Bishkek) May] 1, 2004., N 64
LAW O:F THE KYRGYZ REPUBLIC~
On joining of the Kyrgyz Republic to the Nairobi Treaty on the Protection
of the Olympic Symbol) 'Done at. Nairobi on September 26~ 1981
Article 1.
To join to the Nairobi Treaty on the Protection of the Olympic Symbol, Done at Nairobi on
September 26,1981.
Arti.cle 2,
Ministry of Foreign Affairs of the Kyrgyz Republic should deposit the official document un
joining to the Nairobi Treaty on the Protection of the Olympic Symbol, Done at Nairobi OIl
September 26, 1981., to the Depositary that the General Director of World Intellectual
Property
Organization is.
President of Kyrgyz Republic A, Akaev
Kyrgyzstan: Marks (Geographical
Indications), Law, 16/12/1997
Bibliographic Data
Texts
Law on Trademarks, Service Marks and Appellations of Origin*
(of December 16, 1997)
TABLE OF CONTENTS**
Article
Title I: General Provisions
National Office of Intellectual Property of the Kyrgyz Republic 1
Title II: Trademark or Service Mark
The Trademark or Service Mark 2
Legal Protection of the Mark. Exclusive Rights in the Mark 3
Substantive Grounds for Refusal of Registration 4
Other Grounds for Refusal of Registration 5
Title III: Registration of the Mark
Application for Registration of the Mark 6
Priority of the Mark 7
Examination of the Application for Registration of a Mark 8
Preliminary Examination 9
Examination of the Sign to which the Application Relates 10
Appeal Against the Decision on the Application and Reinstatement of Rights Linked to Time Limits 11
Registration of the Mark 12
Publication of Registration Data 13
Issue of the Trademark Certificate 14
Period of Validity of the Mark 15
Amendments to the Registration 16
Registration of the Mark Abroad 17
Title IV: Collective Mark
Right to the Collective Mark 18
Registration of the Collective Mark 19
Title V: Exploitation of the Mark
Exploitation of the Mark and Consequences of Failure to Exploit the Mark 20
Reserved Rights Notice 21
Title VI: Transfer of the Mark
Assignment of the Mark 22
Licensing of the Exploitation of the Mark 23
Registration of the Contract of Assignment of the Mark and of the License Contract 24
Title VII: End of Legal Protection
Invalidation of the Registration of the Mark 25
Cancellation of the Mark 26
Title VIII: Appellation of Origin
Appellation of Origin 27
Source of Legal Protection 28
Title IX: Registration and Right of Use of the Appellation of Origin
Application for Registration and Acquisition of the Right to Use the Appellation of Origin 29
Examination of the Application 30
Appeal Against the Decision on the Application and Reinstatement of Rights Dependent on Time Limits 31
Registration of the Appellation of Origin and Issue of the Certificate Attesting the Right to Use the Appellation of
Origin. Publication of the Data on the Registration and the Right to Use the Appellation of Origin 32
Period of Validity of the Certificate Attesting the Right to Use the Appellation of Origin 33
Recording of Amendments in the Register and on the Certificate 34
Registration of the Appellation of Origin Abroad 35
Title X: Exploitation of the Appellation of Origin
Exploitation of the Appellation of Origin 36
Reserved Rights Notice 37
Title XI: End of the Legal Protection of the Appellation of Origin
Invalidation of the Registration of the Appellation of Origin and of the Certificate Attesting the Right to Use the
Appellation of Origin 38
Title XII: Final Provisions
Fees 39
Consideration of Disputes Arising from the Implementation of this Law 40
Sanctions for Unlawful Use of the Mark or Appellation of Origin 41
Rights of Foreign Natural Persons and Legal Entities 42
International Treaties 43
Entry into Force of this Law 44
This Law governs the legal, economic and administrative relations that
arise in connection with the registration, legal protection and use of trademarks,
service marks and appellations of origin in the Kyrgyz Republic.
Title I
General Provisions
National Office of Intellectual Property of the Kyrgyz Republic
1. In accordance with this Law, the National Office of Intellectual Property of
the Kyrgyz Republic (hereinafter referred to as "Kyrgyzpatent") shall apply a unified
policy in the field of the protection of trademarks, service marks and appellations of
origin in the Kyrgyz Republic, receive applications for the registration of trademarks
and service marks and applications for the registration and acquisition of the right of
use of appellations of origin, carry out the examination and official registration
thereof, issue certificates, publish official data, enact the appropriate regulations and
rules for the interpretation of the provisions of this Law and discharge other duties in
connection with trademarks, service marks and appellations of origin as provided in
the Ordinance on Kyrgyzpatent promulgated by the Government of the Kyrgyz
Republic.
In order to strengthen its activities in the field of the legal protection of
trademarks, service marks and appellations of origin, Kyrgyzpatent is provided with
an Appeal Chamber, which shall be the mandatory first-instance tribunal for disputes
concerning the subject matter in question, which it shall hear according to its
competence. The procedures for the examination of oppositions by the Appeal
Chamber shall be laid down by Kyrgyzpatent.
The sources from which the activities of Kyrgyzpatent are financed shall consist
of credits in the budget of the Kyrgyz Republic, patent fees, the remuneration charged
by Kyrgyzpatent in exchange for the services and documents provided by it, and other
extrabudgetary resources.
Title II
Trademark or Service Mark
The Trademark or Service Mark
2. The trademark and the service mark (hereinafter referred to as "marks") are
signs serving to distinguish goods manufactured and services rendered by a natural
person or legal entity from goods or services (hereinafter referred to as "goods") of
the same type manufactured or rendered by another natural person or legal entity.
Registration of the mark shall give rise to the issue of a certificate. The
certificate shall attest the priority date of the mark and the exclusive right of the
owner to the mark in connection with the goods specified in the certificate.
The mark may consist of
(i) words or combinations of words;
(ii) illustrations, devices or symbols;
(iii) letters, figures or combinations thereof;
(iv) three-dimensional shapes;
(v) combinations of all the above elements;
(vi) any other visible sign or combination of such signs.
A mark may be registered in any color or in any color arrangement.
The nature of the goods for which the mark is used may not prevent registration
of the mark.
This Law shall not apply to holographic marks, with the exception of
holographic marks that are visually distinguishable, or to marks that do not consist of
visible signs, notably sound marks and olfactory marks.
Legal Protection of the Mark. Exclusive Rights in the Mark
3. The mark is accorded legal protection in the Kyrgyz Republic on the basis of
an official registration carried out according to the provisions of this Law, or by virtue
of international treaties to which the Kyrgyz Republic is party.
The mark may be registered in the name of a legal entity or in the name of a
natural person who engages in a business activity.
The owner of the mark has the exclusive right of use and disposal of the mark,
and the right to prohibit third parties from using the mark. No one may use a mark in
the Kyrgyz Republic without having obtained authorization from the owner of that
mark.
The manufacture, use, importation, offering for sale, sale and any other form of
marketing, or the stocking for that purpose of a mark, a product designated by a mark
or a sign misleadingly similar to a mark constitute, if they take place without
authorization and if they relate to goods of the same type, infringements of the rights
of the owner of the mark.
Substantive Grounds for Refusal of Registration
4. Marks may not be registered where they consist exclusively of signs or
indications
(i) that possess no distinctive character;
(ii) that consist of the armorial bearings, flags or emblems of States;
(iii) that constitute official denominations of States, emblems or abbreviated or
full names of international organizations, official signs or hallmarks denoting control
or warranty or assay marks, or decorations or other honorary signs, or signs
misleadingly similar to such signs or indications; such signs or indications may be
included in the mark as unprotected elements subject to the agreement of the
competent body or their owner;
(iv) that have become the usual designation for goods of a particular type;
(v) that consist of everyday terms or symbols in relation to the goods for which
they would be used as marks;
(vi) that indicate the outward appearance, quality, quantity, properties, purpose
or value of the goods or the place and time of their production or marketing.
The signs or indications referred to in subparagraphs (ii), (iv), (v) and (vi) of the
first paragraph of this Article may be included in the mark as unprotected elements on
condition that they do not predominate.
Signs or indications may not be registered as marks or as elements thereof
where they
(i) are inaccurate or liable to mislead the consumer concerning the product or its
producers;
(ii) are contrary to the general interest, humanitarian principles or morality.
Other Grounds for Refusal of Registration
5. Signs or indications may not be registered as marks where they are identical
or misleadingly similar
(i) to marks previously registered or the registration of which has been
previously applied for in the Kyrgyz Republic in favor of a third party for goods of
the same type, and the priority date of which is earlier;
(ii) to marks of third parties protected-without registration-under international
treaties to which the Kyrgyz Republic is party;
(iii) to marks well known on the territory of the Kyrgyz Republic. The criteria
that determine whether a mark is well known in the Kyrgyz Republic shall be laid
down by the Government of the Kyrgyz Republic.
Signs and indications shall not be registered as marks where they are
reproductions
(i) of trade names (or parts of such names) known on the territory of the Kyrgyz
Republic, and of denominations of plant varieties and animal breeds belonging to
third parties whose right to those names or denominations arose at a time earlier than
the filing date of the applications for protection of the mark;
(ii) of appellations of origin;
(iii) of the names of scientific, literary or artistic works known in the Kyrgyz
Republic, or parts of such works, without the consent of the owner of the copyright or
his successors in title;
(iv) of surnames, forenames, pseudonyms and names derived therefrom,
portraits and likenesses of known persons without the consent of those persons or
their heirs and, if the signs or indications form part of the historical and cultural
heritage of the Kyrgyz Republic, without authorization from the Government thereof;
(v) of industrial designs the rights in which belong in the Kyrgyz Republic to
third parties, if the priority of the industrial design is earlier than that of the mark in
respect of which an application for registration has been filed.
Title III
Registration of the Mark
Application for Registration of the Mark
6. The application for registration of the mark (hereinafter referred to as "the
application") shall be filed with Kyrgyzpatent by a person, whether natural person or
legal entity, who engages in a business activity (hereinafter referred to as "the
applicant").
The application may be filed through a patent agent registered with
Kyrgyzpatent or through another representative.
Foreign legal entities or natural persons resident outside the Kyrgyz Republic
and their patent agents shall, in order to secure the registration of a mark, act through
patent agents registered with Kyrgyzpatent.
The powers of the patent agent or other representative shall be attested by a
power of attorney given him by the person in whose name a trademark certificate is
applied for.
Kyrgyzpatent shall specify the procedure for the proficiency examinations and
registration to which patent agents shall be subject, and shall take charge of their
implementation.
The application shall relate to one mark only.
The application shall contain
(i) a request for registration of a sign as a mark, in which the name of the
applicant and his headquarters or domicile shall be stated;
(ii) the sign to which the application relates and its description;
(iii) the list of goods for which the registration of the mark is sought, grouped
according to the classes of the International Classification of Goods and Services for
the Purposes of the Registration of Marks.
The application shall be written in either Kyrgyz or Russian.
The following documents shall be filed with the application for registration:
(i) proof of payment of the prescribed fee;
(ii) the regulations for use of the collective mark if the application filed is for
the registration of a collective mark;
(iii) a certified true copy of the certificate attesting that the applicant is officially
registered as a legal entity or individual entrepreneur, or an equivalent document.
The date on which Kyrgyzpatent receives the documents provided for in the
seventh paragraph of this Article shall be considered the filing date of the application.
The documents enclosed with the application may be written in either Kyrgyz or
Russian.
The conditions to be met by the documents constituting an application shall be
laid down by Kyrgyzpatent.
Priority of the Mark
7. The priority of a mark shall be determined according to the date of filing with
Kyrgyzpatent of an application meeting the conditions specified in Article 6 of this
Law.
The priority of a mark may be determined by the filing date of the first
application in a State party to the Paris Convention for the Protection of Industrial
Property (Convention priority) if Kyrgyzpatent receives the application within six
months following that date.
The priority of a mark affixed to a product displayed at an official or officially
recognized international exhibition organized on the territory of one of the States
party to the Paris Convention for the Protection of Industrial Property may be
determined by the date as from which the product in question was on display to the
public at the exhibition (exhibition priority) if Kyrgyzpatent receives the application
within six months following that date.
The applicant who wishes to avail himself of Convention priority or exhibition
priority must so state on filing the application for registration or within the two
months following the date of receipt of the application by Kyrgyzpatent, and must
enclose the documents justifying the validity of his claim or file those documents
within three months following the date of receipt of the application by Kyrgyzpatent.
The priority of a mark may be determined according to the date of international
registration of the mark in accordance with the international treaties to which the
Kyrgyz Republic is party.
Examination of the Application for Registration of a Mark
8. Examination of the application shall be conducted by Kyrgyzpatent and shall
comprise a preliminary examination and an examination of the sign to which the
application relates.
During the two months following the filing date of the application, the applicant
has the possibility of completing, specifying or correcting elements of the application
on his own initiative without paying any surcharge.
Where the additional elements contain information concerning goods that did
not figure in the application on the date on which it was filed, or if they materially
alter the sign to which the application relates, they shall not be taken into
consideration.
The applicant may withdraw his application at any stage in the prosecution
thereof, but not after the date of entry of the mark in the Official Register of Marks of
the Kyrgyz Republic.
Preliminary Examination
9. The application shall undergo preliminary examination on the expiry of a
period of two months following the date of its filing with Kyrgyzpatent. The
preliminary examination shall serve to verify the presence of the necessary documents
specified in Article 6 of this Law and their conformity to the requirements of form,
and the payment of the prescribed fee; it shall also serve to establish priority.
The applicant may file a written request for the preliminary examination to start
before the expiry of the two-month period, in which case he shall lose the right
provided for in the second paragraph of Article 8 of this Law as of the filing date of
that request.
In the course of the preliminary examination, the applicant may be invited to
supply additional elements, which he must do within two months. Kyrgyzpatent may
authorize the extension of that period up to six months, at the applicant's request, on
condition that the said applicant justifies his request with a legitimate excuse and pays
the corresponding fee.
Where the applicant has not observed the specified time limit or has not
responded to the invitation, the application shall be considered withdrawn.
Depending on the outcome of the preliminary examination, Kyrgyzpatent shall
decide either to entertain the application or to refuse registration of the mark. The
applicant shall be notified of the decision.
Examination of the Sign to which the Application Relates
10. The examination of the sign to which the application relates shall take place,
after completion of the preliminary examination, within a period of 12 months
following the date on which the application was entertained. It shall serve to ascertain
whether the mark to which the application relates is identical or similar to marks with
earlier priority dates that are affixed to goods in the same class, and whether it meets
the conditions specified in Articles 6 and 7 of this Law.
The decision to register the mark or to refuse registration shall be based on the
findings of the examination.
At any time in the course of examination of the application, Kyrgyzpatent is
entitled to invite the applicant to supply the additional elements without which
examination is impossible.
Where the applicant is invited by the examiner to supply additional elements, he
must do so within two months following the date of receipt of the invitation. That
period may be extended by a maximum of six months at the applicant's request,
provided that he justifies his request with a legitimate excuse and pays the
corresponding fee before expiry of the two-month period.
Where the applicant has not observed the time limit specified or has not
responded to the examiner's invitation, the application shall be considered withdrawn.
The examination may give rise to a preliminary decision to refuse registration of
the mark.
The applicant may respond to the preliminary decision within the two months
following the date on which he received it. That period may be extended at the
applicant's request, on condition that the request is received before the said period
expires. The period for responding to the preliminary decision may not be extended
by more than six months.
Where the applicant has not observed the time limit specified or has not
responded to the preliminary decision, the decision shall be taken to refuse
registration of the mark.
Appeal Against the Decision on the Application and
Reinstatement of Rights Linked to Time Limits
11. In the event of disagreement with the decision taken at the end of the
preliminary examination or with that taken at the end of the examination of the sign to
which the application relates, the applicant is entitled to appeal against the said
decision before the Appeal Chamber of Kyrgyzpatent (hereinafter referred to as "the
Appeal Chamber") within three months following the date on which he received the
decision. The appeal shall be examined by the Appeal Chamber within a period of
four months following the date of its receipt.
The applicant may appeal before the courts against the decision of the Appeal
Chamber within a period of six months following the date of receipt of the said
decision.
The applicant is entitled to acquaint himself with the elements set down in the
examiner's decision.
The applicant may request a copy of the said elements within a period of a
month following the date on which he received the decision on his application.
The applicant who has not observed the time limits specified in the third
paragraph of Article 9 and the fourth paragraph of Article 10 of this Law and in the
first and fourth paragraphs of this Article may have his rights reinstated by
Kyrgyzpatent if he files a request to that end not later than two months following the
expiry of the time limit concerned and if he justifies his request with a legitimate
excuse and pays the corresponding fee.
Registration of the Mark
12. On the basis of the decision to register the mark, Kyrgyzpatent shall proceed
to register it in the Official Register of Trademarks and Service Marks of the Kyrgyz
Republic (hereinafter referred to as "the Register") within a period of a month
following the date of receipt of proof of payment of the prescribed fee.
The fee shall be paid within a period of two months from the date on which the
applicant received the examiner's decision to register the mark, or, subject to payment
of a surcharge, within a period of three months following the expiry of the initial
two-month period.
The registration procedure and the list of particulars entered in the Register shall
be laid down by Kyrgyzpatent.
Publication of Registration Data
13. The data relating to the registration of the mark that have been entered in the
Register shall be published by Kyrgyzpatent in the Official Bulletin during the three
months following the date of registration of the mark or the date of entry in the
Register of amendments concerning its registration.
Issue of the Trademark Certificate
14. The trademark certificate shall be issued by Kyrgyzpatent within three
months following the date of publication of the mark in the Official Bulletin.
The layout of the certificate and the list of data appearing in it shall be specified
by Kyrgyzpatent.
Period of Validity of the Mark
15. The period of validity of the mark shall be 10 years following the date on
which the application for registration was filed with Kyrgyzpatent.
The period of validity of the mark may be extended by 10-year periods at the
request of the owner, which request shall be filed in the course of the last year of
validity of the registration, and against payment of a fee. The owner may, at his
request and against payment of a surcharge, avail himself of an additional period of
six months after the expiry of the term of the registration for the extension of the
period of validity of the mark.
Kyrgyzpatent shall mention any extension of the period of validity of the mark
in the Register and on the trademark certificate.
Amendments to the Registration
16. The owner of the mark shall notify Kyrgyzpatent of any amendment made to
his business style, surname, forename or patronymic, any reduction in the list of
goods for which the mark is registered, any modification of elements of the mark that
have no bearing on its nature and any other amendment concerning the registration of
the mark.
Any addition to the list of goods for which the mark is registered shall require
the filing of a new application.
Any amendment shall be mentioned in the Register and on the trademark
certificate against payment of a fee.
Registration of the Mark Abroad
17. Any natural person or legal entity of the Kyrgyz Republic has the right to
have a mark registered abroad or to have it registered internationally.
The application for international registration of the mark shall be filed through
Kyrgyzpatent.
Title IV
Collective Mark
Right to the Collective Mark
18. Legal entities that represent a union, economic association, consortium or
any other grouping of legal entities (hereinafter referred to as "associations") may file
an application for the registration of a collective mark for the designation of goods
brought into circulation or manufactured by the association that possess common
qualitative or other characteristics.
The application for registration of the collective mark shall be accompanied by
two copies of the regulations of the collective mark, stating the corporate name and
headquarters of the association, the list of legal entities authorized to use the mark, the
purpose of its registration, the list and the common qualitative or other characteristics
of the goods that will be identified by the collective mark, the conditions and
procedure for the control of its use, and the sanctions provided for in the event of
infringement of the regulations of the collective mark.
Registration of the Collective Mark
19. The registration of the collective mark shall take place in accordance with
the provisions of Article 12 of this Law. In addition to the data provided for in that
Article, information on the legal entities authorized to use the collective mark and also
a mention of the regulations and their date shall be entered in the Register and on the
certificate. That information shall be published in the Official Bulletin of
Kyrgyzpatent. The owner of the collective mark shall inform Kyrgyzpatent of any
amendment made to the regulations of the collective mark.
Where a collective mark is used for goods that do not possess common
qualitative or other characteristics, the validity of the registration may be terminated,
either wholly or in part, on a court decision rendered at the request of any third party.
Title V
Exploitation of the Mark
Exploitation of the Mark and Consequences of
Failure to Exploit the Mark
20. Use of the mark on goods for which it has been registered or on the
packaging thereof by the owner of the mark or any person to whom the right to use
the mark has been granted under a license contract pursuant to Article 23 of this Law
shall be deemed to constitute exploitation of the mark.
Use of the mark in advertising, in printed publications, on official headed
notepaper, on signs or in conjunction with the display of goods at fairs or exhibitions
taking place in the Kyrgyz Republic may likewise be deemed to constitute
exploitation of the mark in so far as the non-use of the mark on goods or the
packaging thereof is justified by legitimate reasons.
The persons, whether natural persons or legal entities, who engage in
intermediary activity are entitled to use their own mark together with the mark of the
manufacturer of the goods, or in place of the latter's mark, if they have so agreed with
him by contract.
The validity of the registration of the mark may be terminated, either wholly or
in part, on a court ruling, rendered at the request of any third party, where the mark
has not been exploited for three years counted from the date of its registration or for
three years as of the date of filing of the request.
The decision either to terminate or not to terminate the validity of the
registration of the mark prematurely for want of exploitation may be made subject to
the consideration of evidence produced by the owner of the mark showing that the
failure to exploit it is due to reasons beyond his control, including restrictions
imposed by the State on the goods for which the mark is registered.
Reserved Rights Notice
21. The owner of a mark may combine the mark with a reserved rights notice
stating that the sign used is a mark registered in the Kyrgyz Republic.
Title VI
Transfer of the Mark
Assignment of the Mark
22. A mark may be assigned contractually by its owner to a natural person or
legal entity, either with or without the corresponding production or a part of it, in
respect of all or some of the goods for which it is registered.
The contractual assignment of the mark shall not be allowed if it is liable to
mislead the consumer as to the product or the qualities or manufacturer thereof.
The collective mark may not be assigned to third parties.
Licensing of the Exploitation of the Mark
23. The owner of a mark (the licensor) may grant the right to exploit the mark to
a third party (licensee) under a license contract for one, several or all of the goods for
which the mark is registered.
The license contract shall contain a clause under which the quality of the goods
of the licensee shall not be lower than that of the goods of the licensor, and the
observance of that clause shall be verified by the licensor.
Collective marks may not be the subject of a license contract.
Registration of the Contract of Assignment of the Mark
and of the License Contract
24. The contract of assignment of the mark and the license contract shall be
registered by Kyrgyzpatent and shall enter into force on the date of their registration.
If they are not registered, they shall be deemed null and void.
Kyrgyzpatent shall not register the contract if it does not meet the conditions
specified in Articles 22 and 23 of this Law.
Registration of the contract shall give rise to payment of the corresponding fee.
Title VII
End of Legal Protection
Invalidation of the Registration of the Mark
25. The registration of the mark may be invalidated either wholly or in part at
any time during its term if, when it was made, the conditions specified in Articles 3
and 4 of this Law were not met or, for the reasons specified in Article 5 of this Law,
at any time during the five years following the date of publication of the registration
particulars of the mark in the Official Bulletin.
Any person may, within the time limits provided for in the first paragraph of
this Article, file opposition to the registration of the mark before the Chamber of
Appeal. The opposition filed against the registration of the mark shall be considered
within the four months following the date of its receipt.
The applicant may appeal to the courts against the decision handed down by the
Appeal Chamber within the six months following the date of its receipt.
Cancellation of the Mark
26. The mark shall be cancelled by Kyrgyzpatent
(i) on the expiry of the period of validity provided for in Article 15 of this Law;
(ii) on a court decision to terminate the validity of the registration prematurely
under the second paragraph of Article 19 of this Law where, in the case of a collective
mark, the mark is used on goods that do not have common qualitative or other
characteristics;
(iii) on a court decision to terminate the validity of the registration prematurely
for want of exploitation of the mark, as provided in the fourth paragraph of Article 20
of this Law;
(iv) in the case of invalidation of the registration under Article 25 of this Law;
(v) in the case of liquidation of the legal entity or cessation of the business
activity of the natural person owning the mark without a successor in title having been
designated;
(vi) on a court decision where the mark has become an everyday designation for
goods of a particular type;
(vii) on renunciation by the owner of the mark.
Title VIII
Appellation of Origin
Appellation of Origin
27. An appellation of origin shall be constituted by the name of a country,
locality, region or other geographical area (hereinafter referred to as "geographical
area") that serves to designate a product whose specific properties are determined
exclusively or essentially by natural, human or both natural and human factors
characteristic of the geographical area in question.
An appellation of origin may be constituted by the historical name of a
geographical area.
A designation shall not be considered an appellation of origin where, even
though it represents or contains the name of a geographical area, it has become the
usual designation in the Kyrgyz Republic for a product of a particular type that has no
connection with the place of manufacture of that product.
Source of Legal Protection
28. The appellation of origin shall enjoy legal protection in the Kyrgyz Republic
on the basis of a registration effected according to the provisions of this Law or by
virtue of international treaties to which the Kyrgyz Republic is party.
The appellation of origin shall be protected by law.
The registration of the appellation of origin may be applied for by one or more
natural persons or legal entities. The person who has had the appellation of origin
registered thereby obtains the right to use it on condition that the product
manufactured by him meets the conditions specified in the first paragraph of Article
27 of this Law.
The right to use the appellation of origin, registered according to the established
procedure, may be granted to any person, whether natural person or legal entity, who
is located in the same geographical area and manufactures a product possessing the
same properties.
The registration of the appellation of origin shall be valid without limitation in
time.
Title IX
Registration and Right of Use of the Appellation of Origin
Application for Registration and Acquisition of the Right to
Use the Appellation of Origin
29. The application for registration and the grant of the right of use of the
appellation of origin, or the application for the grant of the right of use of an
appellation of origin that is already registered (hereinafter referred to as "the
application") shall be filed with Kyrgyzpatent by the applicant or applicants either in
person or through a patent agent registered with Kyrgyzpatent.
The application shall relate to one appellation of origin only.
The application shall contain
- a request for registration and the grant of the right of use of the appellation of
origin or for the grant of the right of use of an appellation of origin already registered,
in which the applicant or applicants shall be named and his or their headquarters or
domicile specified;
- the designation to which the application relates;
- the type of product for the designation of which registration and the right of
use of the appellation of origin, or the right of use of an appellation of origin already
registered, are applied for, with a mention of the place of manufacture (limiting the
geographical area);
- a description of the specific properties of the product.
The application shall be written in either Kyrgyz or Russian.
The following documents shall be filed with the application:
- a notice from the competent body according to which the applicant is located
in the geographical area specified and manufactures a product whose specific
properties are determined by natural or human or both natural and human factors
characteristic of the geographical area in question;
- in the case of a foreign applicant, proof of his right to the appellation of origin
in question in the country of origin of the product;
- proof of payment of the prescribed fee.
The documents filed with the application may be written in either Kyrgyz or
Russian. If the documents are written in another language, a Kyrgyz or Russian
translation shall be filed with the application.
The conditions to be met by the documents constituting an application shall be
established by Kyrgyzpatent.
Examination of the Application
30. The examination of the application shall be conducted by Kyrgyzpatent and
shall comprise a preliminary examination and an examination of the designation that
is the subject of the application.
Within the two months following the filing date of the application, the applicant
has the possibility, on his own initiative, of completing, specifying or amending
elements of the application, provided that the application is not materially altered
thereby, without paying any surcharge. Where the additional elements materially alter
the application they shall not be taken into account and the applicant may file them in
the form of a separate application.
In the course of the examination, Kyrgyzpatent has the right to request the
applicant to supply additional elements without which examination is impossible.
Where the applicant is requested by the examiner to supply additional elements,
he shall do so within a period of two months following the date of receipt of the
request. Kyrgyzpatent may authorize the extension of that period for up to six months
at the applicant's request, on condition that he provides a legitimate excuse and pays
the corresponding fee. Where the applicant has not observed the time limit specified
or has not responded to the examiner's request, the application shall be considered
withdrawn.
The application shall undergo preliminary examination on the expiry of a period
of two months following the date of its filing with Kyrgyzpatent. The preliminary
examination shall serve to verify the presence of the requisite documents provided for
in Article 29 of this Law, and their compliance with the requirements of form, and the
payment of the fee.
The applicant may file a written request for the preliminary examination to start
before expiry of the two-month period, in which case he shall lose the right provided
for in the second paragraph of this Article as of the filing date of his request.
Depending on the finding of the preliminary examination, the applicant shall
receive a notice informing him that his application has or has not been entertained.
Where the application is entertained, it shall, within a period of 12 months
following the date on which it was entertained, undergo an examination to determine
whether the designation to which it relates meets the conditions laid down in Article
27 of this Law.
The decision of Kyrgyzpatent to register the appellation of origin and grant the
right to use it, or to refuse registration of the appellation of origin, shall be based on
the examination findings.
The applicant may withdraw his application at any stage in its prosecution.
Appeal Against the Decision on the Application and
Reinstatement of Rights Dependent on Time Limits
31. In the event of disagreement with the decision taken at the end of the
preliminary examination or with the decision taken at the end of the examination of
the designation to which the application relates, the applicant has the possibility of
appealing against that decision before the Appeal Chamber within the four months
following the date on which he received the decision.
The applicant may appeal to the courts against the decision handed down by the
Appeal Chamber within a period of six months following the date on which he
received that decision.
The applicant who has failed to observe the time limits provided for in the
fourth paragraph of Article 30 of this Law and in the first paragraph of this Article
may have his rights reinstated by Kyrgyzpatent if he files a request to that end not
later than two months after the expiry of the time limit concerned, and if he provides a
legitimate excuse and pays the corresponding fee.
Registration of the Appellation of Origin and Issue of the Certificate
Attesting the Right to Use the Appellation of Origin.
Publication of the Data on the Registration and
the Right to Use the Appellation of Origin
32. On the basis of the examiner's decision to register the appellation of origin
and grant the right to use it subject to payment of the prescribed fee, Kyrgyzpatent
shall proceed with the registration of the appellation of origin in the Official Register
of Appellations of Origin of the Kyrgyz Republic (hereinafter referred to as "the
Register").
The registration procedure and the list of particulars entered in the Register shall
be specified by Kyrgyzpatent.
The fee shall be paid within a period of two months following the date on which
the applicant received the examiner's decision to register the appellation of origin or,
against payment of an additional fee, within a period of three months following the
expiry date of that initial two-month period.
The particulars of the registration and of the right to use the appellation of origin
that have been entered in the Register shall be published by Kyrgyzpatent in the
Official Bulletin within the three months following the date of entry in the Register.
The certificate shall be issued by Kyrgyzpatent on the expiry of a period of three
months following publication in the Official Bulletin.
The layout of the certificate and the list of particulars appearing in it shall be
specified by Kyrgyzpatent.
Period of Validity of the Certificate Attesting the Right
to Use the Appellation of Origin
33. The period of validity of the certificate shall be 10 years following receipt of
the application by Kyrgyzpatent.
At the request of the owner of the certificate, its period of validity may be
prolonged, provided that the competent body confirms in a notice that the owner of
the certificate is located in the geographical area concerned and manufactures a
product possessing the properties specified in the certificate.
The request shall be filed in the course of the last year of validity of the
certificate.
The period of validity of the certificate shall be prolonged by periods of 10
years.
The owner may, on request and against payment of a surcharge, avail himself of
an additional six-month period after the expiry of the period of validity of the
certificate for the prolongation of the said period.
Kyrgyzpatent shall mention any prolongation of the period of validity of the
certificate in the Register and on the certificate itself.
Recording of Amendments in the Register and on the Certificate
34. The owner of the certificate shall notify Kyrgyzpatent of any amendment to
his business style, surname, forename or patronymic and of any other amendment
concerning the registration and the right of use of the appellation of origin.
Any amendment shall be mentioned in the Register and on the certificate subject
to payment of a fee.
Registration of the Appellation of Origin Abroad
35. Any natural person or legal entity of the Kyrgyz Republic has the right to
have the appellation of origin registered abroad.
The filing of an application for registration of the appellation of origin abroad
shall take place after registration and the acquisition of the right of use of the
appellation of origin in the Kyrgyz Republic.
Title X
Exploitation of the Appellation of Origin
Exploitation of the Appellation of Origin
36. The use of the appellation of origin on a product or package or in advertising,
prospectuses, headed notepaper or any other document associated with the marketing
of the product shall be deemed to constitute exploitation of the appellation of origin.
Persons who are not owners of a certificate are not authorized either to exploit a
registered appellation of origin or to exploit, for goods of the same type, a similar
designation liable to mislead consumers as to the place of origin and specific
properties of the product.
The owner of a certificate does not have the right to license the exploitation of
the appellation of origin to third parties.
Reserved Rights Notice
37. The owner of a certificate may include with the appellation of origin a
notice stating that the designation used is an appellation of origin registered in the
Kyrgyz Republic.
Title XI
End of the Legal Protection of the Appellation of Origin
Invalidation of the Registration of the Appellation of Origin and of
the Certificate Attesting the Right to Use the Appellation of Origin
38. The registration of the appellation of origin may be invalidated if, when it
was made, the conditions specified in this Law were not met.
The validity of the appellation of origin may be terminated where the
characteristic factors of the geographical area concerned no longer exist and where
consequently it is impossible to manufacture a product possessing the properties
stated in the Register.
In the case of an appellation of origin registered in the name of a foreign person,
whether natural person or legal entity, its validity shall likewise be terminated, as well
as for the above reasons, where that person has lost his right to the appellation of
origin concerned in the country of origin of the product.
The certificate attesting the right to use the appellation of origin may be
invalidated where the conditions specified in this Law were not met at the time of its
issue.
The validity of the certificate may be terminated
- where the product no longer possesses the specific properties mentioned in the
Register for the appellation of origin in question;
- in the case of cancellation of the appellation of origin;
- in the case of liquidation of the legal entity or cessation of the business activity
of the natural person owning the certificate without a successor in title having been
designated;
- on renunciation by the owner of the certificate, submitted to Kyrgyzpatent.
Any person may, for the reasons set forth in the first, second, third and fourth
paragraphs of this Article, file opposition before the Appeal Chamber to the
registration of the appellation and the issue of the certificate attesting the right to use
the appellation of origin. The opposition shall be considered within the four months
following the date of its receipt. The opponent and the owner of the certificate may
take part in the consideration of the opposition.
The applicant may appeal to the courts against the decision handed down by the
Appeal Chamber within the six months following the date on which he received that
decision.
Title XII
Final Provisions
Fees
39. The performance of legal acts relating to the registration of marks and to the
registration and acquisition of the right of use of appellations of origin shall give rise
to the payment of fees. Fees shall be paid to Kyrgyzpatent.
The list of acts the performance of which gives rise to the payment of fees, the
amount and time limits for payment of those fees, and also the conditions governing
exemption from fees or the reduction or repayment of fees, shall be determined by the
Government of the Kyrgyz Republic.
Fees shall be paid to Kyrgyzpatent by the applicant, the owner of the mark or
the owner of the certificate attesting the right to use the appellation of origin or, with
their agreement, by any natural person or legal entity.
Kyrgyzpatent shall devote the full amount of the resources that it collects,
including those in currency, in fees and in remuneration for the services and
documents that it provides, to the acquisition of technical equipment, the development
and operation of automated systems, the enlargement of the collection of patent
documents and the training and motivation of the staff.
Consideration of Disputes Arising from the Implementation of this Law
40. The courts shall be competent to hear disputes arising from the
implementation of this Law in accordance with the procedure laid down in the
legislation of the Kyrgyz Republic, and in particular disputes concerning
(i) infringements of the exclusive right to a mark;
(ii) the conclusion and execution of a license contract or contract for the
assignment of the mark;
(iii) unlawful use of an appellation of origin;
(iv) failure to exploit the mark as provided in Article 20 of this Law.
The Appeal Chamber shall consider disputes within its jurisdiction in
accordance with this Law.
Sanctions for Unlawful Use of the Mark or Appellation of Origin
41. Any person who, in a manner not conforming to the provisions of this Law,
uses a mark or appellation of origin or a sign or designation similar to a mark or
appellation of origin, for goods of the same type shall incur civil, administrative or
criminal liability in accordance with the legislation of the Kyrgyz Republic.
The unlawful use of a mark may give rise to the following civil sanctions,
independently of the filing of a request for cessation of the infringement or for
indemnification for prejudice sustained:
- publication of the court decision for the purposes of the restoration of the
business reputation of the injured party;
- removal from the product or its packaging of the unlawfully used mark or of
the sign misleadingly similar to the mark, or destruction of existing reproductions of
the mark or of the sign misleadingly similar to the mark;
- seizure or destruction of the goods for which the mark has been unlawfully
used.
Any person who includes a reserved rights notice with a mark or appellation of
origin that is not registered in the Kyrgyz Republic shall be liable to the sanctions
provided for in the legislation of the Kyrgyz Republic.
Any person who unlawfully uses a registered appellation of origin or a
designation similar to such an appellation shall be bound, at the request of the owner
of the certificate attesting the right to use the appellation of origin, a social
organization, a State organization or the Prosecutor,
- to desist from the use and to indemnify all injured parties for the prejudice
sustained, and to pay to the budget of the local community the amount of the profits
derived from the unlawful use of the appellation of origin after deduction of the
indemnification;
- to have the court decision published for the purposes of the restoration of the
business reputation of the injured party;
- to remove from the product or its packaging the unlawfully used appellation of
origin or the designation misleadingly similar to the appellation of origin, or to
destroy existing reproductions of the appellation of origin or of the designation
misleadingly similar to the appellation of origin.
The removal of the mark or appellation of origin from the product or its
packaging and the seizure or destruction of the product to which an unlawfully used
mark has been affixed shall be done with due regard to the right that the owner of that
product has to defend his rights in accordance with the procedure provided for in the
law.
Rights of Foreign Natural Persons and Legal Entities
42. [By virtue of the international treaties to which the Kyrgyz Republic is party]
or on the basis of the principle of reciprocity, foreign natural persons and legal entities
shall enjoy the rights provided for in this Law and in other normative legal enactments
relating to the legal protection of marks and appellations of origin on the same footing
as natural persons and legal entities of the Kyrgyz Republic.
International Treaties
43. Where an international treaty to which the Kyrgyz Republic is party
provides rules different from those laid down in this Law, the provisions of the
international treaty shall be applicable.
Entry into Force of this Law
44. The Law of the Kyrgyz Republic on Trademarks and Service Marks and
Appellations of Origin shall enter into force on the date of its publication.
* Official Russian title: Закон о товарных знаках, знаках обслуживания и наименованиях мест
происхождения товаров.
Entry into force: January 28, 1998.
Source: Communication from the Kyrgyz authorities.
Note: Translation by the International Bureau of WIPO.
** Added by the International Bureau of WIPO.
The text in square brackets has been added by the International Bureau of WIPO for clarity (Editor's note).