The CODE of the Kyrgyz Republic dated January 5th , 1998. N 1 "Civil code of the Kyrgyz Republic. Part II"
SECTION V
INTELLECTUAL PROPERTY
Chapter 53
General provisions
Article 1037. Intellectual property
Objects of intellectual property include:
1) the results of intellectual activity:
works of science, literature and art;
performances, phonograms and transmission of broadcasting organizations;
programs for electronic computers and database;
topology of integrated microcircuits;
inventions, utility models, industrial designs;
selection achievements;
undisclosed information, including trade secrets (know-how);
2) means of individualization of participants of civil turnover, goods, works and services:
company name;
trademarks (service marks);
appellations of origin of goods;
3) other results of intellectual activity and means of individualization of participants of civil turnover, goods, works and services in the cases of provided by the present Code or other laws.
Article 1038. Legal protection of objects of intellectual property
Legal protection of objects of intellectual property arises by the fact of their creation or as a result of granting the legal protection by the authorized state body in cases and in the order provided by the present Code or other laws.
Article 1039. Personal non-property and property rights on objects of intellectual property
1. The results of intellectual activity shall belong to the authors in respect of these results non-property and property rights.
Personal non-property rights belong to the author independently of his economic rights and retained by him in case of transfer his economic rights to results of intellectual activity to another person.
2. The holders of rights to means of individualization of participants of civil turnover, goods, works or services (hereinafter - means of individualization) belong in respect of these funds property rights.
3. The right of authorship (the right to be recognized as the author of a result of intellectual activity) is a personal non-property right and may belong only to a person whose creative work resulted in the creation of the intellectual activity.
It is inalienable and non-transferable.
4. If the result of joint creative work of two or more persons, they shall be considered co-authors.
Article 1040. Exclusive rights to objects of intellectual property
1. The holder of property rights to the result of intellectual activity or means of individual identification holds exclusive rights to the lawful use of this object of intellectual property at his own discretion in any form and by any means.
The use by others of intellectual property in respect of which the holder has the exclusive right is permitted only with the consent of the right holder.
2. The holder of the exclusive right to an object of intellectual property has the right to transfer this right to another party fully or in part, to permit another party to use the object of intellectual property and has the right to dispose of it otherwise, unless this contradicts the rules of this Code and other laws.
3. Limitations of exclusive rights, including by providing use of object of intellectual property to other persons, the recognition of these rights is not valid and the termination (cancellation) are allowed in the cases and within the limits and according to the procedure established by the present Code and other statutes.
Limitation of the exclusive rights shall be permitted provided that this restriction does not prejudice the normal exploitation of intellectual property object, and does not prejudice the legitimate interests of right holders.
Article 1041. The transfer of the exclusive rights to another person
1. Property rights, owned by the holder of exclusive rights to intellectual property, unless otherwise provided by the present Code or other law, may be transferred by the rightholder fully or in part to another person by contract, and shall be inherited and in the order of succession during reorganization of a legal person - owner.
2. The transfer of property rights under the contract or their transfer in the order of universal legal succession does not involve the transfer or limitation of the right of authorship and other personal non-property rights. The terms of the contract on transfer or limitation of such rights are void.
Exclusive rights are transferred under the contract should be defined in it. Rights that are not specified in the contract as alienated, assumed that failed, since it is proved otherwise.
To the Treaty providing for the grant of exclusive rights in the period to another person for a limited time, the rules of licensing agreement.
Article 1042. License agreement
1. Under a license contract the party possessing the exclusive right to a result of intellectual activity or a means of individualization (the licensor) grants the other party (licensee) permission to use the respective object of intellectual property.
A license agreement is assumed to be for compensation.
2. The license agreement may provide the licensee:
right to use the object of intellectual property with the retention by the licensor of the right of use and right of issuance of licenses to other persons (exclusive license);
right to use the object of intellectual property with the retention by the licensor of the right of its use in the part not transferred to the licensor (exclusive license);
other types of licenses permitted by law.
Unless the license contract provides otherwise, the license is a (non-exclusive).
3. The agreement on granting the licensee the right to use the object of intellectual property to another person shall be considered sub-license agreement. The licensee may enter into a sub-license agreement in cases stipulated by the licensing agreement.
Responsibility before the licensor for the actions of the sublicensee is the licensee, unless the license contract provides otherwise.
Article 1043. The Treaty on the creation and use of results of intellectual activity
1. The author may undertake by the Treaty on the creation and use of results of intellectual activities of the obligation to create in the future a work, invention, or other result of intellectual activity and to provide the customer who is not his employer, the exclusive rights to use the result.
Such a contract must determine the nature is subject to creation of intellectual activity, as well as goals or methods of its use.
2. An agreement binding the author to grant to any person the exclusive right to use any of the results of intellectual activity, which this author will create in the future, is void.
Conditions of the agreement on the creation and use of results of intellectual activity that imposes limits on the author regarding the future creation of the results of intellectual activities of a certain type or in a particular area, is void.
Article 1044. The exclusive right and the right of ownership
The exclusive right to a result of intellectual activity or means of individualization exists independently of the ownership of the material object in which such result or means of individualization is expressed.
Article 1045. The term of exclusive rights to objects of intellectual property
1. The exclusive right to the objects of intellectual property is valid within the term provided by the present Code or other laws.
2. Personal non-property rights for objects of intellectual property are valid indefinitely.
3. In cases stipulated by law, the exclusive rights on objects of intellectual property may be terminated due to the failure to use it within a certain time.
Article 1046. Methods of protection of exclusive rights to objects of intellectual property
1. Protection of exclusive rights to intellectual property objects is carried out by the methods stipulated in article 11 of this Code. Protection of exclusive rights may be carried out also:
the removal of material objects with which infringed the exclusive right and material objects created as a result of such violation;
mandatory publication about the infringement, including information about who owns the violated right;
in other ways, provided by the law.
2. In violation of the Treaty on the creation and use of results of intellectual activity and means of individualization shall apply the General rules on liability for the breach of obligations.
Chapter 54
Copyright
Article 1047. Works protected by copyright (copyright)
1. Copyright applies to works of science, literature and art that are the result of creative activity regardless of the purpose, the merit and the manner of expression thereof.
2. The work must be expressed in verbal, written or other form, allowing the possibility of its perception.
The work, in writing or otherwise expressed on a material carrier (manuscript, typewritten text, musical score, recording by technical means, including audio - or video, fixation of an image in two or volumetric-spatial form, and so on), is considered to have an objective form, regardless of its accessibility for third parties.
Oral or other work not expressed on a material carrier, be deemed to have an objective form if it has become accessible for perception by third persons (public recitation, public performance, etc).
3. Copyright protects disclosed and undisclosed works.
4. Copyright does not apply to ideas, procedures, methods, concepts, principles, systems, solutions proposed, discoveries and facts.
5. For arising of copyright shall not require either registration of the work or compliance with any other formalities.
Article 1048. Types of objects of copyright
To the objects of copyright are:
literary works (literary-artistic, scientific, educational, journalistic, etc.);
drama and scenario works;
musical pieces with the text or without text;
musical-dramatic works;
choreographic works and pantomimes;
audiovisual works (cinematographic, television and video films, slide shows and other cinematographic, television and videos);
paintings, sculptures, graphics, design and other works of figurative art;
works of decorative and theatrical art;
works of architecture, city planning, and garden and Park art;
photographic works and works obtained by methods similar to photography;
geographical, geological and other maps, plans, sketches and works related to geography, topography and other Sciences;
programs for electronic computers (PC) of all types, including applied programs and operating systems;
other works, which meet the requirements set forth in article 1047 of the present Code.
(As amended on 17 February 2003 N 39)
Article 1049. Part of the derivative works and composite works
1. The objects of copyright are meeting the requirements set forth in article 1047 of the present Code, parts of works, their names and derivative works.
The derived works shall include works that represent the processing of other works (translations, processing, annotations, abstracts, summaries, reviews, stage adaptations, arrangements and other similar works of science, literature and art).
The composite work shall include collections (encyclopedias, anthologies) and other component works representing by selection or arrangement of materials the result of creative labor.
2. Derived works and composite works shall be protected by copyright regardless of whether or not the works on which they are based or which they include are the objects of copyright.
Article 1050. Works and similar results of activity which are not objects of copyright
Not are objects of copyright:
official documents (laws, regulations, decisions etc), and also their official translations;
official symbols and signs (flags, emblems, orders, banknotes, and etc.);
works of folklore;
reports on news of the day or information on current events having the nature of ordinary press information;
the results obtained by technical means, intended for production of a certain type without the implementation of human creative activities directly aimed at creating an individual work.
Article 1051. Rights to drafts of official documents, symbols and signs
1. The right of authorship to a draft of an official document, symbol or sign belongs to the person who created the project (developer).
Developers of projects of official documents, symbols and signs may publish such projects, if permitted by the authority, on behalf of which were developed project. When you publish the project developers shall have the right to mention his name.
2. The project can be used by the competent authority for the preparation of the official document without the consent of the developer if the project he published or sent to the relevant authority.
In the preparation of official documents, symbols and signs on the basis of the project it can be additions and changes at the discretion of the authority responsible for preparation of the official document, symbol or sign.
After the project is approved by the competent authority it can be used without specifying the name of the developer.
Article 1052. The author of the work. Presumption of authorship
1. The author of a work shall be the individual whose creative work which it is created.
The person indicated as the author on first publication of the work shall be considered its author, unless proven otherwise.
2. When publishing works anonymous or pseudonymous (unless the author's pseudonym leaves no doubt as to his identity) publisher, the name of which is indicated on the work, in the absence of evidence to the contrary is considered to represent the author and shall be entitled to protect the rights of the author and to ensure their implementation. This applies as long as the author of the work reveals his identity and claims about its authorship.
Article 1053. Collaboration
1. The copyright in a work created by joint creative labor of two or more citizens belongs to co-authors jointly, regardless of forms of whether such a work indivisible whole or is composed of parts, each of which has independent significance.
Part of the work shall be deemed to have independent significance, if it can be used independently from other parts of the work.
Each of the coauthors shall have the right to use the created part of the work having an independent meaning, at their discretion, unless otherwise stipulated by the agreement between them.
2. The relations between the co-authors are generally determined on the basis of the agreement. In the absence of such agreement, the copyright in a work is carried out by all the authors jointly, and the remuneration shall be distributed equally between them.
If the work of the co-authors constitutes an indivisible whole, none of the joint authors may not, without sufficient grounds to prohibit the use of the work.
Article 1054. The authors of derivative and composite works
1. The authors of derivative and composite works are recognized respectively the person who performed the processing of other works, translators, compilers of collections and other composite works representing by selection or arrangement of materials a result of creative labor.
The author of the derived works and composite works shall enjoy copyright in such a work, subject to the rights of the author of the work that has been adaptation, translation or included in the composite work.
2. Copyright creators of derivative and composite works shall not prevent other persons to create their derivative works based on the already used earlier works.
Article 1055. The rights of persons organizing the creation of works
1. The person organizing the creation of works (publishers of encyclopedias, manufacturers of films, producers, etc.) are not recognized by the authors of works. However, in the cases provided by the present Code or other laws of such persons acquire the exclusive right to use these works.
2. Publishers of encyclopedias, encyclopedic dictionaries, periodic and continuing collections of scholarly works, Newspapers, magazines, and other periodical publications shall have the exclusive right to the use of such publications. The publisher shall be entitled at any use of this publication to mention his name or demand such mention.
3. The authors of the works included in such publications shall retain the exclusive rights to exploit their works independently of the publication as a whole, unless otherwise provided by the agreement on the creation of the work.
4. The contract for the making of the audiovisual work, including film, not results in the transfer of the authors of this work, the manufacturer of exclusive rights of reproduction, distribution, public performance, communication by cable to the public, broadcast or by any other public use of the work, subtitling and dubbing text of the film, unless otherwise provided in the contract. The said rights shall operate throughout the duration of the copyright in the audiovisual work.
The producer of the audiovisual work shall have the right at any use of this work to mention his name or demand such mention.
In the case of public demonstration of audiovisual work, the author of the musical work (with or without words) shall retain the right to remuneration for the public performance of his musical work, unless otherwise provided by the contract.
Without the consent of the author or other owners of the property rights to the film may not be destroyed final version of the film (the original negative).
Article 1056. The copyright notice
1. The holder of an exclusive copyright may, for notification of his rights to use a copyright notice which should be placed on every copy of the work and consists of three elements:
Latin letter "C" in a circle;
name (title) of the owner of the exclusive copyright;
the year of first publication of the work.
2. Unless proven otherwise, the rightholder shall be the person designated in the copyright notice.
Article 1057. Moral rights of the author
1. The author of a work owns the following moral rights:
the right of authorship;
the right to a name;
the right of disclosure, including the right of withdrawal;
the right to inviolability of the work.
2. The agreement of the author with someone and the statement of the author about the denial of the exercise of moral rights is void.
Article 1058. The right of authorship
Owned by the author (co-authors) the right to authorship of the work created by him excludes the recognition of authorship of other persons for the same product.
Article 1059. The right to a name
The author has the exclusive right to use or allow to use a work under his own name, under a pseudonym or anonymously (right to a name).
Article 1060. The right to inviolability of the work
1. The author has the exclusive right to make changes and amendments to his work and to protect the work from make anyone without the consent of the author changes or additions (right to inviolability of a work).
In the publication, public performance or other use of a work is the making of any changes in the work itself, and in its name and in the name of the author is allowed only with the consent of the author.
Prohibited without the consent of the author to furnish his work in the publication of illustrations, prologues, epilogues, comments or any accompanying material.
2. After the death of the author to protect the inviolability of a work is the person named in a will, and in his absence - by the heirs of the author, and also persons on which in accordance with the law entrusted with the protection of copyright.
Article 1061. The right to disclose the work
1. The author owns the right to open access to the work to an indefinite circle of persons (right of disclosure).
2. The work shall be considered published when the author or with his consent, for the first time open access to the work to an indefinite circle of persons, by publication, public performance, public display of a work or its appearance in other ways.
The author has the right to renounce a decision taken earlier to disclose the work (right of withdrawal), provided that compensation of persons who have been granted the right to use the work caused by such a decision of the losses, including lost profits. If the work was published, the author is obliged to give public notice of its recall. However, he has the right to withdraw at its own expense from circulation previously produced copies of the work. These provisions shall also apply to the service works, unless the contract with the author provides otherwise.
Article 1062. The right of the author to use the work
1. The author holds the exclusive right to use the work in any form and by any means.
2. The use of a work is considered to be the reproduction and distribution of the work and its implementation in other ways that include in particular:
public display (exposure, exposure) works;
Bicycle instance, constituting a material carrier of the work;
public performance of the work;
transmission of a work broadcast (broadcast on radio or television), including transmission by cable or satellite communication;
technical recording of the work;
playback technical recording of a work, including on radio or television;
translation or transformation of a work for their subsequent use;
the practical realization of town-planning, architectural, design project.
Playback is repeated giving the product of the objective form, even that which it had in the original edition of the work, the copies of audio or video recordings, etc).
Distribution of the work is the sale, exchange, rent or other operations with copies of the work.
3. If copies of a work lawfully transferred, then their further distribution is permitted without the author's consent and without payment of remuneration, except in the cases provided by law.
4. The product is used regardless used it with the purpose of deriving income (profit) or its use not directed at it.
5. Practical application of the provisions that make up the content of the work (inventions, other technical, economic, organizational and similar solutions), does not constitute use of a work in the sense of copyright.
Article 1063. Disposition of a right to use the work
1. Author or other right holder may, by contract, including the concluded at public auction, transfer all your rights to use of a work to another person (alienation of the right to use).
2. The right to use the work goes in the order of universal legal succession.
3. The right holder may grant another person permission (license) to use the work within certain limits. Permission is required to use the work as in the initial and in processed form, in particular in the form of translations, arrangements, etc.
4. Each use of the work requires special permission.
Article 1064. Copyright restrictions
The limitation of the exclusive rights of the author and other persons to use the work is allowed only in cases stipulated by articles 1065-1068 the present Code or other laws.
The foregoing limitation shall apply, provided that this does not cause unjustified damage to the normal use of the work and does not unreasonably prejudice the legitimate interests of the author.
Article 1065. Reproduction of somebody else's work for personal purposes
1. Permissible without the author's consent and without payment of remuneration using someone else's published works for personal purposes, if this does not harm the normal exploitation of the work and does not impair the legitimate interests of the author.
2. Rules of the first paragraph of this article shall not apply to the relationship:
the use of works of architecture in the form of buildings and analogous structures;
on the use of data bases or substantial parts thereof;
on the use of computer programs, except in the cases prescribed by law;
according to the reproduction of books (in General) and musical scores.
3. In derogations from the first paragraph of this article, the law may provide that in the case of personal use of the audiovisual work or work fixed in a phonogram, the author, performer and producer of the corresponding record are entitled to receive the corresponding remuneration.
Remuneration for reproduction is paid in the form of royalties (%) manufacturers or importers of equipment (audio, video recorders and the like) and material media (audio and / or video tapes, audio cassettes, laser discs, compact discs, etc.), used for such reproduction.
Article 1066. Free public performance of works
Allowed without the author's consent and without payment of author's remuneration for the public performance of a lawfully published musical works during official and religious and funeral ceremonies, to the extent justified by the nature of the ceremonies.
Article 1067. Free reproduction of works for judicial purposes
Allowed without the author's consent and without payment of author's remuneration for the reproduction of works for the purposes of judicial or administrative proceedings, to the extent justified by the purpose of use.
Article 1068. The right to a work
1. Moral rights in a work created in the execution of official duties (service-related work)shall belong to the author of the work.
2. The right to use the service works in a manner, determined by the purpose of the task and the resulting limits belongs to the person which commissioned a work was created and with whom the author is bound by employment relations (employer), unless the contract between him and the author provides otherwise. The employer may transfer such right to use another person.
The agreement of the employer, the author may provide for the payment of author's remuneration for the use of the service-related work and can contain other conditions for its use.
3. Upon expiration of ten years from the date of submission of the work, and with the consent of the employer - earlier, the author gets in full the right to use the work and receive remuneration, irrespective of the contract concluded with the employer.
4. The author's right to use a work in a manner not caused by the purpose of the job is not limited.
Article 1069. Copyright on the territory of the Kyrgyz Republic
1. Copyright to a work published on the territory of the Kyrgyz Republic or not made public but is, the original of which is on its territory in some objective form, shall be effective on the territory of the Kyrgyz Republic. In this case the copyright is recognized for the author and his heirs and other successors in title of the author, regardless of their nationality.
2. Copyright is also recognized for citizens of the Kyrgyz Republic, whose works published or are in some objective form on the territory of a foreign state, as well as for their heirs and other successors in title.
3. When granting the author of legal protection in accordance with international treaties of the fact of publication in the territory of a foreign state shall be determined according to the provisions of the relevant international Treaty.
For the purposes of protection of a work on the territory of the Kyrgyz Republic a person recognized by the author of the work is determined by the laws of the state in whose territory the product is the first to be protected.
Article 1070. The beginning of copyright
1. Copyright to a work begins from the moment of giving to a product of the objective form accessible for perception by third persons, regardless of promulgation. Copyright oral product operates from its notification to third parties.
2. If the work is not covered by article 1069 of this Code, the copyright in such a work is protected from the moment of promulgation, if it is done in the Kyrgyz Republic.
Article 1071. The duration of copyright
1. Copyright is valid for the life of the author and fifty years after his death, counting from the first of January of the year following the year of death of the author.
2. The copyright in a work of joint authorship shall have effect for the life of the co-authors and for fifty years after the death of the last of the authors of the surviving co-author.
3. Copyright in a work first published under a pseudonym or anonymously, shall have effect for fifty years beginning from the first of January of the year following the year the work was published.
If within the specified period or anonymous nickname will be disclosed, used the term specified in paragraph 1 of this article.
4. Within the terms specified in paragraph 1 of this article, the copyright belongs to the author's heirs and inheritance. During the same terms the copyright belongs to the legal successors that received this right, in agreement with the author, his heirs and subsequent successors and assigns.
5. Copyright in a work first published within fifty years after the author's death shall have effect for fifty years following its release, counting from the first of January of the year following the year the work was published.
6. The authorship, the name of the author, and the inviolability of the work shall be protected in perpetuity.
Article 1072. Passage of a work into the public domain
1. Upon expiration of the term of copyright in a work, it becomes public property.
Works, the protection of which on the territory of the Kyrgyz Republic has never been granted, are considered public domain.
2. Works in the public domain may be freely used by any person without payment of author's remuneration. It must respect the right of authorship, the right to a name and the right to inviolability of the work.
Article 1073. The author's contract
1. The author or his heir may transfer the right of use of their work to another person by the conclusion of an author's contract. Copyright contract is presumed to be compensated.
2. Copyright contract may be concluded on the finished work or work which the author undertakes to create (the contract). A copyright agreement is concluded by the author or his heirs agreement for permission to use the work within certain limits (an author's end user license agreement).
Article 1074. Conditions governing the author's contract
1. The author's contract shall include:
how to use the work (the specific rights assigned or licensed under the contract);
the period and the territory for which rights is assigned;
the amount of remuneration and (or) the procedure for determining the amount of remuneration for each mode of use of the work, the order and terms of its payment.
If the author's contract for the term, which is transferred the right to use the work, the contract may be terminated by the author at the end of five years from the date of its conclusion, if the user will be informed in writing six months before the termination.
If the author's contract does not specify the territory within which the valid right to use the work, the action assigned under the contract shall be limited to the territory of the Kyrgyz Republic.
2. The author's contract may not be right to use a work unknown at the time of conclusion of the contract.
3. The amount of remuneration for the use of a work is defined in the copyright contract by agreement of the parties.
If the author's contract for the publication or some other form of reproduction of the work, remuneration is calculated as a lump sum, the contract shall specify the maximum print run of the work.
The refusal of the author or his heirs the right to remuneration void.
4. The rights assigned or licensed under the author's contract may be assigned by any party of the contract in full or in part to other persons only in cases when this is directly provided in this agreement.
Article 1075. Form of the author's contract
Author's contract shall be concluded in writing, except in cases stipulated by law.
Article 1076. Liability under the author's contract
The party failing to perform or improperly fulfilled obligations under the author's contract shall compensate damages caused to the other party, including lost profits.
Article 1077. The validity of a copyright licensing agreement
1. Copyright license agreement is valid for as stipulated in term, but not longer than the duration of copyright.
2. The author of the work or his heirs, regardless of inclusion in the copyright license agreement conditions on the period may, at the expiration of ten years from the date of conclusion of the contract unilaterally terminate it by written notice to the counterparty six months before the termination. This right arises from the author or his heirs every ten years.
3. The contract may provide for the terms of use of the work, the violation of which entails the right of the licensor to terminate the contract.
Article 1078. Liability for unlawful use of a work without a contract
When the use of a work without a contract with the owner, the infringer shall compensate the right holder incurred losses, including loss of profit. The rightholder has the right to recover from the infringer instead of damages received as a result of violations income.
The use of the work in a manner not provided for by the copyright agreement, or termination of such contract is considered to be the use of a work without a contract.
Article 1079. Legal regulation of copyright relations
Copyright relations regulated by the present Code and other legislation.
Chapter 55
Related rights
Article 1080. Objects of neighboring rights
Neighboring rights extend to staging, performance, phonograms, programs of broadcasting organizations and cable organizations.
Article 1081. Subjects of related rights
1. The right to performance belongs to performers-actors, Directors-producers, conductors. The right to use such enforcement may pass to the heirs and other successors in title.
2. The right to a recording of a performance belongs to the person who created such record, or his successors.
3. The right to broadcast belongs to the organization of on-air or cable broadcasting, created broadcast, or its successors.
Article 1082. The sign of protection of related rights
The producer of a phonogram and the performer may, for notification of his rights to use the sign of protection of related rights, which is placed on each copy of a phonogram and (or) on each containing its case and consists of three elements:
Latin letter "P" in a circle;
the name (s) of the holder of the exclusive related rights;
the year of first publication of the recording.
Article 1083. Rights of the performer
1. The contractor has the right:
on the indication of his name in the performance, on instances write performance, broadcast or reproduction of the performance or staging;
protection of performance from distortion;
to implement or permit use of the performance or production.
2. The right to use performance includes the right to authorize:
broadcast performance in the broadcast and cable;
record performance by technical means;
broadcasting and public reproduction produced write performance;
reproduction and distribution of the copies of the recording of the performance or production.
3. Performers shall exercise their rights with observance of the rights of the authors of the works.
4. Limitation the rights to use or production of execution shall be established by law.
5. To the law on the execution carried out in the performance of official tasks (work performance or staging), shall be applied respectively the provisions of article 1068 of this Code.
Article 1084. Rights of the phonogram producer
1. The producer of a phonogram and his successor in title has the exclusive right to the phonogram.
The use of the phonogram by other persons only with the authorization of the producer of a phonogram or its successor.
2. The producer of the phonogram or its assignee has the right to perform or authorize:
public reproduction of the phonogram;
alteration or other processing of the phonogram;
distribute copies of the phonogram (sale, rent and so on), including their transfer abroad;
the import of copies of the phonogram.
3. If the right of ownership for instance recording performance does not belong to its Creator, the exclusive right to use the record, including its commercial rental, remains with the person who created the record.
4. Restrictions on the rights of the producer of execution shall be established by law.
5. Holders of the right to a phonogram shall exercise their rights with regard to the rights of creators and performers ' rights.
Article 1085. The rights of broadcasting organizations
1. Broadcasting organizations shall have the exclusive right to use their transmission in any form and give permission for the use of such transfer to third parties.
The use of transmission by third parties are carried out under the contract. The rightholder has the right to remuneration for every such form of use.
2. Restrictions of the rights of broadcasting organizations shall be established by law.
3. Broadcasting organization shall exercise their rights with regard to the rights of creators and performers ' rights, and, in appropriate cases, holders of rights in performances and other broadcasting organizations.
Article 1086. The right of the cable distribution organization
The right of the cable distribution organization shall be established with reference to the rights of the broadcasting organization, established by the present Code and by the law.
Article 1087. Liability for nonperformance or improper performance of the contract on the use of related rights and for illegal use of a work without a contract
A person who does not fulfill or improperly fulfilled the contract on the use of related rights, or without a contract unlawfully use a work, shall be responsible according to the General rules on liability for nonperformance or improper performance of the contract or respectively on liability for injury.
Chapter 56
Industrial property rights (right to an invention, utility model, industrial design)
Article 1088. Legal protection of an invention, utility model, industrial design
1. Right to an invention, utility model and industrial design is protected under condition of granting of the patent.
2. Requirements to the invention, utility model, industrial design, in which there is a right to obtain a patent, the procedure of issuing the patent office shall be established by Law.
(As amended on 17 February 2003 N 39)
Article 1089. The right to use the invention, utility model, industrial design
1. The patent owner has the exclusive right to use protected by the patent of an invention, utility model, or industrial sample at own discretion, including the right to produce the product with the use of protected decisions to use protected by the patent of technological processes in own manufacture, sell or offer for sale of products containing protected decisions to import the products.
Other person, other than the patent owner shall not be entitled to use the invention, utility model, industrial design without his consent, except cases, when such use is in accordance with the present Code or other law is not a violation of the rights of the patent owner.
2. Violation the exclusive rights of the patent owner are recognized unauthorized manufacture, application, import, offer for sale, sale, other introduction into the economic turnover or storage with this purpose of a product containing a patented invention, utility model or industrial design, and also the use of the method protected by a patent for an invention, or the introduction into the economic turnover or storage for this purpose of the product manufactured directly by the way, protected preliminary patent, patent for an invention, a device in the functioning or operation of which in accordance with its purpose automatically this way.
The product is manufactured by the patented method, unless proven otherwise.
(As amended on 17 February 2003 N 39)
Article 1090. Disposition of a right to a patent
The right to obtain a patent, the rights deriving from registration of application, the right to own a patent, and the rights deriving from a patent may be transferred in whole or in part to another person.
Article 1091. The right of authorship
1. The author of an invention, utility model, an industrial design has the right of authorship and the right to assignment of invention, utility model and industrial design special names.
The right of authorship, and other personal rights to invention, useful model, industrial sample arise from the moment of occurrence of the rights based on the patent.
2. The author of the invention, utility model, industrial design law can assign special rights, privileges and benefits of a social nature.
3. The person specified in the application as an author, he is believed, until proven otherwise. As evidence can be involved only the facts and circumstances that existed before the emergence of the right.
Article 1092. Co-authors of an invention, utility model, industrial design
The relationship between the co-authors of an invention, utility model, industrial design shall be determined by agreement between them.
Uncreative promote the creation of an invention, utility model, industrial design (technical, organizational or mathematical assistance, facilitating the registration of rights and so on) does not entail the co-authorship.
Article 1093. Service inventions, utility models, industrial designs
1. The right to receipt of a patent for an invention, utility model, industrial design created by an employee while performing their official duties or a specific task of the employer (service invention) shall belong to the employer, if it is stipulated in the contract between them.
2. The size, terms and the order of payment of remuneration to the author for the service invention, utility model, industrial design shall be determined by agreement between him and the employer. In case no agreement is reached, the decision is made by the court. If it is impossible to measure the contribution of the author and the employer in the creation of employee's invention, utility model or industrial design, the author recognizes the right half of the benefits received or should have received the employer.
(As amended on 17 February 2003 N 39)
Article 1094. The form of the contract on transfer of rights to a patent
The contract on transfer of rights to a patent (patent assignment) shall be concluded in writing and is subject to registration at the patent office. Nonobservance of the written form or requirement of registration shall entail the invalidity of the contract.
(As amended on 17 February 2003 N 39)
Article 1095. The form of the permission (license) to use the invention, utility model, industrial design
The license contract and sublicense contract concluded in writing and subject to registration at the patent office. Nonobservance of the written form or requirement of registration shall entail the invalidity of the contract.
Article 1096. Liability for infringement of the patent
At the request of the patent owner, the infringement of a patent shall be terminated and the violator is obliged to compensate the patent holder of his losses. Instead of loss the patent owner is entitled to recover from the offender received by violations of income.
(As amended on 17 February 2003 N 39)
Chapter 57
Rights to new varieties of plants and new breeds of animals
Article 1097. Protection of new varieties of plants and new breeds of animals
1. Rights to new varieties of plants and new breeds of animals (breeding achievements) are protected if a patent is issued.
2. Requirements under which there is a right to obtain a patent, and the procedure for the issuance of a patent for a selection achievement shall be established by law.
3. To relations connected with the rights to a selection achievement and protection of these rights shall be applied respectively the rules of articles 1090-1096 of the present Code if the rules of the present Chapter and the law provides otherwise.
Article 1098. Rights of the author of the selection achievement to remuneration
The author of the selection achievement, not being the proprietor of the patent, has during the term of a patent right to receive remuneration from the owner of the patent for the use of selection achievement.
The size and terms of payment of remuneration to the author of a selection achievement are defined by the agreement between him and the owner of the patent.
Article 1099. Rights of a patent owner
The holder of a patent to an achievement of breeding has the exclusive right to use the achievements within the limits established by law.
Article 1100. Obligations of the patent owner
The owner of a patent on selection achievement shall maintain appropriate a plant variety or a breed of animals during the term of validity of the patent in such a way that preserved the characteristics indicated in the description of the variety or breed, compiled by their registration.
Chapter 58
Protection of undisclosed information from illegal use
Article 1101. The right to protection of undisclosed information
The person lawfully possessing technical, organizational or commercial information, including secrets of production (know-how)unknown to third parties (undisclosed information), has the right to protection of this information from illegal use, if the conditions set by article 34 of this Code.
The right to protection of undisclosed information from unlawful use arises regardless of execution in respect of this information of any formalities (registration, obtaining of evidence and the like).
The rules on protection of undisclosed information does not apply to information which according to law cannot constitute an official or commercial secret (information on legal entities, the rights to the real property and transactions with them, are subject to state registration, information to be submitted in as the state statistical reporting and other).
The right to protection of undisclosed information only lasts as long as the conditions provided by article 34 of this Code.
Article 1102. Liability for unlawful use of undisclosed information
1. The person who obtained or disclosed a secret information or use it without a legal basis, is obliged to compensate those who lawfully possesses this information, the losses caused by its illegal use.
If the person illegally using the undisclosed information, received from her face that had not the right to distribute it, on what the acquirer information did not know and was not supposed to know (good faith purchaser), the lawful owner of undisclosed information shall be entitled to demand compensation for the damages caused by the use of undisclosed information after bona fide purchaser learned that its use is illegal.
2. The person lawfully in possession of undisclosed information shall be entitled to demand from the one who illegally uses, the immediate cessation of its use. However, the court taking into account the funds spent by the bona fide acquirer of undisclosed information on its use, may permit its further use in the conditions of paid exclusive license.
3. A person, independently and legitimately received information constituting the content of undisclosed information shall be entitled to use this information regardless of the rights of the holder of the relevant undisclosed information and is not responsible before him for such use.
Article 1103. The transfer of the right to protection of undisclosed information from illegal use
The person in possession of undisclosed information may transfer all or part of the information constituting the content of this information to another person under a license agreement.
The licensee is obliged to take appropriate measures to protect confidential information received under the contract, and has the same rights to its protection against unauthorized use by third parties, as the licensor. Because the contract provides otherwise, the obligation to keep confidential the information rests with the licensee and after termination of the license agreement, if appropriate details remain undisclosed information.
Chapter 59
Means of individualization of participants of civil turnover, goods, works and services
Paragraph 1
Firm name
See the Law of the KR "On trade names" of December 23, 1999, N 145
Article 1104. The right to a firm name
1. Legal person, brand name which is registered according to the acheter viagra established procedure has the exclusive right to use a company name on goods, their packaging, in advertising, signs, prospectuses, accounts, publications, official forms and other documentation, connected with its activity, as well as demonstrating goods at exhibitions and fairs, held in the territory of the Kyrgyz Republic.
2. The procedure of registration of trade names of legal entities shall be determined by normative legal acts.
Cm. Rules of drawing up, submitting and considering application for registration of trade names, approved by decree of the Collegiums of Kyrgyzpatent of December 31, 1999, # 10
Article 1105. The use of the company name of a legal entity in the trademark
Firm name of a legal entity may be used in its trade marks.
Article 1106. The effect of the right to a firm name
1. On the territory of the Kyrgyz Republic operates the exclusive right to a firm name registered in the Kyrgyz Republic in the procedure established by law.
2. Trade names, registered or recognized in a foreign state, the exclusive right on the territory of the Kyrgyz Republic, acts in the cases provided by law.
3. The right to the firm name shall be terminated by liquidation of a legal entity or a change in company name, and also in other cases provided by law.
(As amended on 18 January 2000 N 24)
Article 1107. Alienation of the right to brand name
Alienation and transfer of the right to the firm name of a legal person are allowed only in cases of reorganization of a legal entity or disposed of in General.
The holder of the right to a firm name may authorize another person use of its name in accordance with the rules of Chapter 44 of the present Code.
(As amended on 18 January 2000 N 24)
Paragraph 2
Trademark (service mark)
See also the Law of the KR "ON trademarks, service marks and appellations of origin of goods" dated January 14, 1998, # 7
Article 1108. Legal protection of a trademark
1. Legal protection of a trademark (service mark) is provided on the basis of its registration.
Cm. Rules of drawing up, filing and consideration of applications for registration and granting the right to use the appellation of origin and the application for granting the right to use the already registered appellation of place of origin of goods
2. The right to the trademark shall be certified by a certificate.
Article 1109. The right to use a trademark
1. The holder of the right to a trademark has the exclusive right to use and dispose of the mark which belongs to him.
2. The use of the trademark is considered to be any introduction into circulation in the manner prescribed by law.
Article 1110. Consequences of non-use of a trademark
1. When a trademark is used without valid reason continuously for three years from the date of its registration, it may be canceled at the request of any interested person.
2. Issuance of a license to use the trademark shall be deemed its use.
Article 1111. Transfer of right to a trademark
1. The right to trademark in respect of all indicated in the certificate of classes of goods, works and services or their parts may be transferred by the right holder to another person by agreement.
Transfer of rights to a trademark is not allowed, if it may be a cause of confusion concerning the goods or its manufacturer.
2. Transfer of right to a trademark, including its transfer under the contract or in the order of succession shall be registered in the patent office.
Article 1112. The form of the contract on transfer of rights to a trademark
The contract on transfer of rights to a trademark or a licensing must be concluded in writing and registered in the patent office.
Nonobservance of the written form and the requirement of registration shall entail the invalidity of the contract.
Article 1113. Responsibility for violation of rights to a trademark
A person unlawfully using a trademark, shall cease the infringement and compensate the owner of the trademark incurred losses.
A person unlawfully using a trademark must destroy the manufactured images of the trademark, deleted from the product or its packaging the unlawfully used trademark or designation similar to it to the point of confusion.
If you cannot meet the requirements established by part two of this article, the respective goods are subject to destruction.
Paragraph 3
Appellation of origin of goods
See also the Law of the KR "ON trademarks, service marks and appellations of origin of goods" dated January 14, 1998, # 7
Article 1114. Legal protection of the appellation of origin of goods
1. Legal protection of the appellation of origin of goods is granted on the basis of its registration.
2. The appellation of origin (indication of origin) of goods is recognized the name of a country, settlement, locality or other geographical object used to denote of the goods, the special properties of which are exclusively or mainly determined typical for this geographical object natural conditions or other factors or a combination of natural conditions and these factors.
An appellation of origin may be the historical name of a geographical location.
3. Not recognized as an appellation of origin of goods not subject to registration for the purposes of legal protection in accordance with the rules of this paragraph designation, although representing a or containing the name of the geographical object, but included in the Kyrgyz Republic in General use for the designation of a particular type, not connected with the place of production. This, however, does not deprive the person whose rights are violated by unfair use of such name, the possibilities of their protection by other means, stipulated by the law.
4. Registration of appellation of origin of goods is carried out by the patent office.
5. On the basis of the registration certificate is granted the right to use an appellation of origin of goods.
6. The procedure and conditions for registration, licensing, invalidation and termination of registration and certificates shall be established by law.
Cm. Rules of drawing up, filing and consideration of applications for registration and granting the right to use the appellation of origin and the application for granting the right to use the already registered appellation of place of origin of goods
Article 1115. The right to use the appellation of origin of goods
1. The person holding the right to use the appellation of origin of goods shall be entitled to put the name on the product, packaging, in advertisements, prospectus and use it otherwise in connection with the introduction of the goods into civil circulation.
2. An appellation of origin may be registered by several persons jointly and independently from each other for a designation of the goods, meeting the requirements referred to in paragraphs 1 and 2 of article 1114 of the present Code. The right to use the appellation of origin of goods belongs to each of such persons.
3. Alienation, other transactions on the assignment of right to use appellation of origin of goods and granting of use under the license are not allowed.
Article 1116. The scope of the legal protection of the appellation of origin of goods
1. In the Kyrgyz Republic shall be granted legal protection of appellations of origin of goods located on the territory of the Kyrgyz Republic.
2. Legal protection in another state of an appellation of origin of goods is available in the Kyrgyz Republic, if that name is registered in the country of origin of the goods, and also in the patent office of the Kyrgyz Republic in accordance with this Code.
Article 1117. Responsibility for unlawful use of the appellation of origin of goods
1. The person having the right to use the appellation of origin of goods, and the organization for the protection of the rights of consumers can demand from the one who illegally uses this name, the termination of its use, the removal from the product, its packaging, letterheads, and similar documentation the unlawfully used appellation or designation similar thereto to the point of confusion, destruction manufactured images of the appellation or designation similar thereto to the point of confusion, and if it impossible - seizure and destruction of goods and (or) packaging.
2. The person holding the right to use the appellation of origin of goods, shall be entitled to demand from the infringer of this right of indemnification of incurred losses.