INTELLECTUAL PROPERTY PROTECTION IN THE KYRGYZ REPUBLIC: BALANCING NATIONAL LEGISLATION AND GLOBAL AGREEMENTS

  • 11 Sep 2023
  • Kyrgyzstan
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In the Kyrgyz Republic, the legal framework for intellectual property (IP) protection is based on national legislation and international agreements. The Kyrgyz IP landscape is shaped by an array of legislative instruments, including the Civil Code, Patent Law, Laws on Trademarks, Copyright and Neighbouring Rights, and Legal Protection of Computer and Database Software. Kyrgyzstan stands as a party to significant global IP agreements, reaffirming its dedication to fostering a fair and equitable IP environment. The Paris Convention, Berne Convention, Patent Cooperation Agreement, and Madrid Agreement are cornerstones of Kyrgyzstan's international IP engagement. Furthermore, the country's membership in the World Trade Organization (WTO) has served as a catalyst for aligning its IP laws with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. This harmonization ensures a consistent approach to IP matters, benefitting both domestic and foreign stakeholders.

The IP protection landscape in Kyrgyzstan encompasses a diverse array of elements, spanning industrial property and copyright. Under the purview of industrial property, including inventions, utility models, industrial designs, trademarks, service marks, and appellations of origin, registration emerges as the pivotal mechanism for protection. Patents bestow exclusive rights upon their holders, extending protection to inventions, utility models, and industrial designs. Similarly, trademarks, service marks, and appellations of origin find validation through registration, affording their proprietors exclusive usage rights. The State Service of Intellectual Property and Innovation, known as Kyrgyzpatent, serves as the authoritative body overseeing IP registrations. Here, inventions, utility models, and industrial designs must meet stringent criteria encompassing novelty, inventive quality, and industrial applicability.
On a parallel front, copyright protection serves as a safeguard for literary, artistic, and scientific works, in addition to phonograms, performances, and broadcasts. Kyrgyzstan's unique approach entails extending protection without the need for formal registration, fortifying the rights of creators. Copyright endures for the creator's lifetime plus 50 years, with the mantle encompassing an expansive scope, including software and databases in any form, even comprising source and object code. Engaging in IP protection transcends national boundaries, embracing foreign stakeholders seeking safeguarded rights within Kyrgyzstan. Certified patent attorneys facilitate this process, ushering foreign entities through the intricacies of Kyrgyzstan's IP landscape. Bilateral agreements between Kyrgyzstan and various countries provide assurance of equal rights and preferences for foreign entities. This underscores Kyrgyzstan's commitment to providing a level playing field for both domestic and foreign innovators.

Kyrgyzstan's dedication to protecting IP rights extends to its customs authorities, which are entrusted with safeguarding copyright and trademarks. Through a proactive approach, suspected counterfeit goods can be temporarily detained for examination. To reclaim these goods, rights holders must present evidence of legal action, thereby reinforcing the state's commitment to upholding IP rights. However, the preservation of IP rights requires a robust enforcement mechanism. Kyrgyz law encompasses civil, administrative, and criminal repercussions for IP rights violations. The Code of Administrative Liability stipulates fines for such infringements, with state courts exercising jurisdiction over these cases. Meanwhile, the Criminal Code imposes more severe sanctions, including imprisonment, for egregious violations.