May 01, 2023 (Newsletter Issue 5/23)
Patent Legislation Amended
On April 7, 2023, a new edition of the patent legislation began to operate in Kyrgyzstan.
In particular, some of the rules were brought into line with the Protocol on Industrial Designs to the Eurasian Patent Convention.
In the previous version of the Law, the term of protection of industrial designs was 10 years with the possibility of extending the term of legal protection for another 5 years. In the new version the term of protection is increased to 25 years.
At the same time, the list of essential features has been excluded from the list of documents for filing an application for a patent for an industrial design.
Also, the term of legal protection of the utility model is increased to 10 years, while in the previous edition, it was 5 years with the right to extend for 3 years.
Also, the new version of the Law excludes the possibility of issuing a patent for an invention under the responsibility of the applicant. A patent “under the responsibility of the applicant” was previously issued in a shorter time. The search was carried out only for local novelty (the territory of the member states of the Eurasian Patent Convention). In this case, only the applicant bears the entire burden of responsibility for subsequent possible disputes. On the other hand, this approach created some legal uncertainty and also affected the quality of granted patents. These shortcomings are eliminated in the new edition of the Law.
The new version of the Law also provides the applicant with the opportunity to use the system of electronic filing of applications for the issuance of a national patent for inventions, utility models, and industrial designs.
Source: https://craneip.com/kyrgyzstan-amends-patent-legislation/
Oct 20, 2021CIS Countries Sign New Cooperation Agreement against Use of False TMs and GIsOn May 28, 2021, the CIS Council of Heads of Government signed the Agreement on Cooperation of CIS Member States on Prevention and Suppression of Use of False Trademarks and Geographical Indications. The member states of the Commonwealth of Independent States are Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, and Uzbekistan.
The document replaces the existing Agreement signed in 1999, inspired by the TRIPS Agreement and the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods. It was aimed at establishing the coordination mechanism among the law enforcement bodies to protect the interests of rightsholders and consumers against unfair use of indications on products.
The reviewed act optimizes the arrangements of the Parties, adjusts terminology, and updates the legal acts underlying the cooperation. The new Agreement shall enter into force 30 days after the third Party deposits a written notification that it has completed its domestic procedures. For those Parties that complete their domestic procedures later, the Agreement shall enter into force 30 days after the deposit of their written notifications.
For more information, please check hereSource: www.rosepatent.gov; www.petosevic.com May 20, 2021EAEU Trademark Agreement in ForceOn April 26, 2021, the Agreement on the Eurasian Economic Union Trademarks, Service Marks and Appellations of Origin, signed on February 3, 2020 by all five Eurasian Economic Union (EAEU) member countries – Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia, entered into force, following the recent ratification by all member states.
The Agreement introduces a new system for the registration of EAEU trademarks. Instead of registering a trademark in each EAEU member state, the Agreement provides a centralized filing of the application and further prosecution in one IP Office. The EAEU trademark is kept in a single register administered by the Eurasian Economic Commission (EEC). Further, applicants receive a unified protection certificate.
Source: www.petosevic.com and Mikhailyuk, Sorokolat and Partners, Ukraine Feb 11, 2021 (Newsletter Issue 3/21)
Ratification of Protocol on Protection of Industrial Designs
On October 15, 2020, Kyrgyzstan deposited the instrument of ratification of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention with WIPO.
The Protocol on the Protection of Industrial Designs shall enter into force on March 17, 2021, in respect to the first three states that have ratified it - the Kyrgyz Republic, the Republic of Armenia and the Republic of Azerbaijan.
Source: www.eapo.org
May 28, 2020 (Newsletter Issue 8/20)Trademark Agreement by Eurasian Economic Union Members SignedOn February 3, 2020, the Agreement on the Eurasian Economic Union (EAEU) Trademarks, Service Marks and Appellations of Origin was signed by all EAEU members states, namely Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. The Agreement will enter into force once all member states bring their registration procedures and official fees in line with the Agreement and deposit their instruments of ratification to the Eurasian Economic Commission (EEC), expected by the end of 2020. The Agreement was first signed by the EEC in December 2018.
This significantly moves forward the process of establishing a unified EAEU IP system, under which right holders will be able to obtain legal protection simultaneously in all EAEU member states by submitting one application to any of the national offices. Trademark applications will undergo preliminary (formal) and substantive examination, with the entire registration procedure estimated to take approximately one year. The EAEU trademark will be kept in a single register administered by the EEC.
For more information, please click hereSource: www.petosevic.com Jul 25, 2017 (Newsletter Issue 14/17)E-Filing Now PossibleOn June 6, 2017, the Kyrgyz Patent Office has announced the beginning of acceptance of the electronically filed applications for registration of intellectual property objects in a test mode. Thus, applications and attached documents can be submitted electronically at the following address http://patent.kg/service.
The date and time of receipt of applications and attached documents will be the date and time registered by the server of the Patent Office. Acceptance of applications is available 24/7.
The electronic filing in the test mode will operate until the introduction of an electronic digital signature which is expected to be introduced by the end of 2017. During the test mode of the e-filing system the applications should be followed by submission of the originals in a paper version.
Source: Mikhailyuk, Sorokolat and Partners, Ukraine Nov 09, 2016 (Newsletter Issue 20/16)Official Fees AmendedOn October 26, 2016, amendments into the statute of patent and other official fees came into force in Kyrgyzstan. These amendments are associated with the approval on October 3, 2016, of the Decrees of the government of the Republic of Kyrgyzstan on Regulation on fees for registration of inventions, utility models, designs, selection achievements, trade and service marks, places of origin of goods as well as on Regulation on fees for registration of copyright objects, related rights and topologies of integral circuits.
The main change is a transfer of currency stipulated for official fees from the US Dollar to Kyrgyz Som due to the corresponding Resolution No. 135 of March 18, 2016, stipulating such requirements. Such transfer caused the change of amounts of almost all official fees. Some of the fees, such as official fees for filing patent, utility model and design applications, as well as the fees for requesting substantive examination for inventions and utility models together with maintenance fees for all objects have increased by 10%.
On the contrary, official fee for filing and examining a trademark application, requesting substantive examination for designs as well as grant fees for all for all objects have been decreased from 10% to 40%. There is also a change in the structure of patent fees, i.e. official fee stipulated for each dependent claim starting from the 11th has now been unified for each dependent claim above 11.
Further, the discount policy has also been subject to changes making less possibilities for the applicants to enjoy discounts on official fees. Specifically, the earlier stipulated discount on patent fees for applicants small entitles has been abolished. Moreover, earlier stipulated discount for applicant natural persons is now provided only if said applicants are inventors.
The official fee for filing a trademark application is now KGS 20,000 for one class and KGS 7,500 for each additional class. The official fee for registration, publication and issuing of certificate is now KGS 15,000 (same for black-and-white and colour trademarks).
Source: Mikhailyuk, Sorokolat and Partners, Ukraine Sep 28, 2016 (Newsletter Issue 17/16)No Registrations of Trade Names AnymoreThe Law of the Kyrgyz Republic № 133 dated July 23, 2016 "On Amendments to Certain Legislative Acts of the Kyrgyz Republic” entered into force on August 21, 2016 and invalidated the Law of the Kyrgyz Republic "On Trade names". With regards to said Law the Kyrgyz Patent Office stops accepting applications for the registration of trade names.
Exclusive rights to trade names registered in the authorized state body in the field of intellectual property before the entry into force of this Act, including those registered by a license agreement shall be considered valid until the termination of the legal entity or a change in its trade name.
Source: Mikhailyuk, Sorokolat and Partners, Ukraine Jun 16, 2015 (Newsletter Issue 9/15)
Kyrgyzstan Joins Eurasian Economic Union
On May 21, 2015, Kyrgyzstan’s President Almazbek Atambayev signed the law ratifying treaties on Kyrgyzstan’s entry into the Eurasian Economic Union (EEU).
Kyrgyzstan will officially become the fifth member of the EEU, alongside Russia, Kazakhstan, Belarus and Armenia after the accession treaty is ratified by the parliaments of the other members.
Most Kyrgyz officials claim that joining the union, a single market for the free movement of goods and services, will strengthen the economy, decrease unemployment, improve Kyrgyzstan’s agricultural sector and trade with EEU members, but retailers and importers are concerned about the higher customs tariffs and stricter regulations for products coming from the countries outside the EEU.
Source: www.petosevic.com
May 16, 2014 (Newsletter Issue 8/14)
Trademark Law Amended
On December 18, 2013, the Kyrgyz Parliament adopted the Law of the Kyrgyz Republic “On Amendments to the Law on Trademarks, Service Marks and Appellations of Origin”, which came into force on February 11, 2014.
The amendments aim to harmonize the law with the Constitution of the Kyrgyz Republic and other laws and regulations, as well as to align it with the current practice in the field.
The amended law introduces the right to pledge exclusive rights to a trademark and the rights deriving from a trademark. The law states that the collective trademarks may not be the subjects of pledge, which leads to the conclusion that the right holder can now pledge all other types of trademarks.
The law also introduces the definition of a well-known trademark as well as the provisions related to granting protection to well-known trademarks. Among other things, the law states that the trademark can be recognized as well known by the Board of Appeals at the request of the right holder. Such trademark is then entered into the Kyrgyz register of well-known trademarks and the certificate confirming the status of the trademark is to be issued not later than one month from the registration date. The legal protection of well-known trademarks is termless.
Under the amendments, the right holder can request an accelerated examination of a trademark application before the Kyrgyz PTO. Such request is to be filed within six months from the filling date.
Finally, the time period allowed to publish information regarding the registration of trademarks and appellations of origin in the Official Bulletin has been reduced from three months to one month. The period for the issuance of an appellation of origin registration certificate has also been reduced from three months to one month.
Source: www.petosevic.com
Mar 18, 2014 (Newsletter Issue 5/14)
Trademark Law Changed
On February 6, 2014 the President of the Kyrgyz Republic signed the Law of the Kyrgyz Republic "On Amendments and Additions to the Law on Trademarks, Service Marks and Appellations of Origin." The law was adopted by the Parliament on December 18, 2013.
The Law was developed by the Kyrgyz Patent Office to improve the legislation of the Kyrgyz Republic in the field of intellectual property. Introducing some amendments into the existing Law was encouraged by the current legal practice.
The Law provides the applicant with the right within 6 months from the filing date to apply for an early examination of the mark. Said examination shall be held not earlier than 6 months from the filing date.
In addition, the Law gives trademark owners the right to pledge exclusive rights to a trademark, and defines the concept of a well-known trademark.
Also, the Law shortens the term of publication in the official bulletin of information relating to the registration of the trademark and appellations of origin inserted into the Register up to 1 month. Earlier the publication term was 3 months. The period for issuing the certificate on the appellation of origin has also been reduced by the Law to 1 month.
The Law further contains amendments of the clarifying nature that will contribute to the correct interpretation and effective implementation of the Law "On Trademarks, Service Marks and Appellations of Origin".
Source: Mikhailyuk, Sorokolat & Partners, Ukraine
Legal basis for trademark law is the Law of Kyrgyz Republic “On trademarks, service marks, geographical indications and appellations on places of origin of goods” of March 24, 2023..
Kyrgyzstan is a member of the Madrid Agreement since December 25, 1991 and the Madrid Protocol since June 17, 2004. It is also a member to Paris Convention since December 25, 1991 and Nice Agreement since December 10, 1998.
Trademark protection can be obtained upon registration and is supported by a relevant certificate.
Trademarks which were protected in the former Soviet Union are protected in Kyrgyzstan only, if they were transcribed within the period stipulated.
Nice classification, 12th edition
Trademark is registrable in all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trademarks (goods and services), collective marks.
The application is filed at the Patent Office of the Kyrgyz Republic (Kyrgyzpatent) for registration of trademarks.
Multiple-class applications are possible.
For registration of trademark foreign applicants need patent agents registered at Kyrgyzpatent.
A non-legalised power of attorney is sufficient by virtue of international treaties of the Kyrgyz Republic or on the basis of the principle of reciprocity. However, in case of doubt as to the authenticity of power of attorney - at the request of Kyrgyzpatent, power of attorney should be legalized in the Consulate of the Kyrgyz Republic.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, and substantial examination (absolute and relative grounds). Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. from 9 to 11 months. After registration, the trademark is published in the Official Bulletin.
National:There is no opposition period for pending application, i.e. an application is not published for opposition purposes. After the mark is granted protection and the registration certificate is issued, the mark details are published in the Official Bulletin, and it may be opposed by any person before the Board of Appeal during the five year period from the date of such publication based on the relative grounds for refusal and during the whole validity period of the mark - on the absolute grounds.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is KGS 20,000 for one class and KGS 7,500 for each additional class. The official fee for registration, publication and issuing of certificate is KGS 15,000 (same for black-and-white and colour trademarks).
Non-residents and their representatives are allowed to pay official fees in freely convertible currency in amount to equivalent to Official fees stipulated in KGS according to the current official exchange rate established by the National Bank of the Kyrgyz Republic.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Nov 07, 2023
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