Kyrgyzstan Patent Law
The Patent Law of February 4, 1998, with amendments as of July 25, 2002, March 7, 2003, December 6, 2006, January 25, 2013, April 10, 2015 and May 26, 2018.
Kyrgyzstan is member of the following IP Treaties and Conventions
Paris Convention, since December 25, 1991.
Patent Cooperation Treaty (PCT), since December 25, 1991.
Eurasian Patent Convention, since January 13, 1996.
Kyrgyzstan Patent Filing requirements
- Full name and address of the applicant(s);
- Full name and address of inventor(s);
- Invention specification including claims, description, abstract and drawings;
- Certified copy of priority document if convention priority is claimed (can be claimed within two months and filed within 4 months from the filing date);
- International publication, international search report, international preliminary examination report for entry of PCT application into national phase;
- Original signed and stamped Power of Attorney with the indication of the name and position of the signatory, date and place of signing (can be filed within two months from the application filing date).
Kyrgyzstan Patent Registration procedure
After completion of filing procedure the application undergoes formal and preliminary examination (9 months). The substantive examination can be conducted on the applicant’s request which should be filed within 30 months from the application filing date and upon payment of corresponding official fee. If the application complies with all requirements of the examination a decision to grant a patent is issued (2 months). Upon payment of the official registration fee and publication fee by the applicant the patent is issued.
* The Filing petition to proceed substantive examination need to be make within 3 years from application filing date
* Responding to Substantive examination request within 2 months from date of receipt
* Responding to Notification on results of verification of patentability within 6 months from date of receipt.
The approximate timeframe of obtaining a patent is about 2-4 years from filing date.
PCT and Priority
* Entry of PCT application into national phase should be effected within 31 months from the international filing date or a priority date (if any). The term for filing a conventional patent application in Kyrgyzstan is 12 months from the priority date.
The validity term of a Patent in Kyrgyzstan is 20 years from the filing date. For pharmaceutical patents it is possible to apply for extension of this term for 5 years.
The Annuity fees are paid from the third year, counting from application filing date. Annuity fee for each subsequent year is paid during the previous year.
* Validity of the patent can be renewed within 3 years after the expiration of the payment period, the amount of official fees increases by 150%.
Kyrgyzstan Trademark Law
Legal basis for trademark law is the Law of Kyrgyz Republic “On trademarks, service marks and appellations on places of origin of goods” of January 14, 1998, last amended February 11, 2014.
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.
Kyrgyzstan has joined the following international trademark agreements:
the Singapore Treaty on the Law of Trademarks;
the Trademark Law Treaty;
the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks.
Nice classification, 11th edition. Multiple-class applications are possible.
Simply signed power of attorney is sufficient. (may be filed to the Kyrgyz Trademark Office within two months from the filing date).
Kyrgyzstan Trademark Registration Procedure
The application is filed at the Patent Office of the Kyrgyz Republic (KYRGYZPATENT) for registration of trademark.
The application process includes a formal examination (4 months), and substantial examination (absolute and relative grounds for 9 months).
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
After registration, the trademark is published in the Official Bulletin and Certificate issued within 3 months.
National Opposition Period
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.
The processing time from first filing to registration is approx. from 14 to 17 months.
Obligation to use the registered mark in Kyrgyzstan: must be used; if not used within any three-year period after the registration (or last use) date, the mark can be cancelled upon request of an interested party; nominal use is accepted in absence of actual use.
Kyrgyzstan Trademark Opposition Process
The Trademark Law does not provide for publishing trademark registration applications. Therefore, a third party may not oppose an application prior to registration. However, a third party may oppose registration or seek cancellation of a trademark or service mark after registration by filing an opposition or objection with the Appeal Board. Registration of a trademark can be opposed by any concerned party within its term of validity on absolute grounds and within five years of the date of publication of trademark registration information in the official bulletin on relative grounds (see question 5). The opposition or objection shall be considered by the Appeal Board within four months from the date of its receipt. The decision of the Appeal Board can be appealed at the court within six months from the date of receiving the decision of the Appeal Board.
* A brand owner whose trademark is not registered in Kyrgyzstan may not oppose a bad-faith application, since pursuant to the Trademark Law only registered trademarks are protected. At the same time, a bad-faith issue can be raised under the unfair competition legislation of Kyrgyzstan. However, there have been no precedents of challenges raised on unfair competition grounds.
License of Trademark in Kyrgyzstan
Any license against a mark must be registered with the Kyrgyzpatent, otherwise, such a licence shall be deemed invalid.
* The following documents are required for registration of a licence (licensing agreement):
-the application for registration of a trademark licence;
-the agreement on the licence of a trademark;
-a copy of the certificate of trademark registration;
-a document confirming payment for the registration of a trademark licence; and
-a power of attorney issued in the name of a Kyrgyzstan patent attorney should an application for trademark licence be filed by a foreign person or entity.
The Kyrgyzpatent reviews the set of documents within two months from the date of filing thereof and issues a decision on registering the licensing agreement.
* The licensing agreement must include the following minimum terms:
-the subject of the licensing agreement;
-the scope of rights granted;
-the validity term of the licensing agreement;
-the parties of the licensing agreement and legal addresses thereof;
-a quality control clause (the quality of a licensee's goods must not be lower than that of a licensor and the control over the quality of goods vested with the licensor); and
-any other terms and conditions at the discretion of the parties to the licensing agreement.