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Home »Normative legal acts» Law of the Kyrgyz Republic of July 31, 2007 No. 116 "On the Protection of Traditional Knowledge"
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Edition: 07/18/2014 Kyrgyz | in Russian
Bishkek
dated July 31, 2007 No. 116
LAW OF THE KYRGYZ REPUBLIC
About the protection of traditional knowledge
(As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
Adopted by the Jogorku Kenesh
Kyrgyz Republic June 26, 2007
This Law establishes the main provisions of state
politicians, as well as legal, economic and social guarantees in the field of
traditional knowledge, including traditional knowledge using
genetic resources (hereinafter referred to as traditional knowledge) aimed at
further sustainable development of the country and the creation of conditions for a just-
The distribution of benefits arising from the use of traditional knowledge is
The historical heritage and heritage of the people of the Kyrgyz Republic.
(The second paragraph has lost force in accordance with the Law of the Kyrgyz Republic of
July 18, 2014 No. 144)
Chapter 1
General Provisions
Article 1. Legal regime for the protection of traditional knowledge
This Law establishes the legal regime for the protection of traditional
knowledge in the territory of the Kyrgyz Republic.
This Law does not apply to objects of folklore and people
applied art.
Legal relations in the use of genetic resources and
the procedure for access to the genetic resources of the Kyrgyz Republic regulates
are in accordance with the legislation of the Kyrgyz Republic.
Article 1-1. Legislation of the Kyrgyz Republic in the field of traditional
of knowledge
Legislation of the Kyrgyz Republic in the field of traditional knowledge
consists of the Constitution of the Kyrgyz Republic, this Law and other
normative legal acts, as well as those that entered into the law
the procedure by virtue of international treaties to which
Republic of Kyrgyzstan.
(As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
Article 2. Basic concepts used in this Law
Traditional knowledge - knowledge, methods and methods, including with
using genetic resources used in various fields
human activities that were passed down from one generation to
another in a specific order and meaning.
holders of traditional knowledge - local community, physical,
legal entities of any legal form and form of ownership,
who have traditional knowledge;
local community - the aggregate of citizens of the Kyrgyz Republic,
permanently residing in the territory of an administrative-territorial unit,
united by interests on their own responsibility to resolve issues of local importance
independently through representative and executive bodies of local self-government;
genetic resources - include the entire animal and plant world of the earth,
water and other origin that can be used by holders of traditional
knowledge to obtain certain practical results in a particular field of activity.
(As amended by the Law of the Kyrgyz Republic of July 18, 2014 N 144)
Chapter 2
State regulation of traditional knowledge
Article 3. Goals and objectives of state regulation
The goals of state regulation in the field of traditional
They are legal protection, promotion of conservation and widespread use.
research of traditional knowledge in various fields of human activity,
promoting the use of traditional knowledge, including based on
genetic resources in industrial production, as well as further
commercialization of facilities produced as a result of their use.
State regulation in the field of traditional knowledge includes
tea:
1) the establishment of a preventive mechanism for the protection of traditional knowledge
from illegal patenting of objects created on the basis of traditional
knowledge and using genetic resources through
transfer of traditional knowledge to the database;
2) fair distribution of benefits from the use of traditional
knowledge to local communities;
3) the creation of a Fund for the development of local communities, sources of financial
the accrual of which will be deductions from the use of traditional
knowledge, including using genetic resources;
4) the creation of the State Fund for the development of the use system
traditional knowledge;
5) conducting research on traditional knowledge and
existing genetic resources for their practical application
niya, including:
- identification of the most priority research areas in
areas of traditional knowledge using genetic resources that
People can make a significant contribution to environmental protection;
- the development and development of new uses of genetic re-
sourses;
- conducting research to inventory traditional
tion knowledge in the territory of the Kyrgyz Republic;
- identification of well-known and widely used traditional
niy.
Article 4. The authorized state body
Implements state policy in the field of traditional knowledge
authorized state body in the field of intellectual property
Tweens (hereinafter referred to as the authorized body). In accordance with this
By law, the authorized body accepts applications for registration of traditional
knowledge, carries out state registration, makes data on
registration in the state registry, forms a database according to tradition
knowledge, publishes information about traditional knowledge.
(As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
Chapter 3
The subjects of legal relations in the field
traditional knowledge
Article 5. Subjects of legal relations
The subjects of legal relations in the field of traditional knowledge are
state, local communities, individuals and legal entities independent
simo from legal forms of ownership and also
foreign individuals and legal entities.
Article 6. Representation of interests of holders of traditional
of knowledge
The interests of holders of traditional knowledge may be represented
public organizations of individuals and / or legal entities creating
by our owners of traditional knowledge of a certain locality,
based on the charter of such an organization and the state register
tion.
The interests of an individual possessing traditional knowledge may
be represented both by the individual himself and by him
representative.
Foreign individuals and legal entities in accordance with this
The current law is entitled to carry out its activities through its official
ny representatives.
Chapter 4
Providing security in the area
traditional knowledge
Section 7. Legal Protection of Traditional Knowledge
Legal protection extends to traditional knowledge in practice.
Ki applicable in a particular area of ​​human activity and having
positive result in their scope.
Legal protection does not apply to traditional knowledge, which
those who are real or potentially harmful to human life and health
century as well as the environment.
Legal protection of traditional knowledge arises on the basis of register-
walkie-talkies in the manner prescribed by this Law or entered into
established by law by force of an international agreement, a participant
which is the Kyrgyz Republic order by virtue of international
agreement of the Kyrgyz Republic.
Traditional knowledge may be registered alone or jointly.
but by several legal entities or individuals, regardless of form
ownership of traditional knowledge.
In order to protect traditional knowledge in the Kyrgyz Republic, including
their application to the database of the application for the registration of traditional knowledge may
be filed by government agencies and institutions.
The procedure for registration and use of traditional knowledge of the state
government bodies and institutions determined by the Kyrgyz Government
Republic.
Registration of traditional knowledge in the Kyrgyz Republic is unlimited.
(As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
Article 8. Patenting of objects created on the basis of traditional
of knowledge
Patenting of objects is not allowed in the Kyrgyz Republic,
representing traditional knowledge.
When patenting objects created on the basis of traditional
disclosure in the application materials required disclosure of the origin of traditional
knowledge used as a prototype or analogue. Applicant
must indicate the source of bringing traditional knowledge to the public
denia.
The holder of the certificate in whose name the tradition is registered
knowledge, has the right to receive remuneration from the owner
patent for an invention created using traditional
Niya.
The procedure for paying remuneration for the use of traditional
In order to create an invention, it is determined by agreement between
the body of the certificate of traditional knowledge and the owner of a patent for
invention.
Moreover, the agreement must provide
deductions of payments for the use of traditional knowledge in the Development Fund
community or to the State Fund for the Development of the System of
use of traditional knowledge.
To prevent illegal patenting of objects created
based on traditional knowledge, a database of traditional
knowledge used in the examination of patentable objects.
The database is formed by the authorized body for
based on registered traditional knowledge and
traditional knowledge that has become publicly available.
Chapter 5
Registration of traditional knowledge
Article 9. Application for registration and granting the right to use
traditional knowledge or entitlement
use of already registered traditional knowledge
Application for registration and granting the right to use the tradition
knowledge or an application for the right to use is already
hystered traditional knowledge (hereinafter - the application) is filed in full
wetted body by the applicant alone or through a representative
(representatives) operating on the basis of a trust
news issued in the manner prescribed by law by the applicant, whose interests
he represents.
The application is submitted in the state or official language.
The application must contain:
1) an application for registration and granting the right to use the transport
knowledge or granting the right to use is already registered
with traditional knowledge indicating the applicant as well as his / her
tonnage and residence;
2) a specific and complete description of the claimed traditional knowledge,
including:
- place of origin of traditional knowledge (boundaries of geographical
th object);
- a description of the genetic resource, if used in
relationship with traditional knowledge;
- scope and achieved positive results;
- information on previously published publications, on applications registered at the
tion of traditional knowledge.
The following must be attached to the application:
1) an official document issued by the competent authority confirms
giving the practical applicability of traditional knowledge, positive
the result of their application in a particular field of activity;
2) the conclusion of the competent authority (s) on
that the applicant is a member of the local community and / or is located in
The geographical object to which traditional knowledge belongs.
In the case of filing an application for the registration of traditional knowledge
by donating authorities, this conclusion is not required;
3) for a foreign applicant, a document confirming his right
declared traditional knowledge in the country of origin.
Requirements for application documents and the procedure for their submission
poured by the Government of the Kyrgyz Republic.
(As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
Section 10. Consideration of an Application
The application is reviewed within three months from the date of submission.
Chi to the authorized agency. During consideration of the application,
tav necessary documents, the correctness of their design, is considered
compliance of the application for registration of traditional knowledge with the requirements-
pits provided for in Section 9 of this Law.
Based on the results of consideration of the application, a decision is made on registration
traditional knowledge or denial of registration.
The basis for refusal to satisfy the application is the failure to
statement of the conditions provided for in Article 9 of this Law.
Article 11. Registration of traditional knowledge and issuance of certificates
The authorized body on the basis of a positive decision under the condition
The payment of the duty shall register the traditional knowledge and contribute
information on registration or on granting the right to use the tradition
knowledge in the State Register of Traditional Knowledge of the Kyrgyz Republic
Republic (hereinafter - the Register). The order of entry and the list of information
entered in the Register are determined by the Government of the Kyrgyz Republic.
At the request of holders of traditional knowledge, information related to
registration of traditional knowledge entered in the Register, subject to payment
established duties may be published by the authorized body in
official bulletin within three months from the date of their entry in the Re-
estr. The volume and content of published information are established in full
by the authorized body in agreement with the holder of traditional knowledge.
Traditional knowledge that is published in part or non-public -
are kept by the authorized body in confidentiality mode.
The duty is paid within two months from the date of receipt of the application.
decision maker.
Applicants in whose name traditional knowledge is registered
and / or the right to use traditional knowledge has been granted to establish
certificates are issued by an established procedure
ganom sample. The form of the certificate and the composition of the information indicated therein
established by the authorized body.
Issuance of a certificate is carried out by an authorized body during
two months after publication in the official bulletin.
(As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
Section 12. Duration of Certificate of Right to Use
traditional knowledge
The certificate is valid until ten years from the date of
submitting an application to the authorized body.
The validity of the certificate may be extended at the request of
certificate holder subject to payment of the established fee.
An application for renewal of the certificate shall be submitted to
the last year of the certificate.
The validity of the certificate is renewed every time for ten years.
At the request of the owner of the certificate to extend the validity period
The certificate may be submitted to him an additional six-
the deadline for renewal subject to the payment of an additional fee.
The record on the extension of the validity of the certificate is made in full
by the registered authority to the Register and Certificate.
Section 13. Amendment of the Register and Certificate
The owner of the certificate shall notify the authorized body of the change
the name of his name, surname, name or patronymic, as well as other
changes related to registration and granting the right to use-
niya traditional knowledge.
A record of the change is made to the Register and certificate provided
payment of duty.
Correction of obvious and technical errors made through no fault
of the applicant are entered by the authorized body in the Register and certificate of
registration and / or on the right to use traditional knowledge without payment
duties.
Article 14. Treaty on the use of traditional knowledge
A person who is not the holder of traditional knowledge, to establish
in accordance with this Law, the right to use
registered traditional knowledge subject to conclusion
an agreement between him and the holder of traditional knowledge by registering
Shim in the authorized body traditional knowledge.
Under the agreement, the holder of traditional knowledge provides the right to
the use of traditional knowledge to another person in a conditional contract
rum volume of use of rights, terms, territory and order of payments.
The terms of the contract are determined by agreement of the parties. Registration of the contract
RA is carried out by an authorized body subject to the payment of
Lena duty.
The contract must necessarily include a provision on
deductions of payments for the use of traditional knowledge to the Development Fund
community or State Foundation for the Development of the System
use of traditional knowledge.
Moreover, deductions of payments for the use of traditional knowledge,
stipulated by the agreement to the Development Fund of the corresponding local
society or the State Fund for the Development of the System of Traditional
litional knowledge should be at least twenty percent.
Section 15. Fees
For committing legally significant actions related to register-
by granting or granting the right to use traditional knowledge,
Fees are paid to the authorized body.
The list of actions for the commission of which fees are charged, their
amounts and terms of payment, as well as grounds for exemption from payment of fees
lin, reduction of their size and return established by the Government
Kyrgyz Republic.
Fees are paid to the authorized body by the applicant, owner
evidence or in agreement with them by any physical or legal
faces.
All funds received to the account of the authorized body in the form
duties, including currency, and fees for services and materials are used
authorized body for technical equipment, creation and application of
niya automated system, manning the database according to tradition
knowledge, training and motivation, as well as development
intellectual property systems.
Article 16. Funds
Holders of traditional knowledge in order to preserve traditional
knowledge and equitable sharing of benefits arising from their use by local
communities of the Kyrgyz Republic create a Fund for the Development of Local Community
society.
To develop a system of traditional knowledge of national significance
the State Fund for the Development of the System for the Use of Traditional
knowledge with an authorized body.
Sources of funding funds are deductions for
treaties for the use of traditional knowledge and other sources not
prohibited by the legislation of the Kyrgyz Republic.
Article 17. Use of traditional knowledge
The use of traditional knowledge in objects containing tradition
knowledge and created on their basis are recognized as manufacturing,
customs, import, distribution, offer for sale, sale and other
introduction into economic circulation or storage for this purpose.
The unlawful use of traditional knowledge is recognized as
production in a commercial purpose without concluding contracts with
holders of traditional knowledge.
The use of traditional knowledge without consent is allowed.
This is the holder of traditional knowledge in educational and research
for personal purposes, indicating the source, as well as solely for personal
ny goals.
If not used or underused,
three years of traditional knowledge by certificate holders
from the date of issuance of the certificate, any person wishing to use
my traditional knowledge, in case of refusal of the certificate holder to
concluding an agreement with this person on the use of traditional knowledge
subject to established practice, has the right to
file a lawsuit with a lawsuit to grant him permission to use
traditional knowledge.
If the holder of the certificate does not prove that the unused
the use or inadequate use of traditional knowledge is due to
good reason, the court provides the specified permission with certain
dividing the limits of use, size, timing and order of payments.
Payments for the use of traditional knowledge should be
installed in accordance with established practice.
In emergency situations (natural disasters, catastrophes,
major accidents), as well as in the interests of national security;
The Government of the Kyrgyz Republic has the right to issue permission to use
the development of traditional knowledge with payment to the holder of the certificate
compensation, and the volume and duration of use of
Dietary knowledge is limited to the purposes for which it was permitted.
Disputes arising from such use shall be settled by the court.
Article 18. Settlement of disputes related to the application of this
The law
Disputes related to the application of this Law shall be considered.
in the manner established by the legislation of the Kyrgyz Republic.
(Article 19 has lost force in accordance with the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
Article 20. On the entry into force of this Law
This Law shall enter into force on the day of its official publication.
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