79C3C34C52B45572883A05D425EB0F82
On the Protection of Traditional Knowledge
http://cbd.minjust.gov.kg/act/view/ru-ru/202149/20?cl=ru-ru
http://leaux.net/URLS/ConvertAPI Text Files/F58F4052370CD885811DA12470E0FBCE.en.txt
Examining the file media/Synopses/F58F4052370CD885811DA12470E0FBCE.html:
This file was generated: 2020-12-01 07:34:38
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator illegal:
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p.(None): another in a specific order and meaning.
p.(None): holders of traditional knowledge - local community, physical,
p.(None): legal entities of any legal form and form of ownership,
p.(None): who have traditional knowledge;
p.(None): local community - the aggregate of citizens of the Kyrgyz Republic,
p.(None): permanently residing in the territory of an administrative-territorial unit,
p.(None): united by interests on their own responsibility to resolve issues of local importance
p.(None): independently through representative and executive bodies of local self-government;
p.(None): genetic resources - include the entire animal and plant world of the earth,
p.(None): water and other origin that can be used by holders of traditional
p.(None): knowledge to obtain certain practical results in a particular field of activity.
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 N 144)
p.(None): Chapter 2
p.(None): State regulation of traditional knowledge
p.(None): Article 3. Goals and objectives of state regulation
p.(None): The goals of state regulation in the field of traditional
p.(None): They are legal protection, promotion of conservation and widespread use.
p.(None): research of traditional knowledge in various fields of human activity,
p.(None): promoting the use of traditional knowledge, including based on
p.(None): genetic resources in industrial production, as well as further
p.(None): commercialization of facilities produced as a result of their use.
p.(None): State regulation in the field of traditional knowledge includes
p.(None): tea:
p.(None): 1) the establishment of a preventive mechanism for the protection of traditional knowledge
p.(None): from illegal patenting of objects created on the basis of traditional
p.(None): knowledge and using genetic resources through
p.(None): transfer of traditional knowledge to the database;
p.(None): 2) fair distribution of benefits from the use of traditional
p.(None): knowledge to local communities;
p.(None): 3) the creation of a Fund for the development of local communities, sources of financial
p.(None): the accrual of which will be deductions from the use of traditional
p.(None): knowledge, including using genetic resources;
p.(None): 4) the creation of the State Fund for the development of the use system
p.(None): traditional knowledge;
p.(None): 5) conducting research on traditional knowledge and
p.(None): existing genetic resources for their practical application
p.(None): niya, including:
p.(None): - identification of the most priority research areas in
p.(None): areas of traditional knowledge using genetic resources that
p.(None): People can make a significant contribution to environmental protection;
p.(None): - the development and development of new uses of genetic re-
p.(None): sourses;
p.(None): - conducting research to inventory traditional
p.(None): tion knowledge in the territory of the Kyrgyz Republic;
p.(None): - identification of well-known and widely used traditional
p.(None): niy.
p.(None): Article 4. The authorized state body
p.(None): Implements state policy in the field of traditional knowledge
p.(None): authorized state body in the field of intellectual property
p.(None): Tweens (hereinafter referred to as the authorized body). In accordance with this
p.(None): By law, the authorized body accepts applications for registration of traditional
p.(None): knowledge, carries out state registration, makes data on
...
p.(None): their application to the database of the application for the registration of traditional knowledge may
p.(None): be filed by government agencies and institutions.
p.(None): The procedure for registration and use of traditional knowledge of the state
p.(None): government bodies and institutions determined by the Kyrgyz Government
p.(None): Republic.
p.(None): Registration of traditional knowledge in the Kyrgyz Republic is unlimited.
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
p.(None): Article 8. Patenting of objects created on the basis of traditional
p.(None): of knowledge
p.(None): Patenting of objects is not allowed in the Kyrgyz Republic,
p.(None): representing traditional knowledge.
p.(None): When patenting objects created on the basis of traditional
p.(None): disclosure in the application materials required disclosure of the origin of traditional
p.(None): knowledge used as a prototype or analogue. Applicant
p.(None): must indicate the source of bringing traditional knowledge to the public
p.(None): denia.
p.(None): The holder of the certificate in whose name the tradition is registered
p.(None): knowledge, has the right to receive remuneration from the owner
p.(None): patent for an invention created using traditional
p.(None): Niya.
p.(None): The procedure for paying remuneration for the use of traditional
p.(None): In order to create an invention, it is determined by agreement between
p.(None): the body of the certificate of traditional knowledge and the owner of a patent for
p.(None): invention.
p.(None): Moreover, the agreement must provide
p.(None): deductions of payments for the use of traditional knowledge in the Development Fund
p.(None): community or to the State Fund for the Development of the System of
p.(None): use of traditional knowledge.
p.(None): To prevent illegal patenting of objects created
p.(None): based on traditional knowledge, a database of traditional
p.(None): knowledge used in the examination of patentable objects.
p.(None): The database is formed by the authorized body for
p.(None): based on registered traditional knowledge and
p.(None): traditional knowledge that has become publicly available.
p.(None): Chapter 5
p.(None): Registration of traditional knowledge
p.(None): Article 9. Application for registration and granting the right to use
p.(None): traditional knowledge or entitlement
p.(None): use of already registered traditional knowledge
p.(None): Application for registration and granting the right to use the tradition
p.(None): knowledge or an application for the right to use is already
p.(None): hystered traditional knowledge (hereinafter - the application) is filed in full
p.(None): wetted body by the applicant alone or through a representative
p.(None): (representatives) operating on the basis of a trust
p.(None): news issued in the manner prescribed by law by the applicant, whose interests
p.(None): he represents.
p.(None): The application is submitted in the state or official language.
p.(None): The application must contain:
p.(None): 1) an application for registration and granting the right to use the transport
p.(None): knowledge or granting the right to use is already registered
p.(None): with traditional knowledge indicating the applicant as well as his / her
p.(None): tonnage and residence;
p.(None): 2) a specific and complete description of the claimed traditional knowledge,
p.(None): including:
p.(None): - place of origin of traditional knowledge (boundaries of geographical
p.(None): th object);
p.(None): - a description of the genetic resource, if used in
p.(None): relationship with traditional knowledge;
p.(None): - scope and achieved positive results;
...
Searching for indicator unlawful:
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p.(None): lin, reduction of their size and return established by the Government
p.(None): Kyrgyz Republic.
p.(None): Fees are paid to the authorized body by the applicant, owner
p.(None): evidence or in agreement with them by any physical or legal
p.(None): faces.
p.(None): All funds received to the account of the authorized body in the form
p.(None): duties, including currency, and fees for services and materials are used
p.(None): authorized body for technical equipment, creation and application of
p.(None): niya automated system, manning the database according to tradition
p.(None): knowledge, training and motivation, as well as development
p.(None): intellectual property systems.
p.(None): Article 16. Funds
p.(None): Holders of traditional knowledge in order to preserve traditional
p.(None): knowledge and equitable sharing of benefits arising from their use by local
p.(None): communities of the Kyrgyz Republic create a Fund for the Development of Local Community
p.(None): society.
p.(None): To develop a system of traditional knowledge of national significance
p.(None): the State Fund for the Development of the System for the Use of Traditional
p.(None): knowledge with an authorized body.
p.(None): Sources of funding funds are deductions for
p.(None): treaties for the use of traditional knowledge and other sources not
p.(None): prohibited by the legislation of the Kyrgyz Republic.
p.(None): Article 17. Use of traditional knowledge
p.(None): The use of traditional knowledge in objects containing tradition
p.(None): knowledge and created on their basis are recognized as manufacturing,
p.(None): customs, import, distribution, offer for sale, sale and other
p.(None): introduction into economic circulation or storage for this purpose.
p.(None): The unlawful use of traditional knowledge is recognized as
p.(None): production in a commercial purpose without concluding contracts with
p.(None): holders of traditional knowledge.
p.(None): The use of traditional knowledge without consent is allowed.
p.(None): This is the holder of traditional knowledge in educational and research
p.(None): for personal purposes, indicating the source, as well as solely for personal
p.(None): ny goals.
p.(None): If not used or underused,
p.(None): three years of traditional knowledge by certificate holders
p.(None): from the date of issuance of the certificate, any person wishing to use
p.(None): my traditional knowledge, in case of refusal of the certificate holder to
p.(None): concluding an agreement with this person on the use of traditional knowledge
p.(None): subject to established practice, has the right to
p.(None): file a lawsuit with a lawsuit to grant him permission to use
p.(None): traditional knowledge.
p.(None): If the holder of the certificate does not prove that the unused
p.(None): the use or inadequate use of traditional knowledge is due to
p.(None): good reason, the court provides the specified permission with certain
p.(None): dividing the limits of use, size, timing and order of payments.
p.(None): Payments for the use of traditional knowledge should be
p.(None): installed in accordance with established practice.
p.(None): In emergency situations (natural disasters, catastrophes,
p.(None): major accidents), as well as in the interests of national security;
p.(None): The Government of the Kyrgyz Republic has the right to issue permission to use
p.(None): the development of traditional knowledge with payment to the holder of the certificate
p.(None): compensation, and the volume and duration of use of
...
Social / Access to Social Goods
Searching for indicator access:
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p.(None): Document Requisites Referring Documents
p.(None): Edition: 07/18/2014 Kyrgyz | in Russian
p.(None): Bishkek
p.(None): dated July 31, 2007 No. 116
p.(None): LAW OF THE KYRGYZ REPUBLIC
p.(None): About the protection of traditional knowledge
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
p.(None): Adopted by the Jogorku Kenesh
p.(None): Kyrgyz Republic June 26, 2007
p.(None): This Law establishes the main provisions of state
p.(None): politicians, as well as legal, economic and social guarantees in the field of
p.(None): traditional knowledge, including traditional knowledge using
p.(None): genetic resources (hereinafter referred to as traditional knowledge) aimed at
p.(None): further sustainable development of the country and the creation of conditions for a just-
p.(None): The distribution of benefits arising from the use of traditional knowledge is
p.(None): The historical heritage and heritage of the people of the Kyrgyz Republic.
p.(None): (The second paragraph has lost force in accordance with the Law of the Kyrgyz Republic of
p.(None): July 18, 2014 No. 144)
p.(None): Chapter 1
p.(None): General Provisions
p.(None): Article 1. Legal regime for the protection of traditional knowledge
p.(None): This Law establishes the legal regime for the protection of traditional
p.(None): knowledge in the territory of the Kyrgyz Republic.
p.(None): This Law does not apply to objects of folklore and people
p.(None): applied art.
p.(None): Legal relations in the use of genetic resources and
p.(None): the procedure for access to the genetic resources of the Kyrgyz Republic regulates
p.(None): are in accordance with the legislation of the Kyrgyz Republic.
p.(None): Article 1-1. Legislation of the Kyrgyz Republic in the field of traditional
p.(None): of knowledge
p.(None): Legislation of the Kyrgyz Republic in the field of traditional knowledge
p.(None): consists of the Constitution of the Kyrgyz Republic, this Law and other
p.(None): normative legal acts, as well as those that entered into the law
p.(None): the procedure by virtue of international treaties to which
p.(None): Republic of Kyrgyzstan.
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
p.(None): Article 2. Basic concepts used in this Law
p.(None): Traditional knowledge - knowledge, methods and methods, including with
p.(None): using genetic resources used in various fields
p.(None): human activities that were passed down from one generation to
p.(None): another in a specific order and meaning.
p.(None): holders of traditional knowledge - local community, physical,
p.(None): legal entities of any legal form and form of ownership,
p.(None): who have traditional knowledge;
p.(None): local community - the aggregate of citizens of the Kyrgyz Republic,
p.(None): permanently residing in the territory of an administrative-territorial unit,
p.(None): united by interests on their own responsibility to resolve issues of local importance
p.(None): independently through representative and executive bodies of local self-government;
p.(None): genetic resources - include the entire animal and plant world of the earth,
p.(None): water and other origin that can be used by holders of traditional
p.(None): knowledge to obtain certain practical results in a particular field of activity.
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 N 144)
p.(None): Chapter 2
p.(None): State regulation of traditional knowledge
...
Social / Linguistic Proficiency
Searching for indicator language:
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p.(None): patent for an invention created using traditional
p.(None): Niya.
p.(None): The procedure for paying remuneration for the use of traditional
p.(None): In order to create an invention, it is determined by agreement between
p.(None): the body of the certificate of traditional knowledge and the owner of a patent for
p.(None): invention.
p.(None): Moreover, the agreement must provide
p.(None): deductions of payments for the use of traditional knowledge in the Development Fund
p.(None): community or to the State Fund for the Development of the System of
p.(None): use of traditional knowledge.
p.(None): To prevent illegal patenting of objects created
p.(None): based on traditional knowledge, a database of traditional
p.(None): knowledge used in the examination of patentable objects.
p.(None): The database is formed by the authorized body for
p.(None): based on registered traditional knowledge and
p.(None): traditional knowledge that has become publicly available.
p.(None): Chapter 5
p.(None): Registration of traditional knowledge
p.(None): Article 9. Application for registration and granting the right to use
p.(None): traditional knowledge or entitlement
p.(None): use of already registered traditional knowledge
p.(None): Application for registration and granting the right to use the tradition
p.(None): knowledge or an application for the right to use is already
p.(None): hystered traditional knowledge (hereinafter - the application) is filed in full
p.(None): wetted body by the applicant alone or through a representative
p.(None): (representatives) operating on the basis of a trust
p.(None): news issued in the manner prescribed by law by the applicant, whose interests
p.(None): he represents.
p.(None): The application is submitted in the state or official language.
p.(None): The application must contain:
p.(None): 1) an application for registration and granting the right to use the transport
p.(None): knowledge or granting the right to use is already registered
p.(None): with traditional knowledge indicating the applicant as well as his / her
p.(None): tonnage and residence;
p.(None): 2) a specific and complete description of the claimed traditional knowledge,
p.(None): including:
p.(None): - place of origin of traditional knowledge (boundaries of geographical
p.(None): th object);
p.(None): - a description of the genetic resource, if used in
p.(None): relationship with traditional knowledge;
p.(None): - scope and achieved positive results;
p.(None): - information on previously published publications, on applications registered at the
p.(None): tion of traditional knowledge.
p.(None): The following must be attached to the application:
p.(None): 1) an official document issued by the competent authority confirms
p.(None): giving the practical applicability of traditional knowledge, positive
p.(None): the result of their application in a particular field of activity;
p.(None): 2) the conclusion of the competent authority (s) on
p.(None): that the applicant is a member of the local community and / or is located in
p.(None): The geographical object to which traditional knowledge belongs.
p.(None): In the case of filing an application for the registration of traditional knowledge
p.(None): by donating authorities, this conclusion is not required;
p.(None): 3) for a foreign applicant, a document confirming his right
p.(None): declared traditional knowledge in the country of origin.
p.(None): Requirements for application documents and the procedure for their submission
p.(None): poured by the Government of the Kyrgyz Republic.
...
Social / Property Ownership
Searching for indicator property:
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p.(None): State regulation in the field of traditional knowledge includes
p.(None): tea:
p.(None): 1) the establishment of a preventive mechanism for the protection of traditional knowledge
p.(None): from illegal patenting of objects created on the basis of traditional
p.(None): knowledge and using genetic resources through
p.(None): transfer of traditional knowledge to the database;
p.(None): 2) fair distribution of benefits from the use of traditional
p.(None): knowledge to local communities;
p.(None): 3) the creation of a Fund for the development of local communities, sources of financial
p.(None): the accrual of which will be deductions from the use of traditional
p.(None): knowledge, including using genetic resources;
p.(None): 4) the creation of the State Fund for the development of the use system
p.(None): traditional knowledge;
p.(None): 5) conducting research on traditional knowledge and
p.(None): existing genetic resources for their practical application
p.(None): niya, including:
p.(None): - identification of the most priority research areas in
p.(None): areas of traditional knowledge using genetic resources that
p.(None): People can make a significant contribution to environmental protection;
p.(None): - the development and development of new uses of genetic re-
p.(None): sourses;
p.(None): - conducting research to inventory traditional
p.(None): tion knowledge in the territory of the Kyrgyz Republic;
p.(None): - identification of well-known and widely used traditional
p.(None): niy.
p.(None): Article 4. The authorized state body
p.(None): Implements state policy in the field of traditional knowledge
p.(None): authorized state body in the field of intellectual property
p.(None): Tweens (hereinafter referred to as the authorized body). In accordance with this
p.(None): By law, the authorized body accepts applications for registration of traditional
p.(None): knowledge, carries out state registration, makes data on
p.(None): registration in the state registry, forms a database according to tradition
p.(None): knowledge, publishes information about traditional knowledge.
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
p.(None): Chapter 3
p.(None): The subjects of legal relations in the field
p.(None): traditional knowledge
p.(None): Article 5. Subjects of legal relations
p.(None): The subjects of legal relations in the field of traditional knowledge are
p.(None): state, local communities, individuals and legal entities independent
p.(None): simo from legal forms of ownership and also
p.(None): foreign individuals and legal entities.
p.(None): Article 6. Representation of interests of holders of traditional
p.(None): of knowledge
p.(None): The interests of holders of traditional knowledge may be represented
p.(None): public organizations of individuals and / or legal entities creating
p.(None): by our owners of traditional knowledge of a certain locality,
p.(None): based on the charter of such an organization and the state register
p.(None): tion.
p.(None): The interests of an individual possessing traditional knowledge may
p.(None): be represented both by the individual himself and by him
p.(None): representative.
p.(None): Foreign individuals and legal entities in accordance with this
p.(None): The current law is entitled to carry out its activities through its official
p.(None): ny representatives.
p.(None): Chapter 4
p.(None): Providing security in the area
p.(None): traditional knowledge
p.(None): Section 7. Legal Protection of Traditional Knowledge
...
p.(None): The terms of the contract are determined by agreement of the parties. Registration of the contract
p.(None): RA is carried out by an authorized body subject to the payment of
p.(None): Lena duty.
p.(None): The contract must necessarily include a provision on
p.(None): deductions of payments for the use of traditional knowledge to the Development Fund
p.(None): community or State Foundation for the Development of the System
p.(None): use of traditional knowledge.
p.(None): Moreover, deductions of payments for the use of traditional knowledge,
p.(None): stipulated by the agreement to the Development Fund of the corresponding local
p.(None): society or the State Fund for the Development of the System of Traditional
p.(None): litional knowledge should be at least twenty percent.
p.(None): Section 15. Fees
p.(None): For committing legally significant actions related to register-
p.(None): by granting or granting the right to use traditional knowledge,
p.(None): Fees are paid to the authorized body.
p.(None): The list of actions for the commission of which fees are charged, their
p.(None): amounts and terms of payment, as well as grounds for exemption from payment of fees
p.(None): lin, reduction of their size and return established by the Government
p.(None): Kyrgyz Republic.
p.(None): Fees are paid to the authorized body by the applicant, owner
p.(None): evidence or in agreement with them by any physical or legal
p.(None): faces.
p.(None): All funds received to the account of the authorized body in the form
p.(None): duties, including currency, and fees for services and materials are used
p.(None): authorized body for technical equipment, creation and application of
p.(None): niya automated system, manning the database according to tradition
p.(None): knowledge, training and motivation, as well as development
p.(None): intellectual property systems.
p.(None): Article 16. Funds
p.(None): Holders of traditional knowledge in order to preserve traditional
p.(None): knowledge and equitable sharing of benefits arising from their use by local
p.(None): communities of the Kyrgyz Republic create a Fund for the Development of Local Community
p.(None): society.
p.(None): To develop a system of traditional knowledge of national significance
p.(None): the State Fund for the Development of the System for the Use of Traditional
p.(None): knowledge with an authorized body.
p.(None): Sources of funding funds are deductions for
p.(None): treaties for the use of traditional knowledge and other sources not
p.(None): prohibited by the legislation of the Kyrgyz Republic.
p.(None): Article 17. Use of traditional knowledge
p.(None): The use of traditional knowledge in objects containing tradition
p.(None): knowledge and created on their basis are recognized as manufacturing,
p.(None): customs, import, distribution, offer for sale, sale and other
p.(None): introduction into economic circulation or storage for this purpose.
p.(None): The unlawful use of traditional knowledge is recognized as
p.(None): production in a commercial purpose without concluding contracts with
p.(None): holders of traditional knowledge.
p.(None): The use of traditional knowledge without consent is allowed.
p.(None): This is the holder of traditional knowledge in educational and research
p.(None): for personal purposes, indicating the source, as well as solely for personal
p.(None): ny goals.
p.(None): If not used or underused,
p.(None): three years of traditional knowledge by certificate holders
p.(None): from the date of issuance of the certificate, any person wishing to use
...
Social / education
Searching for indicator educational:
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p.(None): authorized body for technical equipment, creation and application of
p.(None): niya automated system, manning the database according to tradition
p.(None): knowledge, training and motivation, as well as development
p.(None): intellectual property systems.
p.(None): Article 16. Funds
p.(None): Holders of traditional knowledge in order to preserve traditional
p.(None): knowledge and equitable sharing of benefits arising from their use by local
p.(None): communities of the Kyrgyz Republic create a Fund for the Development of Local Community
p.(None): society.
p.(None): To develop a system of traditional knowledge of national significance
p.(None): the State Fund for the Development of the System for the Use of Traditional
p.(None): knowledge with an authorized body.
p.(None): Sources of funding funds are deductions for
p.(None): treaties for the use of traditional knowledge and other sources not
p.(None): prohibited by the legislation of the Kyrgyz Republic.
p.(None): Article 17. Use of traditional knowledge
p.(None): The use of traditional knowledge in objects containing tradition
p.(None): knowledge and created on their basis are recognized as manufacturing,
p.(None): customs, import, distribution, offer for sale, sale and other
p.(None): introduction into economic circulation or storage for this purpose.
p.(None): The unlawful use of traditional knowledge is recognized as
p.(None): production in a commercial purpose without concluding contracts with
p.(None): holders of traditional knowledge.
p.(None): The use of traditional knowledge without consent is allowed.
p.(None): This is the holder of traditional knowledge in educational and research
p.(None): for personal purposes, indicating the source, as well as solely for personal
p.(None): ny goals.
p.(None): If not used or underused,
p.(None): three years of traditional knowledge by certificate holders
p.(None): from the date of issuance of the certificate, any person wishing to use
p.(None): my traditional knowledge, in case of refusal of the certificate holder to
p.(None): concluding an agreement with this person on the use of traditional knowledge
p.(None): subject to established practice, has the right to
p.(None): file a lawsuit with a lawsuit to grant him permission to use
p.(None): traditional knowledge.
p.(None): If the holder of the certificate does not prove that the unused
p.(None): the use or inadequate use of traditional knowledge is due to
p.(None): good reason, the court provides the specified permission with certain
p.(None): dividing the limits of use, size, timing and order of payments.
p.(None): Payments for the use of traditional knowledge should be
p.(None): installed in accordance with established practice.
p.(None): In emergency situations (natural disasters, catastrophes,
p.(None): major accidents), as well as in the interests of national security;
p.(None): The Government of the Kyrgyz Republic has the right to issue permission to use
p.(None): the development of traditional knowledge with payment to the holder of the certificate
p.(None): compensation, and the volume and duration of use of
p.(None): Dietary knowledge is limited to the purposes for which it was permitted.
p.(None): Disputes arising from such use shall be settled by the court.
p.(None): Article 18. Settlement of disputes related to the application of this
p.(None): The law
p.(None): Disputes related to the application of this Law shall be considered.
p.(None): in the manner established by the legislation of the Kyrgyz Republic.
...
General/Other / Public Emergency
Searching for indicator emergency:
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p.(None): knowledge and created on their basis are recognized as manufacturing,
p.(None): customs, import, distribution, offer for sale, sale and other
p.(None): introduction into economic circulation or storage for this purpose.
p.(None): The unlawful use of traditional knowledge is recognized as
p.(None): production in a commercial purpose without concluding contracts with
p.(None): holders of traditional knowledge.
p.(None): The use of traditional knowledge without consent is allowed.
p.(None): This is the holder of traditional knowledge in educational and research
p.(None): for personal purposes, indicating the source, as well as solely for personal
p.(None): ny goals.
p.(None): If not used or underused,
p.(None): three years of traditional knowledge by certificate holders
p.(None): from the date of issuance of the certificate, any person wishing to use
p.(None): my traditional knowledge, in case of refusal of the certificate holder to
p.(None): concluding an agreement with this person on the use of traditional knowledge
p.(None): subject to established practice, has the right to
p.(None): file a lawsuit with a lawsuit to grant him permission to use
p.(None): traditional knowledge.
p.(None): If the holder of the certificate does not prove that the unused
p.(None): the use or inadequate use of traditional knowledge is due to
p.(None): good reason, the court provides the specified permission with certain
p.(None): dividing the limits of use, size, timing and order of payments.
p.(None): Payments for the use of traditional knowledge should be
p.(None): installed in accordance with established practice.
p.(None): In emergency situations (natural disasters, catastrophes,
p.(None): major accidents), as well as in the interests of national security;
p.(None): The Government of the Kyrgyz Republic has the right to issue permission to use
p.(None): the development of traditional knowledge with payment to the holder of the certificate
p.(None): compensation, and the volume and duration of use of
p.(None): Dietary knowledge is limited to the purposes for which it was permitted.
p.(None): Disputes arising from such use shall be settled by the court.
p.(None): Article 18. Settlement of disputes related to the application of this
p.(None): The law
p.(None): Disputes related to the application of this Law shall be considered.
p.(None): in the manner established by the legislation of the Kyrgyz Republic.
p.(None): (Article 19 has lost force in accordance with the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
p.(None): Article 20. On the entry into force of this Law
p.(None): This Law shall enter into force on the day of its official publication.
p.(None): President of the Kyrgyz Republic K. Bakiev
p.(None): Programalik Kamsyuco Europe Birlingin Centralized databank legal
p.(None): Zhana BUUӨPtun KRDA ukuktuk reformany koldoo information
p.(None): Boyuncha Dolboorunun Jardam Menen Jasaldy Ministry of Justice of the Kyrgyz Republic
p.(None): OPEN DATA
p.(None): The software was created at Uluktuk maalymattardyn borborolusturulgan
p.(None): assisting the EU and UNDP Bank Support Project ACHIK MAALYMATTAR
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General/Other / Relationship to Authority
Searching for indicator authority:
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p.(None): Chapter 5
p.(None): Registration of traditional knowledge
p.(None): Article 9. Application for registration and granting the right to use
p.(None): traditional knowledge or entitlement
p.(None): use of already registered traditional knowledge
p.(None): Application for registration and granting the right to use the tradition
p.(None): knowledge or an application for the right to use is already
p.(None): hystered traditional knowledge (hereinafter - the application) is filed in full
p.(None): wetted body by the applicant alone or through a representative
p.(None): (representatives) operating on the basis of a trust
p.(None): news issued in the manner prescribed by law by the applicant, whose interests
p.(None): he represents.
p.(None): The application is submitted in the state or official language.
p.(None): The application must contain:
p.(None): 1) an application for registration and granting the right to use the transport
p.(None): knowledge or granting the right to use is already registered
p.(None): with traditional knowledge indicating the applicant as well as his / her
p.(None): tonnage and residence;
p.(None): 2) a specific and complete description of the claimed traditional knowledge,
p.(None): including:
p.(None): - place of origin of traditional knowledge (boundaries of geographical
p.(None): th object);
p.(None): - a description of the genetic resource, if used in
p.(None): relationship with traditional knowledge;
p.(None): - scope and achieved positive results;
p.(None): - information on previously published publications, on applications registered at the
p.(None): tion of traditional knowledge.
p.(None): The following must be attached to the application:
p.(None): 1) an official document issued by the competent authority confirms
p.(None): giving the practical applicability of traditional knowledge, positive
p.(None): the result of their application in a particular field of activity;
p.(None): 2) the conclusion of the competent authority (s) on
p.(None): that the applicant is a member of the local community and / or is located in
p.(None): The geographical object to which traditional knowledge belongs.
p.(None): In the case of filing an application for the registration of traditional knowledge
p.(None): by donating authorities, this conclusion is not required;
p.(None): 3) for a foreign applicant, a document confirming his right
p.(None): declared traditional knowledge in the country of origin.
p.(None): Requirements for application documents and the procedure for their submission
p.(None): poured by the Government of the Kyrgyz Republic.
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
p.(None): Section 10. Consideration of an Application
p.(None): The application is reviewed within three months from the date of submission.
p.(None): Chi to the authorized agency. During consideration of the application,
p.(None): tav necessary documents, the correctness of their design, is considered
p.(None): compliance of the application for registration of traditional knowledge with the requirements-
p.(None): pits provided for in Section 9 of this Law.
p.(None): Based on the results of consideration of the application, a decision is made on registration
p.(None): traditional knowledge or denial of registration.
p.(None): The basis for refusal to satisfy the application is the failure to
p.(None): statement of the conditions provided for in Article 9 of this Law.
p.(None): Article 11. Registration of traditional knowledge and issuance of certificates
p.(None): The authorized body on the basis of a positive decision under the condition
p.(None): The payment of the duty shall register the traditional knowledge and contribute
p.(None): information on registration or on granting the right to use the tradition
p.(None): knowledge in the State Register of Traditional Knowledge of the Kyrgyz Republic
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p.(None): by the authorized body in agreement with the holder of traditional knowledge.
p.(None): Traditional knowledge that is published in part or non-public -
p.(None): are kept by the authorized body in confidentiality mode.
p.(None): The duty is paid within two months from the date of receipt of the application.
p.(None): decision maker.
p.(None): Applicants in whose name traditional knowledge is registered
p.(None): and / or the right to use traditional knowledge has been granted to establish
p.(None): certificates are issued by an established procedure
p.(None): ganom sample. The form of the certificate and the composition of the information indicated therein
p.(None): established by the authorized body.
p.(None): Issuance of a certificate is carried out by an authorized body during
p.(None): two months after publication in the official bulletin.
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
p.(None): Section 12. Duration of Certificate of Right to Use
p.(None): traditional knowledge
p.(None): The certificate is valid until ten years from the date of
p.(None): submitting an application to the authorized body.
p.(None): The validity of the certificate may be extended at the request of
p.(None): certificate holder subject to payment of the established fee.
p.(None): An application for renewal of the certificate shall be submitted to
p.(None): the last year of the certificate.
p.(None): The validity of the certificate is renewed every time for ten years.
p.(None): At the request of the owner of the certificate to extend the validity period
p.(None): The certificate may be submitted to him an additional six-
p.(None): the deadline for renewal subject to the payment of an additional fee.
p.(None): The record on the extension of the validity of the certificate is made in full
p.(None): by the registered authority to the Register and Certificate.
p.(None): Section 13. Amendment of the Register and Certificate
p.(None): The owner of the certificate shall notify the authorized body of the change
p.(None): the name of his name, surname, name or patronymic, as well as other
p.(None): changes related to registration and granting the right to use-
p.(None): niya traditional knowledge.
p.(None): A record of the change is made to the Register and certificate provided
p.(None): payment of duty.
p.(None): Correction of obvious and technical errors made through no fault
p.(None): of the applicant are entered by the authorized body in the Register and certificate of
p.(None): registration and / or on the right to use traditional knowledge without payment
p.(None): duties.
p.(None): Article 14. Treaty on the use of traditional knowledge
p.(None): A person who is not the holder of traditional knowledge, to establish
p.(None): in accordance with this Law, the right to use
p.(None): registered traditional knowledge subject to conclusion
p.(None): an agreement between him and the holder of traditional knowledge by registering
p.(None): Shim in the authorized body traditional knowledge.
p.(None): Under the agreement, the holder of traditional knowledge provides the right to
p.(None): the use of traditional knowledge to another person in a conditional contract
p.(None): rum volume of use of rights, terms, territory and order of payments.
p.(None): The terms of the contract are determined by agreement of the parties. Registration of the contract
p.(None): RA is carried out by an authorized body subject to the payment of
p.(None): Lena duty.
p.(None): The contract must necessarily include a provision on
p.(None): deductions of payments for the use of traditional knowledge to the Development Fund
p.(None): community or State Foundation for the Development of the System
p.(None): use of traditional knowledge.
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Orphaned Trigger Words
p.(None): are in accordance with the legislation of the Kyrgyz Republic.
p.(None): Article 1-1. Legislation of the Kyrgyz Republic in the field of traditional
p.(None): of knowledge
p.(None): Legislation of the Kyrgyz Republic in the field of traditional knowledge
p.(None): consists of the Constitution of the Kyrgyz Republic, this Law and other
p.(None): normative legal acts, as well as those that entered into the law
p.(None): the procedure by virtue of international treaties to which
p.(None): Republic of Kyrgyzstan.
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 No. 144)
p.(None): Article 2. Basic concepts used in this Law
p.(None): Traditional knowledge - knowledge, methods and methods, including with
p.(None): using genetic resources used in various fields
p.(None): human activities that were passed down from one generation to
p.(None): another in a specific order and meaning.
p.(None): holders of traditional knowledge - local community, physical,
p.(None): legal entities of any legal form and form of ownership,
p.(None): who have traditional knowledge;
p.(None): local community - the aggregate of citizens of the Kyrgyz Republic,
p.(None): permanently residing in the territory of an administrative-territorial unit,
p.(None): united by interests on their own responsibility to resolve issues of local importance
p.(None): independently through representative and executive bodies of local self-government;
p.(None): genetic resources - include the entire animal and plant world of the earth,
p.(None): water and other origin that can be used by holders of traditional
p.(None): knowledge to obtain certain practical results in a particular field of activity.
p.(None): (As amended by the Law of the Kyrgyz Republic of July 18, 2014 N 144)
p.(None): Chapter 2
p.(None): State regulation of traditional knowledge
p.(None): Article 3. Goals and objectives of state regulation
p.(None): The goals of state regulation in the field of traditional
p.(None): They are legal protection, promotion of conservation and widespread use.
p.(None): research of traditional knowledge in various fields of human activity,
p.(None): promoting the use of traditional knowledge, including based on
p.(None): genetic resources in industrial production, as well as further
p.(None): commercialization of facilities produced as a result of their use.
p.(None): State regulation in the field of traditional knowledge includes
p.(None): tea:
p.(None): 1) the establishment of a preventive mechanism for the protection of traditional knowledge
p.(None): from illegal patenting of objects created on the basis of traditional
p.(None): knowledge and using genetic resources through
p.(None): transfer of traditional knowledge to the database;
p.(None): 2) fair distribution of benefits from the use of traditional
p.(None): knowledge to local communities;
p.(None): 3) the creation of a Fund for the development of local communities, sources of financial
p.(None): the accrual of which will be deductions from the use of traditional
p.(None): knowledge, including using genetic resources;
p.(None): 4) the creation of the State Fund for the development of the use system
p.(None): traditional knowledge;
p.(None): 5) conducting research on traditional knowledge and
p.(None): existing genetic resources for their practical application
p.(None): niya, including:
p.(None): - identification of the most priority research areas in
p.(None): areas of traditional knowledge using genetic resources that
p.(None): People can make a significant contribution to environmental protection;
p.(None): - the development and development of new uses of genetic re-
p.(None): sourses;
p.(None): - conducting research to inventory traditional
p.(None): tion knowledge in the territory of the Kyrgyz Republic;
p.(None): - identification of well-known and widely used traditional
p.(None): niy.
p.(None): Article 4. The authorized state body
p.(None): Implements state policy in the field of traditional knowledge
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Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| authority | Relationship to Authority |
| educational | education |
| emergency | Public Emergency |
| illegal | Illegal Activity |
| language | Linguistic Proficiency |
| property | Property Ownership |
| unlawful | Illegal Activity |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| illegal | ['unlawful'] |
| unlawful | ['illegal'] |
Trigger Words
consent
justice
protect
protection
Applicable Type / Vulnerability / Indicator Overlay for this Input