Article 305. Infringement of trade regulations and public demonstration of audio, audiovisual productions, software and databases
shall entail the imposition of an administrative fine to the civilians – from thirty to fifty, to the public individual – from fifty to one hundred of special rate.
Infringement of public demonstration of audiovisual productions that expressed in non-compliance with a set of show time and audience category, -
shall entail the imposition of an administrative fine to the civilians – from thirty to fifty, to the public individual – from fifty to one hundred of special rate.
The same acts provided in the first and second parts of this Article that committed repeatedly within one year after the application of administrative penalties, -
shall entail the imposition of an administrative fine to the civilians - from fifty to one hundred, to the public individuals – from one hundred fifty to two hundred of specified rate with confiscation of counterfeit copies of works or phonograms.
Chapter 25
Administrative offences against intellectual property
Article 339. Infringement of exclusive rights of patent holders
Illegal use of patented invention, utility model, selection achievements, disclosure of the gist of invention, utility model, industrial design, selection achievements without the consent of the author or the applicant before the official publication information on them -
shall entail the imposition of an administrative fine to the civilians – from thirty to fifty, to the public individuals – from fifty to one hundred of specified rate with confiscation of the product that contains patented invention, utility model or industrial design, products manufactured by the protective means, devices in the operation or exploitation of which is conducted protection, as well as counter selection achievements.
The same acts provided by the first part of this Article that committed repeatedly within one year after the application of administrative penalties, -
shall entail the imposition of an administrative fine to the civilians - from fifty to one hundred, to the public individual – from one hundred to two hundred of specified rate with confiscation of the product that contains patented invention, utility model or industrial design, products manufactured by the protective means, devices in the operation or exploitation of which is conducted protection, as well as counter selection achievements.
Note. The products, devices and counterfeit selection achievements that confiscated in accordance with part one and part two of this Article shall be destroyed in the manner prescribed by law, unless their transfer to the patent holders upon their request.
Article 340. Infringement of copyright and related rights
In case of manufacturing, acquisition, storage, sale, hire or other illegal use in commercial purposes the copies of works and phonograms:
1) If the copies of works or phonograms are counterfeit;
2) If on the copies of works or phonograms indicated false information about their manufacturers and indication of origin, as well as other information that may mislead consumer;
3) If the copies of works or phonograms destroyed or the sign of copyright or related right changed that was putted by the holder of copyright and related right, if these acts do not contain a criminal offence, -
shall entail the imposition of an administrative fine to the civilians – from thirty to fifty, to the public individuals from fifty to one hundred of specified rate with confiscation of counterfeit copies of works or phonograms.
The same acts provided by 1, 2, 3 parts of this Article that committed repeatedly within one year after the application of administrative penalties, -
shall entail the imposition of an administrative fine to the civilians – from fifty to one hundred, to the public individuals – from one hundred to two hundred of specified rate with confiscation of counterfeit copies of works or phonograms.
Note. The copies of works or phonograms that confiscated in accordance with part one and part tow of this Article shall be destroyed in the manner prescribed by law, unless their transfer to the holders of copyright and related right upon their request
Article 341. Illegal use of trademarks
Illegal use of others trademark, service mark, applications of origin and firm names -
shall entail the imposition of an administrative fine to the civilians – from fifty to one hundred, to the public individuals – from one hundred two hundred specified rate with confiscation of a counterfeited trademark, service mark or appellation of origin.
Illegal use of a warning marking in respect of unregistered trademark, service mark and appellation of origin in the Kyrgyz Republic -
shall entail the imposition of an administrative fine to the civilians – from fifty to eighty, to the public individuals – from eighty to one hundred fifty specified rate.
Note. The products that confiscated in accordance with part one of this Article shall be destroyed in the manner prescribed by law, unless their transfer to the holders of trademarks upon their request.
Article 342. Refusal to provide the necessary data on incomes, as well as providing the false data on incomes received in connection with use of copyright and related rights
Refusal to provide an authorized body the necessary data on incomes, as well as providing the false data on incomes received in connection with use of copyright and related right, -
shall entail the imposition of an administrative fine to the civilians – from twenty to forty, to the public individuals – from forty to eighty of specified rate.
The same acts provided by the part one of this Article that committed repeatedly within one year after the application of administrative penalties, -
shall entail the imposition of an administrative fine to the civilians – from forty to eighty, to pubic individuals – from eighty to one hundred specified rate
Article 343. Failure in duties on the registration of a license agreement on using copyright and related rights subject matters and receiving a proper sample of identification
Failure by users of copyright and related rights subject matters in duties provided by legislation on registration of license agreements for appropriate methods of use copyright and related rights subject matters and receiving a proper sample of identification in the authorized body in accordance with established procedures -
shall entail the imposition of an administrative fine to the civilians – from twenty to forty, to the public individuals – from forty to eighty of specified rate.
The same acts provided by the part one of this Article that committed repeatedly within one year after the application of administrative penalties, -
shall entail the imposition of an administrative fine to the civilians – from forty to eighty, to the public individuals – from eighty to one hundred fifty of specified rate.
Article 344. Infringement or failure with the established procedures in contracting on concert and theatrical performance
Infringement or failure with the established procedures in contracting with holders of concert or theatrical areas with creative teams and concert organizers upon their availability of a license agreement, registered in the authorized body, -
shall entail the imposition of an administrative fine to the civilians – from twenty to forty, to the public individuals – from forty to eighty specified rate.
The same acts provided by the part one of this Article that committed repeatedly within one year after the application of administrative penalties, -
shall entail the imposition of an administrative fine to the civilians – from forty to eighty, to the public individuals – from fifty to one hundred fifty of specified rate.
Article 345. Infringement of author’s right for receiving a royalty
Refusal on payment of royalty by user of copyright and related rights subject matters for the actually held public performance of the work or infringement terms of payment royalty that established by legislation -
shall entail the imposition of an administrative fine to the civilians – from thirty to fifty, to the public individuals – from fifty to one hundred fifty of specified rate.