WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/KGZ/C/1
IP/N/1/KGZ/I/1
30 July 1999
(99-3249)
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 Civil Code, Part 2, of 5 January 1997, as
notified by the Kyrgyz Republic under Article 63.2 of the Agreement (see document IP/N/1/KGZ/1).
Conseil des aspects des droits de propriété
intellectuelle 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 texte1 de la Partie 2 du Code civil, du 5 janvier 1997, notifiée
par la République kirghize au titre de l'articl e 63:2 de l'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 del Código Civil, Parte 2, de 5 de enero
de 1997, que la República Kirguisa ha notificado en 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/C/1
IP/N/1/KGZ/I/1
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SECTION V. INTELLECTUAL PROPERTY
Chapter 53. General provisions
Article 1037.  Objects of  intellectual property
Objects of intellectual property shall include:
1)  results of intellectual activities:
works of science, literature and art;performances, phonograms, programs of a broadcasting organization;programs of computer software and databases;integrated circuits topographiesinventions, utility mode ls, industrial designs;
breeding achievements;undisclosed information, including secrets of production (know-how);
2) means of individualization of  participants of the civil turnover, goods, works and
services;
trade names;trademarks (service marks);appellations of places of origin of goods;
3)  other results of intellectual activity and means of individualization of participants of
civil turnover, goods, works and services in th e cases stipulated by this Code or other
laws.
Article 1038. Legal protection of intellectual property objects
Legal protection of intellectual property objects arises due to the fact of their creation
or as a result of rendering legal protection by an authorized state body in the cases and in theprocedure stipulated by this Code and by other statutes .
Article. 1039.  Personal economic and non-econo mic rights to the ob jects of intellectual
property
1. Authors of the results of intellectual activity shall have pe rsonal non-economic and
economic rights in respect of these results.
Personal non-economic rights sh all belong to the author irrespective of his economic
rights and shall be retained by him in the case when his economic rights to the results ofintellectual activity are transferred to another person.
2. Owners of the right to the means of i ndividualization of par ticipants of civil
turnover, goods, works or services (hereinafter  referred to as “individualization means”) shall
have economic rights in respect of these means.IP/N/1/KGZ/C/1
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3. The right of authorship (the right to be recognized as the author of intellectual
activity result) shall be a pe rsonal non-economic right and may belong only to the person
who created the result of intellectual activity.
The right of authorship shall be  inalienable and non-transferable.
4.If the result is created by joint creative labor of two or more persons, they shall be
considered co-authors.
Article. 1040.   Exclusive rights to the objects of in tellectual property
1. The owner of economic rights to the result of intellectual activity or
individualization means shall enjoy the exclusive right to make legal use of this object ofintellectual property at his di scretion in any form and way.
Use of intellectual property objects by othe r persons in respect of which the owner of
the right enjoys the exclusive right, shall be permitted only upon the consent of the owner of
the right.
2. The owner of the exclusive right to the intellectual property object shall have the
right to delegate the right to another person fully or partially, to authorize another person touse an intellectual property object and to enjoy the right to dispose  it at his discretionprovided it does not collide with the rules of this Code and other laws.
3.  Limitation of the exclusive rights, including the cases of doing it through rendering
possibility to use intellectual property objects by other persons, recognition of these rights tobe ineffective and their annulment (cancellation), shall be permitted in the cases, limits andprocedure stipulated by this Code and other laws.
Limitation of the exclusive rights shall be permitted provided that such a limitation
does not cause damage to the normal use of an intellectual property object and does not
infringe the legitimate interests of the right owners.
Article. 1041.   Transfer of the ex clusive rights to  another person
1. The economic rights belonging to an owner of the exclusive rights to an intellectual
property object, if it is not stipul ated otherwise by this Code or  other laws, may be transferred
by the owner of the right fully or partially to another person on the basis of a contract as well
as transferred on inheritance or in the procedur e of succession in the course of reorganization
of a legal entity - right owner.
2. The transfer of economic rights on a contractual basis or their transfer in the
procedure of universal legal succession does not entail transfer or limitation of the right ofauthorship and other personal non-economic rights . The terms of the contract on transfer or
limitation of such rights are void.IP/N/1/KGZ/C/1
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The exclusive rights that are being transferred according to the contract, shall be
defined in it. The rights which are not specified in the contract as alienable shall be assumedto be not transferred because otherwise has not been proved.
The rules of licensing agreement shall be  applied to a contract, which stipulates
granting of the exclusive right within the term of its effectiveness, to another person for alimited period of time.
Article. 1042.   Licensing agreement
1. According to the licensing agreement the party which holds the exclusive right to
the result of intellectual activity or means of individualization (licenser) shall grant to otherparty (licensee) permission for the use of  a certain object of intellectual property.
The licensing agreement shall be assumed to be compensable.2. The licensing agreement may stipulate the following to be granted to a licensee:the right to use an object of intellectual property with the right of a licenser to use it
and the right to grant the license to  other persons (non exclusive license);
the right to use an object of intellectual property with the right of a licenser to use it
within the part not transferred to the li censee to other persons (exclusive license);
other types of license allowed by the law.Unless otherwise provided in the licensing agreement, the license shall be presumed
to be (non exclusive).
3. An agreement under which a licensee grants the right to use the object of
intellectual property to another person is considered to be sub-license agreement.  The
licensee has the right to conclude a sub-license agreement in the cases stipulated by thelicensing agreement.
Responsibility to the licenser for actions of a sub-licensee shall be carried by the
licensee unless the licensing agreement stipulates otherwise.
Article 1043.  The Agreement on  Creation and Use the Resu lts of Intellectual Activity
1. According to the agreement on creation and use the results of intellectual activity
the author may assume an obligation to create in the future a work, invention or other resultof intellectual activity and grant to the client, who is not his employer, the exclusive rights touse this result.
Such an agreement must determine the nature of the result of intellectual activity
which is subject to creation, as well as purposes or methods of its use.IP/N/1/KGZ/C/1
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2. An agreement binding the author to grant to any person the exclusive rights to use
any results of intellectual activity, which this author will create in the future shall be deemedvoid.
Conditions of the agreement on creation and use the results of intellectual property
limiting the author to create the results of intellectual activity of certain type or in certain areain the future shall be deemed void.
Article 1044.  The Exclusive Right and Property Right
The exclusive right to the result of intellectual property or means of individualization
shall exist irrespective of property right to the material object in which such result or meansof individualization are expressed.
Article 1045.  Effective Term of the Exclus ive Right to the Obj ects of Intellectual
Property
1. The exclusive right to the objects of intellectual activity shall be effective for the
term established by this  Code or other laws.
2. Personal non economic rights in respect of objects of intellectual property shall be
effective without time-limits.
3. In the cases stipulated by the law, validity of the exclusive right to the objects of
intellectual property may be terminated in the result of failure to use it within certain period.
Article 1046.  Methods of Protection of th e Exclusive Rights to the  Objects of
Intellectual Property
1. Protection of the exclusive rights to the objects of intellectual property is
implemented by the methods stipulated in Article  11 of this Code. Protection of the exclusive
rights may be implemented by the following methods:
withdrawal of material objects with the help of which the exclusive rights are violated
and material objects created in  the result of such violation;
obligatory publication on the violation committed, with the inclusion of the
information as to who owns the violated right;
other methods stipulated by the law.2. In the case of violation the agreement on creation and use the results of intellectual
activity and means of individualization, genera l rules on the responsibility for violation of
obligations sha ll be applied.IP/N/1/KGZ/C/1
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Chapter 54.  Copyright
Article 1047.  Works Protected by Co pyright (Objects of Copyright)
1. The copyright shall extend to the works of science, literature and art which are the
result of creative activity, irrespective of the purpose, the merit and the manner of expressionthereof.
2. The work must be expressed in verbal, written or other objective form allowing the
possibility of its perception.
The work in the written or otherwise expressed in a material carrier (manuscript,
typewritten, musical score, recording with the help of technical means, including audio orvideo recording, fixation of the imprint in th ree dimensional or optical form, etc.) shall be
deemed to have an objective form irrespective of its availability to the third persons.
Verbal and other work not expressed in a material carrier shall be deemed to have an
objective form if it became available for per ception by third persons (public recitation, public
performance, etc.).
3. The copyright shall extend both to promulgated and non-promulgated works.
4. The copyright shall not extend to ideas, procedures, methods, concepts, principles,
systems, proposed solutions, discoveri es of objectively existing phenomena.
5. No registration of work or observation of any other formalities shall be required for
a copyright to emerge.
Article 1048.  Types of Objects of Copyright
The following shall be referred to the objects of copyright:
• literary works (literary - ar tistic, scientific, educational, publicistic and etc.);
• dramatic and scenario works;
• musical works with text and without it;
• music-dramatic works;
• choreographic works and pantomime;
• audiovisual works (cinema, television and video films, slide films and other cinema,
television and video works), radio works;
• works of painting, sculpture, graphics, design and other works of fine arts;
• works of applied art and stage designs;
• works of architecture, urban planning, garden and park designs;
• photographic works and works obtained by way analogous to photography;
• geographical, geological and other maps, pl ans and sketches and other works related
to geography, topography and other sciences;
• computer software programs of all types including applied prog rams and operational
systems;IP/N/1/KGZ/C/1
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• other works complying with the requireme nts established in Article 1047 of this
Code.
Article 1049. Parts of a work, d erivative and composite works
1. The objects of copyright shall be deemed parts of works, their designations and
derivative works which meet the requirements established in Article  1047 of this Code.
The derivative works are works that presen t re-works of other works (translations,
processing, annotations, abstracts, resumes, surv eys, screen versions, arrangements and other
similar works of science, literature and art);
Composite works shall include compilations (encyclopedias, anthologies) and other
composite works that present the result of creative labor due to their set and arrangement.
2. Derivative and composite works shall be protected by copyright irrespective of
whether or not the works, on which they are based on or which they include, are the objects
of copyright.
Article 1050.  Works and Similar Results of Activity Which are not Objects of
Copyright
The following shall not be deemed to be objects of copyright:
• official documents (laws, reso lutions, decisions, etc.), as well as official translations
thereof;
• official symbols and signs (fl ags, emblems, armorial bearings, monetary signs, etc.);
• works of folklore;
• information on daily news or information on current events which are of the common
press nature;
• results gained with the help of technical means for production of a work of a certain
type, but without creative activity of a man dire ctly intended to create an individual work.
Article 1051.  Rights to the drafts of official documents, symbols and signs
1. The right of authorship to a draft of offi cial document, symbol or mark shall belong
to an individual who develope d the draft (the developer).
Developers of the drafts of official docum ents, symbols or marks shall have the right
to publish such drafts if this is not prohi bited by the body on whose order the draft was
developed. Developers have the right to sp ecify their names when publishing the draft.
2. A draft may be used by a competent bod y to prepare an official document without
developer’s consent if the draft was publis hed by him and sent to a relevant body.
In the course of preparation the official  documents, symbols and marks on the basis of
a draft, amendments and addenda may be introdu ced into it at the discretion of the body who
prepares the official doc ument, symbol or mark.IP/N/1/KGZ/C/1
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After the draft is approved by a competent body, it may be used without indication the
name of developer.
Article 1052.  The Author of a wo rk. Presumption of authorship.
1. A citizen by whose creative labor the work  is produced, shall be recognized as an
author of the work.
A person, whose name is specified as an au thor’s name at the first publication of a
work, shall be considered its au thor unless otherwise is proved.
2. Where a published work is anonymous or pseudonymous (except for the cases
when the author’s pseudonym leaves no doubt in  his identity) the publisher, whose name is
indicated on the work, unless proved otherw ise, shall be considered the author’s
representative and have the right to defend a nd enforce the author’s rights. This provision
shall remain in force until the author of such a work discloses his identity and claims hisauthorship.
Article 1053.  Co - authorship
1. The copyright to the work, created by joint creative labor of two or more citizens,
shall belong to co-authors mutually, irrespective of whether such a work constitutes anindivisible whole or consists of  the parts each of which also  has an independent standing.
Part of a work shall be recognized as havi ng its independent standing if it can be used
independently from other parts of this work.
Each of the co-authors shall have the right to use part of the work created by him and
having its independent standing at his discretion, unless othe rwise is stipulated
by the agreement between them.
2. As a rule the relations between the co-authors are determined on the basis of the
agreement. If there is not such an agreement, the copyright to the work shall be exercised by
all the authors jointly and the remuneration shall be distributed among them equally.
If the work of co-authors forms an indivi sible whole, none of the co-authors shall be
entitled to prohibit the exploitation of  the work without valid reasons.
Article 1054. The Authors of D erivative and Composite Works
1. The authors of derivative and composite wo rks shall be considered the persons who
processed other works, translators, compilers of collections and other composite works that
present the result of creative labor due to the set or arrangement.IP/N/1/KGZ/C/1
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The author of a derivative and composite work shall enjoy the copyright to such a
work provided that he observes with the rights of the author of the work which was subject to
processing, translation or incor poration into a composite work.
2. The copyright of creators of derivative and composite works shall not prevent other
persons from creating their own derivative works on the basis of the works used previously.
Article 1055.  Rights of Person s Organizing Creation of Works
1. Persons who organize creation of works (encyclopedia publishers, film makers,
producers, etc.) shall not be recognized as aut hors of the appropriate wo rks. However, in the
cases stipulated by this Code or other laws, su ch persons shall acquire the exclusive rights to
use these works.
2. Publishers of encyclopedia, encyclope dic dictionaries, periodical and continuos
collections of scientific work s, newspapers, magazines and ot her periodicals shall enjoy the
exclusive right to use these publications. The publisher has the right to specify his name orrequire such specification at any use of such publication.
3. The authors of the works included into such publications shall retain the exclusive
right to use their own works irrespective of the publication in whole, unless otherwise isstipulated by the agreement to create the work.
4. Conclusion of the agreement to create an audio-visual wor k, including a movie,
does not entail transfer of the exclusive right from the author of the work to the producer to
reproduction, distribution, public performance, cable communication for public information,
broadcasting or any other public use of the pr oduct, subtitling or dubbing of the text of the
movie, unless otherwise  is stipulated by the agreement. The rights mentioned shall be inforce for the term of validity of a copyright to an audio-visual work.
Producer of an audio-visual work shall ha ve the right to specify its (his) name or
demand such a specification at any use of this work.
At a public display (show) of an audio-vi sual work the author of a musical work
(either with text or without it)  shall retain the right to rem uneration for public performance of
his musical work, unless the agreement provides otherwise.
 Destruction of the final version of the m ovie (original, negative) without consent of
the author and other holders of economic rights to a movie shall be prohibitedIP/N/1/KGZ/C/1
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Article 1056.  The Mark of  Protection Copyright
1. In order to inform about his rights, the owner of the exclusive copyright may use a
copyright protection mark on each copy of the work. The mark consists of three elements:
the Latin letter “C” in a circle;
the name of the holder of the exclusive copyright;the year of the first publication of the work.
2. A person specified on the copyright protecti on mark shall be deemed to be the right
holder, unless proved otherwise.
Article 1057. Personal non-econo mic rights of  the author
1. The author of a work shall have th e following personal non-economic rights:
• right of authorship;
• right to the name;
• right to promulgation including the right to revoke;
• right to work inviolability;
2. The agreement of the author with so mebody and application of the author on
revocation of personal non-econo mic rights shall be void.
Article 1058. Right of Authorship
The right of authorship to created work that belongs to an author (co-authors) shall
exclude acknowledgment of authorship of other persons to the same work.
Article 1059. Righ t to the Name
The author shall have the exclusive right to  use or authorize the use of the work under
his name, pseudonym or anonymously (right to the name).
Article 1060. Right to invi olability of the work
1. The author shall have the exclusive right to introduce amendments and addenda to
his work and to protect his work from th e introduction of amendments and addenda by
somebody without consent of the author (right to inviolability of the work).
In publishing, public performance or other use of a work any amendments may be
introduced to the work itself as well as its name and the author’s name only with the consentof the author.
It shall be prohibited to include illustrations, prefaces, epilogues, comments and any
other explanations in the work w ithout the consent of the author.IP/N/1/KGZ/C/1
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2. After the death of an author the inviolability of the work shall be provided by the
person indicated in the will and in the absence of such indications - by the heirs of the authoras well as the persons responsible for protec tion of copyright in accordance with the Law.
Article 1061. Right to Promulgation of a Work
1. The author shall have the right to open an access to the work for an indefinite group
of people (right to publication).
2. The work shall be deemed promulgated when the access to the work for an
indefinite group of people is opened for the fi rst time by the author or under his consent by
means of publication, public perf ormance, public demonstration of the work or its issuance
otherwise.
The author shall have the right to refuse from the previously made decision on
promulgation of the work (right to revoke) und er condition that the losses, including lost
profits caused to the persons entitled to use the work, are covered. If the work waspromulgated the author must publicly inform a bout its revocation. He shall have the right to
withdraw from circulation the earlier produced c opies of the work at his own expense. These
provisions shall also apply to the work pr oducts unless the agreement with the author
stipulates otherwise.
Article 1062. Author’s Right to Use a Work
1. An author shall have the exclusive righ ts to use the work in any form and way.
2. The use of a work shall be considered  its reproduction and distribution, as well as
its sale in other ways, that, in particular shall include:
• public demonstration (exhibiti on, display) of the work;
• renting of a copy which is the material carrier of the work;
• public performance of the work;
• transmission of the work to air (broadcast by radio or TV) including transmission via
cable or satellite;
• technical record of the work;
• reproduction of technical record of the work including by radio or television;
• translation or re-doing of the work for its further use;
• practical implementation of  urban planning, architectural and design project.
Reproduction shall be considered repeated creation of an objective form of the work
at least the one it had in the original form (pub lication of the work, copying of audio or video
records etc.).
The distribution of the work shall incl ude the sale, exchange, rent and other
operations with copies of the work.IP/N/1/KGZ/C/1
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3. When the copies of the work are alienate d legally, their further distribution shall be
allowed without consent of the author and w ithout payment of author’s remuneration, except
for the cases stipulated by the Law.
4. The work shall be deemed used irrespective of whether it is used in order to get
income (profit) or it is not the purpose of the use.
5. The practical application of principles composing the content of a work (invention,
technical, economic, organizational and other similar solutions) shall not be deemed as theuse of a work in terms of copyright.
Article 1063.    Disposal of  the Right to Use a Work
1. The author or other owner of the right may transfer all the rights to use the work to
another person in accordance with the agreem ent, including the one concluded at public
auctions (alienation of the right to use).
2. The right to use the work shall be transferred in accordance with the procedure of
universal legal succession.
3. The right-holder may grant the permission (license) to another person to use the
work within certain limits. The permission is required to use the work both in the original andrevised version, in particular- in the form of translation, arrangement, etc.
4. Every method of use of the work require s special permission of the right holder.
Article 1064. Limits of Copyrights
The exclusive rights of the author and othe r persons to use the work shall be allowed
only in the cases stipulated by Article s 1065-1068 of this Code or other Laws.
The indicated restrictions shall be applie d under condition that it neither damages the
normal use of the work nor unreasonably infr inges the legal interests of the author.
Article 1065. Reproduction of A lien Work for Personal Purposes
1. The alien work which was publicly releas ed shall be allowed to use for personal
purposes without consent of the author and without payment of author’s remuneration
provided that the normal use of the work is not  damaged and the legal interests of the author
are not infringed.
2. The rules of the first paragraph of this Article shall not apply in relation to:
• the use of architectural works in the form of buildings and similar structures;
• the use of data bases or their significant parts;
• the use of computer software, except for the cases stipulated by the Law;
• reproduction of books (as a w hole) and musical scores;IP/N/1/KGZ/C/1
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3. In the first paragraph of this Article the Law shall have an exception to stipulate
that if an audiovisual work or work fixed on a phonogram is used for personal purposes, the
author, performer and producer of the reco rd shall be entitled to the commensurate
remuneration.
The remuneration for reproducti on shall be paid in the form of deductions (interests)
by the producers and importers of equipment (a udio electronics, video-ta pe recorders, etc.)
and material carriers (audio and (o r) video tapes, casse ttes, laser disks, compact disks, etc.)
which are used for such reproduction.
Article 1066. Free Public Performance of Works
Public performance of the legally publishe d musical compositions during the official
religious and funeral ceremonies  shall be allowed without cons ent of the author and without
payment of author’s remuneration in the volume justified by the nature of such ceremonies.
Article 1067. Free Reproduction of  Works for Judicial Purposes
The reproduction of works for the purposes of  judicial and administrative work in the
volume justified by the purpose of use shall be  allowed without consent of the author and
without the payment of author’s remuneration.
Article 1068. Right to the Work Product
1. Personal non-economic rights to the work created in the course of execution of
service assignment (work product) shall belong to the author of the work.
2. The right to use the work product in the way set by the purpose of the assignment
and limits preconditioned by it, sh all belong to the person on w hose assignment the work has
been created and with whom the author has labor relations (employer) unless the agreementbetween him and the author stipulates otherwise. The employer shall be entitled to transferthis right of use to another person.
The agreement of the employer with the author may stipulate payment of
remuneration to the author for the use of the work product and contain other conditions of its
use.
3. After ten years from the date of submission of the work and with the consent of the
employer - earlier, the author shall obtain the full right to use the work and receive author’sremuneration, irrespective of the agre ement concluded with the employer.
4. The author’s right to use a work product  in a way not conditioned by the purpose of
the assignment, shall not be limited.IP/N/1/KGZ/C/1
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Article 1069. Validity of Copyright in the territory of the Kyrgyz Republic
1.  The copyright to the work promulgated in the territory of the Kyrgyz Republic or
non-promulgated but the original copy of which in  any form is located in the territory of the
Republic, shall be valid in the territory of the Kyrgyz Republic. In this case the copyrightshall belong to the author and his heirs as well as other legal successors of the author
irrespective of their citizenship.
2. The copyright shall also belong to th e citizens of the Kyrgyz  Republic whose
works are promulgated or exist in some objective form in the territory of a foreign state, aswell as to their heirs and other legal successors.
3. When the author is protected legally in accordance with the international
agreements the fact of promulgation in the territory of a foreign state shall be determined inaccordance with the provisions of the appropriate international agreement.
In order to protect the work in the territory of the Kyrgyz Republic the person who is
recognized as the author of the work shall be determined in accordance with the Laws of the
state where the work commenced being protected for the first time.
Article 1070.   Commencement of  Copyright Effectiveness
1. The copyright to the work shall be in force from the date of shaping it into an
objective form simple for perception by the th ird parties irrespective of promulgation. The
copyright to the oral work shall be in force from the moment of its communication to thethird persons.
2. Where the work does not come under Ar ticle 1069 of this Code the copyright to
such a work shall be protected from the moment  of promulgation of the work provided that it
carried out in the Kyrgyz Republic.
Article 1071. Term of Copyright Validity
1. The copyright shall be valid during the whol e life of the author and fifty years after
his death, beginning from the first of  January of  the year following the year of the author’s
death.
2. The copyright to the work created in co-authorship shall be valid during the whole
life of the co-authors and fifty years after the death of the last of co-author who outlived otherco-authors.
3. The copyright to the work issued  for the first time under pseudonym or
anonymously shall be valid during fifty years, beginning from January 1 of the yearfollowing the year when the work was issued.
Where the pseudonym or an anonymous author  is disclosed, the terms indicated in the
first paragraph of this Article shall be applied.IP/N/1/KGZ/C/1
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4. During the period indicated in the first pa ragraph of this Article the copyright shall
belong to the author’s heirs and be inher ited. During the same terms the copyright shall
belong to the legal successors who obtained this  right on the basis of the contract with the
author, his heirs and future legal successors.
5. The copyright to the work issued for the first time during fifty years after the
author’s death shall be valid during fifty years af ter its issue, beginning from  January 1 of the
year following the year when the work was issued.
6. The authorship, name of the author and inviolability of the work shall be protected
without fixed limits.
Article 1072. Transfer of a Work to the Public Domain
1. Upon expiration of copyright validity te rm for the work, it shall become public
domain.
The works which have never been protecte d in the territory of the Kyrgyz Republic
shall be deemed to be public domain.
2. The works which belong to public domain may be used freely by any person
without payment of the author’s remuneration. Th e right of authorship, right to the name and
the right to inviolability of the work shall be observed.
Article 1073.   Author’s Contract
1. The author or his heirs may transfer the right to use his work to another person by
the way of conclusion of the author’s contra ct. The author’s contract shall be for pay.
2.  The author’s contract may be concluded for a prepared work or for the work which
will be created by the author under his obligation (order contract). The author’s contract shallalso be the contract permitting the use of the work within certain limits, which is concludedby the author or his heirs (author’s licensing contract).
Article 1074. Conditions of the Author’s Contract
1. The author’s contr act must stipulate:
methods of use of the work (specific righ ts transferred in accordance with this
contract);
term and territory for which the right is transferred;the amount of remuneration and (or) pro cedure for determination the amount of
remuneration for every method of use of th e work, procedure and terms of payment.IP/N/1/KGZ/C/1
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If the author’s contract doe s not stipulate conditions on the term for which the right to
use the work is transferred, the contract may be canceled by the author in five years from thedate of its conclusion pr ovided that the user is informed about it in writing, six month before
the cancellation of the contract.
If the author’s contract does not stipulat e the conditions about the territory on which
the right to use the work is valid, the validity of the right transferred in accordance with thecontract shall be limited by the te rritory of the Kyrgyz Republic.
2. The subject of the author’s  contract can not include the rights to use the work
which are unknown at the moment  of conclusion the contract.
  3. The amount of remuneration for the use of the work shall be specified in the
author’s contract under the agreement of the parties.
Where the author’s contract  on publication or other reproduction of  performance of
the work sets the fixed amount of the remunera tion, the contract shall stipulate the maximum
number of copies of the work.
The waiver of the author and his heirs from the right to remuneration is void.
4. The rights transferred under the author’s contract can be transferred by any party of
the contract fully or partially to other persons  only if it is directly stipulated by such a
contract.
Article 1075. Form of th e Author’s Contract
The author’s contract shall be concluded in the written form except the cases
stipulated by the Law.
Article 1076. Responsibility u nder the Author ’s Contract
The party which did not fulfill or improperl y fulfilled the liabilities under  the author’s
contract must cover the losses caused to  the other party including lost profit.
Article 1077. Term of Validity of the Author’s Li censing Contract
1. The author’s licensing contract shall be valid during the period stipulated by it, but
not longer than the term of the copyright validity.
2. Irrespective of weather the term of validity is included in the author’s licensing
contract or not, the author of the work and his heirs shall be entitled to cancel the contractunilaterally in ten years after the date of the conclusion of the contract, informing his contractagent about it in writing, six months prior to the cancellation of the contract. The author and
his heirs shall have this right every ten years.IP/N/1/KGZ/C/1
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3. The contract can stipulate the terms of use of the work, the violation of which
results in the right of the legal successor to cancel the contract.
Article 1078.   Liability for Illegal Use of  a Work Without Contract
In the event the work is used without a cont ract concluded with the owner of the right,
the violator is obliged to indemnify the losses caused to the right owner, including lost profit.The right owner shall be entitled to disgorge from the violator the revenues obtained in theresult of the violation instead of the losses.
The use of the work in a way which is not s tipulated by the author’s contract or after
expiration of validity of such a contract shall be considered the use of the work without a
contract.
Article 1079. Legal Regulation  of Authors’ Relations
The authors’ relations shall be regulate d by this Code and other legislation.
Chapter 55.  Neighboring rights
Article 1080.  Object of neighboring rights
Neighboring rights shall extend to staging, performance, phonograms, programs of
broadcasting and cable organizations.
Article 1081.  Subjects of neighboring rights
1. The right to performance shall belong to actors-performers, director-stagers,
conductors. The right to use such a performance may be transferred to heirs and other legal
successors.
2. The right to record a performance shall belong to the person who created such a
record or to his/her legal successors.
3. The right to transmission shall belong to the broadcasting or cable organization that
created a program or to its legal successors.
Article 1082. Mark of Protecti on of Neighboring Rights
The producer of a phonogram and the performe r may, in order to inform about his
rights, use the mark of protection neighboring rights which is placed on each copy of aphonogram and (or) on each sleeve and consists of three elements:
• a circled Latin letter “P”;
• name of the owner of the exclusive neighboring rights;
• year of the first publication of the recording.IP/N/1/KGZ/C/1
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Article 1083.  Rights of a Performer
1. The performer has the right for:
• indication of his/her name during perfo rmance, on copies of the record of
performance or staging, in the course of br oadcast or reproduction of the performance or
staging;
• protection of the performance or  staging against distortion;
• provision or permission to use the performance or staging;
2. The right to use the performance or staging includes the right to allow:
• broadcast or cable transmission of the performance or staging;
• record of the performance or staging with the help of technical devices;
• broadcast and public reproducti on of the produced record of a performance or staging;
• copying and distribution of the copies of  a record of a performance and staging.
3. Performers shall exercise their rights with the observation of the rights of authors of
the works performed.
4. Restrictions of the right to use or stage the performance shall be established by the
law.
5. The provisions of Article 1068 shall accordingly apply to the right to performance
made in the course of execution of the wo rk related assignment (work performance or
staging.
Article 1084.  Rights of a Producer of a Phonogram
1. Producer of  a phonogram and his legal su ccessor shall have the exclusive right to
this phonogram.
Exploitation of such a phonogram by other persons is allowed only upon the
permission of the producer of a phonogram or his legal successor.
2. Producer of a phonogram or his legal succe ssor shall have the right to perform or to
authorize the following:
• public reproduction of the phonogram;
• adaptation or any other transformation of the phonogram;
• distribution of copies of th e phonogram (sale, rental etc. ), including their transfer
abroad;
• import copies of the phonogram.IP/N/1/KGZ/C/1
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3. If the property right to the copy of the record of performance belongs not to its
creator, the exclusive right to use the record, including its commercial rental belongs to theperson who created the record.
4. Restrictions of the rights of the producer of performance shall be established by the
law.
5. Holders of the right to the phonogram shall exercise their rights taking into account
the rights of authors of the work and rights of the performers.
Article 1085.  Rights of a Ca ble Broadcasting Organization
1. Broadcasting company shall have the exclusive right to exploit its program in any
form and give permission to thir d persons to use such a program.
Exploitation of the program by the third persons shall be done on the basis of a
contract. The right-holder shall be entitled to remuneration for each type of use.
2. Restrictions of the rights of a broadcas ting company shall be established by the law.
3. The broadcasting company shall implement its  rights taking into account the rights
of authors of works and rights of performers, and in certain cases - holders of the rights to the
record of performance and other broadcasting companies.
Article 1086.  Rights of a Ca ble Broadcasting Organization
Rights of the cable broadcasting organization  shall be established as applicable to the
rights of a broadcasting organization es tablished by this Code and the law.
Article 1087. Responsibility for Non-Implementation or In appropriate Implementation
of the Contract on the Use of Neighboring Rights and Illegal Use of a Work Without the
Contract
A person who failed to impleme nt or who inappropriatel y implemented the contract
on use of neighboring rights or used the work illegally without the contract, shall bear the
responsibility in accordance with general rules on responsibilities for failure to implement or
inappropriate impleme ntation of the contract, or accordingly to responsibility for the damage
caused.
Chapter 56.  Right to Industrial Property (rig ht to invention, ut ility model, industrial
design)
Article 1088.  Legal Protection of  Invent ion, Utility Model and Industrial Design
1. The right to an invention and industrial design is protected under condition that a
preliminary patent, patent and certificate for utility model is grantedIP/N/1/KGZ/C/1
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2. Requirements claimed to the invention, utility model,  industrial design, under
which the right to get preliminary patent, patent, certificate for utility model (hereinafterreferred to as protected document), the procedure of their issuance by the patent agency shallbe established by the law.
Article 1089.  Right to Use an Invention, Utility Model, Industrial Design
1. A patent owner shall have the exclusiv e right to use an invention, utility model,
industrial design protected by a protected docu ment, at his discretion; including the right to
produce the good with application of protecte d decisions, apply tec hnological processes
protected by the patent in his own production, sell or offer for sale goods that contain
protected decisions and import relevant goods.
Persons, other than the patent owner, sha ll not be entitled to use the invention, utility
model, industrial design without  his permission, except for the cases when such a use is not
considered violation of the rights of the patent  owner according to the present Code and other
laws.
2. Unauthorized manufacture, application, im port, offer for sale, sale and any other
introduction into the economic tu rnover or storage for that purpose of the good that contain
patented invention, utility mode l or industrial design, as well as application of the method
protected by a preliminary patent, patent fo r an invention or introduction to the economic
turnover or storage for this purpose of the goods manufactured directly by the method
protected by a preliminary patent,  patent fo r an invention, device in the functioning or
exploitation of which the method, pursuant to its  purpose, is automatically realized shall be
recognized as the violation of the exclusive right of the patent owner.
The good is considered to be manufac ture by a patented method unless proved
otherwise.
Article 1090.  Disposal of  the Right to a Patent
The right to obtain a patent, the rights co ming from registration of the application, the
right to own the patent and rights coming from the patent may be transferred entirely orpartially to the other person.
Article 1091.  The Ri ght of Authorship
1. The author of invention, utility model or industrial design shall have the right to
authorship and the right to give a special na me to an invention, u tility model or industrial
design.
The right of authorship and other personal rights to an invention, utility model or
industrial design shall arise from the moment of appearance of the rights based on the patent.IP/N/1/KGZ/C/1
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2. The author of the invention, utility mode l or industrial design  may have special
rights, privileges and advantages of social nature according to the law.
3. A person indicated in the application as  the author shall be deemed the author
unless otherwise is proved. Only the facts and the circumstances existing before the right’s
appearance may be used as proofs.
Article 1092.  Co-Authors of an Invent ion, Utility Model or  Industrial Design
Relations of co-authors of an invention, utility model or  industrial design shall be
established by the agreement between them.
Uncreative assistance to creation of an invention, utility model or industrial design
(technical, organizational or mathematics assistance , assistance in registration of rights, etc.)
does not entail co-authorship.
Article 1093.  Work Inventions, Utilit y Models and Industrial Designs
1. The right to obtain protected document for an invention, utility model, industrial
design created by an employee during execution of  his service duties or a concrete task of the
employer (work invention) shall belong to the employer provided that it is stipulated by the
contract between them.
2. The amount, conditions and procedure of payment of remuneration  to the author
for work invention, utility model or industrial design shall be established by the agreement
between him and the employer.  In case of failure to reach the agreement, the decision shallbe made by court. Where it is impossible to  measure contribution of the author and the
employer to the creation of work invention, utilit y model or industrial design, the author shall
have the right to the half of profit gain ed or to be gained by the employer.
Article 1094.  Form of the Contract on Tr ansfer of Right to a Protected Document
The contract on transfer of the right to protected document (concession of protected
document) should be concluded in written form and be registered in the patent agency.
Failure to comply with the written form or requirements of registration entails illegality of thecontract.
Article 1095.  Form of Permi ssion (License) to  Use an Invention, Utility Model,
Industrial Design
The licensing agreement and sub-licensing contract shall be concluded in written form
and be registered in the patent agency.  Failure to comply with the written form orrequirements on registration entails illegality of the contract.IP/N/1/KGZ/C/1
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Article 1096.  Responsib ility for Violation of a Protected document
On the basis of the request of the patent owner, violation of the protected document
must be stopped, and the violator must compensa te the patent owner all his losses. Instead of
the losses the patent owner has the right to charge  from the violator the income gained by him
from the violation.
Chapter 57.  Rights to New Varieties of Plants and New Animal Breeds
Article 1097.  Protection of Right to New Va rieties of Plants and New Animal Breeds
1. Rights to the new varieties of plants and new animal breeds (breeding
achievements) shall be protected provided that the patent is granted.
2. Requirements under which the right to obt ain a patent arises, the procedure of
granting the patent for breeding achievements shall be established by the law.
3. The rules of Articles 1090-1096 of this Code shall accordingly apply to the
relations connected with the rights to breedin g achievements and protection of these rights,
unless otherwise is stipulated by the rules of the present chapter and the law.
Article 1098.  Rights of the Author of a Breeding Achievement to Remuneration
The author of a breeding achievement who is  not a patent owner shall have the right
to receive the remuneration from the patent owner for the use of the breeding achievementwithin the term of patent validity.
The amount and conditions of payment of remuneration to the author of breeding
achievement shall be established in the c ontract concluded between him and the patent
owner.
Article 1099.  Rights of the Patent Owner
The patent owner of a breeding achievement shall have the exclusive right to use this
achievement within the limits established by the law.
Article 1100.  Obligations of the Patent Owner
The patent holder of a breeding achievemen t shall be obliged to  support appropriate
variety of plant or animal breed within the validity term of the patent in a way to preserve thefeatures indicated in the description of the variety of plant or breed of animal compiled at
their registration.IP/N/1/KGZ/C/1
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Chapter 58.  Protection of Undisclo sed Information from Illegal Use
Article 1101.  Right to Protectio n of Undisclosed Information
A person who legally possesses technical, organizational or commercial information
including production secrets (know-how) unknow n to the third pa rties (undisclosed
information) shall have the right for protection of this information from illegal exploitationunless the conditions established by Artic le 34 of the present Code are observed.
The right to protection of undisclosed info rmation from illegal use arises irrespective
of any formality carried out in respect of th is information (its registration, receiving of
certificate, etc.).
Rules on protection of undisclose d information shall not be applied in relation to the
information which, in accordance with the law,  cannot make up official or commercial secret
(information on legal entities, rights to property and transactions with it which are subject tostate registration, information s ubject to presentation as a stat e statistics reporting and others).
The right to protection of undisclosed information is valid until the conditions
stipulated by Article 34 of this Code are valid.
Article 1102.  Responsibilit y for Illegal Use of Undisclosed Information
1. A person who has obtained or distribut ed undisclosed information or used it
without legal grounds must recover losses caused in the result of illegal use to the person who
legally possess the information.
Where a person illegally using undisclosed information received it from the person
who has no right to distribute it, of which th e acquirer of the information did not know and
did not have to know (fair acquirer), the lega l holder of undisclosed information shall have
the right to demand him to compensate the losses caused by the use of  undisclosed
information after the fair acquirer became aware that the use is illegal.
2. A person lawfully possessing undisclosed information shall be entitled to require
form the person who illegally uses it, to stop this use immediately. However, the court mayallow its further use under the conditions of  payable exclusive license  taking into
consideration the means spent for its use by  fair acquirer of undisclosed information.
3. A person who independently and lawfully got the data which makes up the content
of undisclosed information shall have the right to use this data  irrespective of the rights of the
holder of appropriate undisclosed information and does not report to him for such a use.IP/N/1/KGZ/C/1
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Article 1103.  Transfer of the Right to Protection of Undisclosed Information from
Illegal Use
The person possessing undisclosed information ma y transfer all or a part of the data,
which makes up the content of this information, to another person on the basis of licensing
agreement.
A licensee is obliged to undertake proper me asures to protect confidentiality of the
information received on the basis of the contra ct, and has the same rights to its protection
from illegal use by third persons as a licenser has. Given that the agreement does not stipulateotherwise, the liability to preserve confidentiality of the information shall be with the licenseeeven after termination of the licensing agreement, provided that the relevant data continue tobe undisclosed information.
Chapter 59. Means of Individualization of Pa rticipants of the Ci vil Turnover, Goods,
Works and Services
Paragraph 1. Trade Name
Article 1104. Right to a Trade Name
1. A legal entity whose trade name is registered in the established order shall have the
exclusive right to use the trade name on g oods, packaging, advertisements, sign boards,
prospectus, bill boards, publications, official st ationery and other docum entation related to its
activity, as well as in the course of demonstra tion of goods at fairs and exhibitions held in the
territory of the Kyrgyz Republic.
2. The order of registration of a trade name of  a legal entity shall be determined by the
normative legal acts.
Article 1105. Use of the Trade Name of  a Legal Entity in a Trademark
The trade name of a legal entity may be used in his trademark.
Article 1106. Effectiveness of the Right to a Trade Name
1. The exclusive right to a trade name registered in the Kyrgyz Republic as the
designation of a legal entity shall be effective in the territory of the Kyrgyz Republic.
2. The exclusive right to a trade name registered or commonly recognized in a foreign
country shall be effective within the territory of the Kyrgyz Republic in cases provided by the
law.
3. The effectiveness of the right to a trade name shall be terminated with the
liquidation of a legal entity or with a change of it trade name as well as in the other casesprovided by the law.IP/N/1/KGZ/C/1
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Article 1107. Alienation of the Right to a Trade Name
Alienation or transfer of the right to the trade name of a legal entity shall be allowed
only in cases of reorganization of the legal entity or the alienation of an enterprise as a whole.
The holder of the right to a trade name ma y authorize other person to use his trade
name (grant a license).  However, the licensing agreement must spell out measures excludingdelusion of a consumer.
Paragraph 2.  Trademark (service mark)
Article 1108.  Legal Protection of a Trademark
1. Legal protection of a trademark (service mark) shall be granted on the basis of its
registration.
2. The right to the trademark shall be certified by a certificate.
Article 1109.  Right to  Use the Trademark
1. The owner of the right to the trademark shall have the exclusive right to use and
dispose the mark which belongs to him.
2. Any introduction of a trademark into tur nover in the order established by the law
shall be considered the use of a trademark.
Article 1110.  Consequences of Non- exploitation of a  Trademark
1. When a trademark is not used without valid reason continuously for 3 years from
the date of its registration, it may be cancele d at the request of any interested person.
2. The grant of a license to use the trademark shall be deemed its use.
Article 1111.  Transfer of th e Right to the Trademark
1. The right to the trademark in relation of  all types of goods, works and services or
their parts, indicated in the certificate, may be transferred by the right holder to anotherperson under the agreement.
Transfer of the right to the trademark shall not be allowed if it can be the reason for
mislead in relation to goods or their producer.
Transfer of the right to the trademark, including its transfer on the basis of the
contract or in the procedure of right-successi on should be registered in the patent agency.IP/N/1/KGZ/C/1
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Article 1112.  Form of the Agreement on Transfer of the Right to a Trademark
The agreement on transfer of the right to the trademark or on granting a license should
be concluded in written form and registered in the patent agency.
Failure to do it in written form and to comply with the requirement of the registration
entails invalidity of the agreement.
Article 1113.  Responsibilit y for Violation of the Right to a Trademark
The person unlawfully using the trademark sh all be obliged to stop the violation and
compensate the owner of the trademark his losses.
The person unlawfully using the trademark sha ll be obliged to destroy designations of
the trademark produced, to remove the illegally us ed trademark or the sign which is identical
to it to the extent of confusion from the goods and their packages.
If it is impossible to fulfill the requirements of the second paragraph of this Article the
relevant good shall be subject to destruction.
Paragraph 3.  Appellations of Origin of Goods
Article 1114.  Legal Protection of Appellations of Origin of Goods
1. Legal protection of appellations of origin of good shall be granted on the basis of
its registration.
2. Appellation of origin (indi cation of origin) of a good means the name of a country,
settlement, locality or another geographical place used for designation of a product the
special characteristic features of which are exclusively or mainly determined by naturalconditions peculiar to this geographic place or by other factors or combination of natural
conditions and these factors.
Appellation of origin of goods may be a historical name of  a geographic place.
3.  A designation providing or including th e name of a geographical object, but which
is generally used in the Kyrgyz Republic as a designation of a certain type of goods not
related to the place of its produc tion, shall not be considered to be the appellation of origin of
goods and is not subject to registration for th e purpose of legal protection in accordance with
the provisions of this paragraph. However, th is does not deprive a person, whose rights are
violated by unfair use of such an appellation, of the opportunity of their protection through
other means stipulated by the law.
4. Registration of the appella tion of origin of goods sh all be made by the patent
agency.IP/N/1/KGZ/C/1
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5. A certificate on the right to use the appellati on of origin of goods shall be issued on
the basis of the registration.
6. The procedure and the conditions of registration, issuance of certificates,
recognition of invalidity and termination of the validity of the registration and the certificatesshall be established by the law.
Article 1115.  The Right to  Use the Appellation of  the Origin of Goods
1. A person holding the right to use the appe llation of origin of goods shall be entitled
to place this name on a product, package, a dvertisement, prospects, accounts and use it
otherwise due to the introduction of  this good into civil turnover.
2. Appellation of origin of a product may be registered by several persons both jointly
and in separation from each other for designa tion of the product which complies with the
requirements of paragraphs 1 and 2, Article 1114 of this Code. The right to use the
appellation of origin of  good shall belong to each of these persons.
3. Alienation and other deals on assignment of the right to use the appellation of
origin of goods, as well as permission to use them on the basis of a license shall be
prohibited.
Article 1116.  Scope of the Le gal Protection of Appellation of Origin of Goods
1. Legal protection of appellation of origin of goods located on the territory of the
Kyrgyz Republic shall be gran ted in the Kyrgyz Republic.
2. Legal protection of the appe llation of origin of goods located in another state shall
be granted in the Kyrgyz Republic provided that  this appellation is registered in the country
of origin of goods, as well as in the patent agency of the Kyrgyz Republic and in accordance
with the Code.
Article 1117.  Responsibility fo r Unlawful Use of Appellation of Place of Origin of
Goods
1. A person holding the right to use the appellation of origin of goods, as well as the
organizations on protection of consumer’s ri ghts may demand from the person, who illegally
uses this appellation, to stop the use, to rem ove the illegally used appellation or designation
which are identical to the extent of confus ion, from the goods, packages, forms and similar
documents, to destroy the produced imprint of the appellation or sign which are identical to
the extent of confusion, and if its impossibl e - to withdraw and destroy the goods and/or
packages.
2. A person holding the right to use the appe llation of origin of goods shall be entitled
to require the compensation of the losse s from the violator of this right.
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