdenomination of a breeding achievement with the requirements
stipulated  in  Article 8 of the present Law,  Kyrgyzpatent
shall take a decision to grant a patent or refuse to grant a
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 of Examination
and Restitution of the Missed Time Limits
     When disagreed with the expert decision, the applicant
shall  be  entitled  to file a grounded complaint  with  theAppellate Council of Kyrgyzpatent within four months from
the  date  the  applicant is notified of  such  decision  on
his/her  application, or copies of the materials opposed  to
the   application   and  requested  by  him   and   complete
information  on  the  upshots of the tests.   The complaintshall  be  reviewed within four months from the date  it  is
received.   This review term may be prolonged in respect of
complex applications upon the consent of the applicant.  The
applicant  shall  be  entitled to personally  or  through  a
representative   participate  in  the  review   of   his/hercomplaint.
     The appropriate fee shall be paid for file of an appeal
to   the   Appellate  Council  against   the   decision   of
examination.
     The decision of the Appellate Council of Kyrgyzpatent
may be contested by the applicant in court within six months
from its adoption.
     The time limits stipulated in paragraph 3, 4, and 7 of
Article 11, paragraph 3 and 4 of Article 14, paragraph 1
of  this  article, Article 18 and paragraph 1  of  Article
29 of this Law that have been missed by the applicant may
be  reinstated  by  Kyrgyzpatent provided  there  are  solid
reasons therefor, and the dues are paid.
     A solicitation on the restitution of the missed time
limits  may be filed by the applicant no later then 6 months
after the missed time limits.IP/N/1/KGZ/P/2
Page 14
Section IV Registration of a Breeding Achievement and Issuance of a
                           Patent
  Article 16.  Registration of a Breeding Achievement and
                    Issuance of a Patent
      When the decision to grant a patent is made and the
corresponding fee is paid, Kyrgyzpatent shall  register  the
breeding  achievement  in the State  Register  of  protected
breeding achievements within two months.
      The fee shall be paid within two months from the date
the  applicant  receives  the  decision  of  examination  to
register  breeding achievement or within three  months  from
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  breeding
achievements shall be determined by Kyrgyzpatent.
     The patent to a breeding achievement shall be granted
by  Kyrgyzpatent in the name of the soliciting  entity.   If
there  are  several entities seeking the patent, they  shall
receive one patent.
     The patent to a breeding achievement shall be issued on
behalf of the Kyrgyz Republic and signed by the Director  of
Kyrgyzpatent.
     Kyrgyzpatent shall determine the format and the
composition of data to be indicated in the patent.
     Pursuant  to  Article  21 of this  Law,  Kyrgyzpatent
shall  issue  the  author certificate to  the  author  of  abreeding achievement who is not the patent owner.
     Correction  of  obvious and technical mistakes  in  the
issued  patent shall be effectuated upon the patent  owner's
request.
     In  the event of loss of a patent, a duplicate shall be
issued provided the corresponding fee is paid.
          Article 17.  Validity Term of a Patent     The  validity term of a patent to a plant variety shall
be  30  years, to a variety of grapes, arboreal  decorative,
fruit crops and forest trees, including their stocks as well
as  animal  breeds  shall  be 35  years  from  the  date  of
registration of declared a breeding achievement in the State
Register of protected breeding achievements.
            Article 18.  Patent Maintenance Fee     The  patent owner shall be obligated to pay annually  a
patent  maintenance fee.  The first year for the payment  ofthe  patent maintenance fee shall be the first calendar year
following the year of issue.IP/N/1/KGZ/P/2
Page 15
    Article 19.  Publication of Information on a Patent
     Kyrgyzpatent shall publish information on a  patent  in
its  official  bulletin  within six three  months  from  theregistration  date  in  the  State  Register  of   protected
breeding  achievements.  The  composition  of  data  to   be
published shall be determined by Kyrgyzpatent.
                 Article 20.  Patent Fees     Patent fees shall be levied for file of an application
for breeding achievement, conduct of examination, grant of a
patent, validity of a patent, extension of the term  of  its
validity  as  well as the performance of legally significantactions.
     The  Government of the Kyrgyz Republic shall  establish
the  list of actions for which these fees are levied,  theiramount  and  terms  of  payment,  as  well  as  grounds  for
exempting  from  such payments, decreasing their  amount  or
their refund.
      The fees shall be paid by the applicant, owner of  the
patent   or  any  legal  entities  or  natural  persons   to
Kyrgyzpatent, upon the agreement with him.
      All  means entered the account of Kyrgyzpatent in  the
form  of  fees including currency, payment for the  servicesand  materials shall be used by Kyrgyzpatent to cover  costs
related  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   ofpersonnel.
                         Section V
       Rights of the Author of a Breeding Achievement
       Article 21.  Author of a Breeding Achievement
     A natural entity who has engineered  (discovered or
grown)  a breeding achievement through his/her creative  work
shall  be deemed to be the author of a breeding achievement.If  several  natural entities participate  in  the  creation
(exposure or raise) of a breeding achievement, all  of  them
shall  be deemed to be co-authors.  The procedure to exploit
rights of co-authors shall be guided by an agreement between
them.
     Persons who have not made personal contributions to the
creation  (exposure  or  raise) of a  breed,  but  who  have
provided   the   author  (authors)  only   with   technical,
organizational  or financial assistance  or  who  have  only
contributed to the legalization of the rights to a  breeding
achievement are nit deemed to be co-authors.IP/N/1/KGZ/P/2
Page 16
     Misappropriation of the authorship of a breeder,
coercion  into  co-authorship  shall  entail  liability   in
accordance with the Legislation of the Kyrgyz Republic.
     The author of a breeding achievement shall hold the
right  of authorship that is inalienable personal right  and
is   protected  by  the  state  infinitely.    Disputes on
authorship shall be resolved in court.
      Disputes  between the patent owner,  who  is  not  the
author of a breeding achievement and the author, who is  not
the patent owner shall be resolved in judicial order.
     Kyrgyzpatent  shall issue the author's  certificate  to
each  author.   The  author certificate  shall  testify  theauthorship,  as  well  as  the  right  thereof  to   receive
remuneration  from  a patent owner for his/her  use  of  the
breeding achievement in question.
     In  the  event  of  loss  of an author  certificate,  a
duplicate shall be issued provided that the required fee  is
paid.
     Kyrgyzpatent  shall  determine  the  format   and   the
contents of the author certificate.
Article 22.   Remuneration to the Author of a Breeding
Achievement Who is not the Patent Owner
     The author of a breeding achievement shall be entitled
to  receive  remuneration from the patent owner for  his/her
exploitation of a breeding achievement grown (engineered  or
discovered) by the author within the validity term of his/her
patent. The amount and terms of payments shall be determined by
the agreement between the patent owner and theauthor.
     If an animal breed or a plant variety is grown, created
or  discovered by several authors, the remuneration shall be
distributed  among  them  based on the  agreement  concludedbetween them.
      If the agreement regarding the amount and the order of
remuneration  payment is not achieved by  the  parties,  the
dispute shall be settled in a judicial order.
                        Section VI
          Rights and Obligations of a Patent Owner
                 Article 23.   Patent owner     The right to obtain a patent shall belong to:
     -    the author (authors) of a breeding achievement;
     -    employer, in the cases stipulated by Article 6 of the
      present Law;
     -  their legal successor, including a person who received
      the appropriate right in the assignment order.IP/N/1/KGZ/P/2
Page 17
           Article 24.  Rights of a Patent Owner
      A patent owner shall have an exclusive right to use a
breeding achievement.
     The exclusive right of a patent owner shall mean the
right   to  conduct  or  permit  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;
     - import  to the territory of the Kyrgyz       Republic;
     - export from the territory of the territory of the
       Kyrgyz Republic;
     - storage for the purposes mentioned above.
     The right to a patent and the right to use breeding achievement,
coming from the patent may be  transferred  to any  natural person or
legal entity on the patent assignment agreement or licensing agreement.
     The permission from the patent owner is necessary in
order  to effectuate the operations provided in paragraph  1
of this article with the seeds or pedigree material, which:
     - inherit substantially the features of a protected
      (original) animal breed or plant variety, if these protected      breeds, in their turn, are not breeding achievements that
      significantly  inherit the features of other  breeding
      achievements;
     -    do not obviously differ from a protected animal breed
      or plant variety;
     -     require repeated use of a protected breed for the
      production of seeds.
     A   breeding  achievement  that  substantially  inherit
features    of   another   (original)   protected   breeding
achievement  shall  be deemed a breeding achievement,  which
under obvious difference from the original:
     -    inherits the most generally significant features of an
      original breeding achievement or of a breeding achievement
      that itself inherits significant features of an original
      breeding achievement retaining basic features reflecting
      genetic code or a combination of genetic codes of a breeding
      achievement;
     -    coincides with the genetic code or a combination of
      genetic codes of the original breeding achievement with the
      exception  of deviations caused by the application  of
      methods, like individualized selection from the original
      animal breed or plant variety, selection of an induced      mutant or genetic engineering.IP/N/1/KGZ/P/2
Page 18
Article 25.  Actions That are not Deemed Violations of the
Patent Owner's Right
     The following actions are not deemed to be infringement of
     the right of the patent owner:
     -    actions carried out for personal and non-commercial
      purposes (the use of new plant variety to re-produce in
      private gardens to be further consumed as food products);
     -     actions  carried out for experimental  scientific      research;
     -     exploitation of a protected animal breed or plant
      variety as the original (base) material to engineer a new
      breeding  achievement and with the exception of  cases
      provided by paragraph 4 of Article 24 of this Law, as well      as the actions provided in paragraph 1 of Article 24 of
      this Law in respect of other breeding achievements;
     -    use of the plant material engineered at an enterprise
      within two years as seeds to grow the variety within the
      territory of the enterprise. The list of varieties of plants      and animal breeds shall be determined by the Government of
      the Kyrgyz Republic;
     -    reproduction of tradable animals to be used at a given
      enterprise.
    Article 26.  Maintenance of a Breeding Achievement
     The patent owner shall be obligated to maintain a plant
variety  or  an  animal  breed within  the  entire  term  of
validity  of  a  patent in such a way that retains  featuresindicted in the description of the variety or a breed as  of
the  registration  date in the State Register  of  protected
breeding achievements.
     Upon  request of the State Commission, the patent owner
shall  be obligated to send seeds for test examinations  and
provide the conditions for inspections at place.  Also,  the
patent owner shall be obligated to provide pedigree material
for  in-field  testing when requested by the State  Pedigree
Inspectorate.
                        Section VII
           Protection of the Patent Owner's Rights
Article 27.  Liability for Violation of the Patent Owner's
                           Rights
     The  civil, administrative and criminal liability shall
commence upon violation of the rights of the a patent  owner
stipulated by the present Law.
     A  licensee may put forward claims against a  violator,
if appropriately provided in the licensing agreement.IP/N/1/KGZ/P/2
Page 19
     A natural or legal entity, who does not comply with the
requirements of this Law related to the exclusive rights  of
a  patent owner, and, inclusively, imports seeds or pedigree
material  in  the  Kyrgyz Republic  or  any  other  breeding
achievement without the patent owner's permission, shall  bedeemed a patent violator, and the breeding achievement shall
be found counterfeit.
     Breeding  achievements, imported in the Kyrgyz Republic
from  countries where these breeding achievements have neverbeen  protected or their protection has ceased, however  are
protected by this Law shall be deemed counterfeit.
   Article 28.  Protection of the Patent Owner's Rights
     The  patent  owner shall be entitled to demand  from  a
violator:
     a) recognition of the patent owner's rights;
     b) restoration of the status quo and eradication  of      actions violating the rights or threatening to violate them;
     c) indemnification of losses, including lost profit ;
     d) recovery of revenue gained by a violator in violation
      of the patent owner's rights instead of the indemnification
      of losses;     e) apply any other remedies provided by the normative
      legal acts related to the protection of the patent owner's
      rights.
     Remedies provided in items (c) and (d) of this  article
shall be used at the patent owner's discretion.
     The  patent owner shall be 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   be
subject to obligatory confiscation upon the decision of  the
court.  Confiscated counterfeit seeds and pedigree  material
shall be destroyed except for the cases of their transfer tothe patent owner upon his request.
     In  case  of  obvious evidence on a  violation  of  the
patent  owner's  rights, an investigation body  or  a  court
shall  be  obligated to undertake measures for a rescue  andarrest of the breeding achievement, which is suspected to be
counterfeit.
                        Section VIII
         Invalidation of a Patent and Its Annulment
           Article 29.  Invalidation of a Patent     Any  entity may apply to the Appellate Council  with  a
grounded  request  to  find a patent  invalid  within  three
months  from the date of its data publication.  Kyrgyzpatent
shall send a copy of the request to the patent owner, who isrequired  to  present a grounded reply within  three  months
from  the  date  of notification thereof.  A  fee  shall  beIP/N/1/KGZ/P/2
Page 20
levied  for  submission and consideration of the application
to find a patent invalid.
     The  Appellate  Council shall make a  decision  on  the
issue  within  six  months,  unless  additional  testing  isrequired.
     A patent shall be deemed invalid, if:     -    a breeding achievement did not meet the condition of
      novelty, similarity, stability and distinctiveness on the
      date of the patent was issued;
     -    the entity identified in the patent as its owner did
      not have any legal rights to receive the patent.
            Article 30.  Annulment of a Patent
     Kyrgyzpatent shall annul a patent, if:     -     the  patent  owner has failed to pay  the  patent
      maintenance fee in the established term;
     -    the patent owner has failed to provide seeds, pedigree
      material,  documents  and other information  to  check
      patentability of a breeding achievement requested by the
      State Commission and State Pedigree Inspectorate within the      established deadlines and failed to provide conditions for
      inspection of a breeding achievement at place;
     -     a  breeding achievement does not comply with  the
      conditions of similarity and stability
     Article 31 Appealing Against the Decisions of the
              Appellate Council of Kyrgyzpatent
     The decision of the Appellate Council to grant a patent
or  to  refuse  to  grant a patent, to consider  the  patent
invalid and the decision of Kyrgyzpatent to annul the patent
may be appealed in court.
                        Section IX
                          Licenses
Article 32.  Licensing Agreement     Under   a  licensing  agreement  (exclusive  and   non-
exclusive license), the patent owner (licenser) may transferthe  right  to  use a breeding achievement to another  party
(licensee)  within the contractual framework of  the  rights
transferred, time limits, territory and order of payments.
     When  a  non-exclusive  license  is  transferred  to  a
licensee,  the  licensee  shall have  the  right  to  use  a
breeding  achievement within the term and framework  of  thetransferred rights provided in the licensing agreement.  The
issuance  of  non-exclusive license  shall  not  hamper  the
licenser  from  issuing licenses to third  parties  or  from
his/her own using the breeding achievement in question.  The
license must not be transferred by the licensee to the thirdparties.   The licensee shall not be entitled to issue  sub-
licenses.IP/N/1/KGZ/P/2
Page 21
     When   the  exclusive  license  is  transferred  to   a
licensee,  the licensee shall enjoy the exclusive  right  to
use  a  breeding  achievement on the  negotiated  terms  and
within  the  stipulated territory and within the contractualtime  limit.  Under an exclusive license, the licenser shall
not  have  the  right  to  use the breeding  achievement  in
question  and  to issue licenses to third parties  within  a
given  territory.  The licensee shall have the  right,  upon
the terms agreed with the licenser, to issue sub-licenses tothird parties.
     Terms  of  a licensing agreement imposing limits  on  a
licensee  that  do  not  arise from the  rights  granted  to
him/her  by  the  patent  or which  are  not  mandatory  forretaining the patent shall be deemed void.
     A licensing agreement as well as an agreement of patent
concession provided in paragraph 2 of Article 24  of  this
Law  shall  become  invalid after  their  registration  withKyrgyzpatent.   A corresponding fee shall be  paid  for  the
registration  of a licensing agreement as well  as  for  the
registration of an agreement of patent concession.
                 Article 33.     Open License     The  patent owner may publish in the official  bulletin
of  Kyrgyzpatent  that his/her breeding achievement  may  be
used  by  any  entity  from the date  the  patent  owner  is
notified  thereof,  provided he/she receives  the  announcedfees.
     The  amount  of  the patent maintenance  fee  shall  be
decreased  by  50% from January 1 of the year following  the
year an open license announcement appears.
     Kyrgyzpatent  shall  enter in  the  State  Register  of
protected breeding achievements a record on the open license
announcement and indicates the amount of payments required.
     Kyrgyzpatent shall enter a record in the State Register
of protected breeding achievements on the termination of the
open  license  announcement upon a  petition  filed  by  the
patent owner with the consent of other open license-holders.
      A  corresponding fee shall be paid for  filing  of  an
application on termination of the effectiveness of the  open
license and publication of the information on termination of
the  effectiveness  of  the open  license  in  the  official
bulletin.
              Article 34.  Compulsory License     In  the  event  of  non-use or insufficient  use  of  a
breeding achievement by a patent owner of the person to whom
the  rights are transferred within three years from the date
of  patent  issuance, a person willing and prepared  to  usethis  breeding achievement, in the event of refusal  of  the
patent  owner  to  enter into a licensing agreement  on  theIP/N/1/KGZ/P/2
Page 22
conditions  that  are  in compliance  with  the  established
practice,  shall have the right to apply to court soliciting
a   compulsory   license  to  use  the  indicated   breeding
achievement.
      In the event the patent owner fails to prove that non-
use  or  insufficient  use  of  a  breeding  achievement  is
conditioned  by  valid reasons, the court  shall  grant  the
indicated license determining the limits of its use,  amount
and  order  of  payment.  The  amount  of  payment  must  beestablished  not  less  than  the  price  for  the   license
determined in accordance with the established practice.
     Under  a compulsory license, the licensee shall receive
the right to use a breeding achievement within the frameworkof non-exclusive license.
     The  court may obligate the patent owner to provide the
licensee  with multipliable material in the amount necessary
to effectively use the compulsory license in exchange for  acommensurate remuneration to the patent owner on  acceptable
conditions.
     A  compulsory license must be issued in the presence of
the following conditions:
     -    the compulsory license applicant is in a financial,
      technical and scientific position to effectively use the
      rights of the patent owner;
     -    the patent owner refuses to authorize the compulsory      license  to  the applicant to re-produce or  trade  in
      multipliable material of a breeding achievement to suffice
      the  public needs or is not prepared to give  such  an
      authorization on acceptable terms;
     -    no grounds for the patent owner not to authorize such      use of a breeding achievement as necessary;
     -     the application to grant a compulsory license was
      received after three years from the date of publication of
      the information on the issuance of a patent.
     The  term  of a compulsory license shall be established
by the court.
      Compulsory license may be revoked upon the decision of
the  court  in the event if the owner of compulsory  licenseviolates the conditions under which it was granted.
       The  information  on  compulsory  license  shall   be
published in the official bulletin and entered to the  State
Register of protected breeding achievements.
       The  licensee  shall  pay  an  appropriate  fee   for
registration  and  publication of  the  information  on  the
issuance of compulsory license in the official bulletin.IP/N/1/KGZ/P/2
Page 23
                         Section X
                  International Cooperation
   Article 35. The Right to File an Application in Other
                           States
     An   applicant  shall  have  the  right  to   file   an
application  soliciting protection of a breeding achievement
with  competent  bodies  of another state.   An  application
filed in other country must be registered at Kyrgyzpatent.
     All expenses related to the protection of the rights to
a  breeding achievement outside the Kyrgyz Republic shall be
with the applicant.
Article 36. Rights of Foreign Nationals and Legal Entities
     Foreign  natural  and legal entities  shall  enjoy  the
rights  provided in this Law equally with natural and  legal
entities  of  the Kyrgyz Republic by virtue of internationalagreements  of  the  Kyrgyz Republic  or  on  the  basis  of
reciprocal principal.
   Article 37. Effectiveness of International Agreements
     If  international  agreements of  the  Kyrgyz  Republic
provide  other rules than those set forth in this Law,  than
the rules of international agreements shall be applied.
                        Section XI
                      Final Provisions
  Article 38. Control Over Import and Export of Breeding
                        Achievements
     The   control  over  import  and  export  of   breeding
achievements  registered in the State Register of  protected
breeding  achievements  shall be effectuated  by  the  State
Customs  Inspection  under  the  Government  of  the  KyrgyzRepublic.
  Article 39.  Legal Treatment of certificates, author's
   certificates to breeding achievements registered by the   State Committee of the USSR on invention and discovery
                           affairs
       The   effectiveness  of  certificates  and   author's
certificates  to  a breeding achievement registered  by  the
State  Committee  of  the USSR  on invention  and  discovery
affairs  shall be recognized in the territory of the  KyrgyzRepublic.
     The owners of certificates and authors' certificates to
varieties  of  plants on which the term of 20 years  is  not
expired and to a variety of grapes, arboreal decorative, andforest  trees,  as well as animal breeds 25  years  term  of
protection from the date of file of an application  shall beIP/N/1/KGZ/P/2
Page 24
granted  the right to request for their exchange to  patents
of  the  Kyrgyz Republic. The request shall be submitted to
Kyrgyzpatent.  The order of submission and review of the
request shall be determined by the Rules.
     The applications to grant the authors' certificates to
a new  plant  variety  or a breed of  animal  filed  before
implementation of the present Law, on which the testing  has
been  conducted  by the State Commission and State  Pedigree
Inspectorate  and the decision to allow their use  has  beenmade, the applicant is entitled to request to grant a patent
to  the  breeding achievement of the Kyrgyz Republic,  under
condition that this breeding achievement complies  with  the
requirements of protectability pursuant to the present Law.
     The  request  to  grant a patent  shall  be  filled  to
Kyrgyzpatent   within   12   months   from   the   date   of
implementation of the present Law.
     The  applications on which  requests submitted  in
the  established term, as provided in paragraph  3  of  the
present Article,   shall  be  considered  pursuant  to   the
order established by this Law and the Rules, without claiming
the requirement  of  novelty  to this  breeding  achievement in
accordance with Article 4 of this Law.
     The patents of  the  Kyrgyz Republic  to  a  breeding
achievement   granted   on   the   requests   to    exchange
certificates, authors' certificates shall be effective  from
the date of registration of the declared breeding achievement inthe  State  Register of protected breeding achievements  and
before  expiration of 20 years term for plant varieties  and
25  years term for a variety of grapes, arboreal decorative,
and forest trees, as well as animal breeds form the date  of
file the application.
         Article 40. Enforcement of the present Law      1.  Enforce the present Law from the date of its publication. (“Erkin
Too”, June 26, 1998, #81-82)
      2. Within the three months period after publication of
the  present  Law,  the Government of  the  Kyrgyz  Republic
shall:
     - approve the list of botanical and zoological species,
       plant  varieties and animal breeds which will  be  protected
       in accordance with the present Law;
     - bring  the prior decisions adopted by the Government of  the
       Kyrgyz Republic to the compliance with the present Law.
The President of the Kyrgyz Republic    A. Akaev
Adopted by the Legislative Assembly
Of the Jogorku Knesh of the Kyrgyz Republic        May 26, 1998
                              __________