Bishkek
March 17, 2006, N 79
Law of the Kyrgyz Republic
On Secret Inventions
(Redaction of the Law of the KR of March 22, 2007, N 38)
The Law of the Kyrgyz Republic “On Secret Inventions” regulates relations arising in the Kyrgyz Republic territory referring to clarification and use of inventions recognized as secret in order of the present Law.
The notion of secret invention under the present Law are such inventions, which contain information of public secrecy and recognized as secret in order of the present Law.
Secret inventions during the term of secrecy are the property of the Kyrgyz Republic.
Article 1. Legal regulation of relations in the field of secret inventions
Legal regulation of relations arising in connection with secret inventions and their using shall be realized in accordance with the Civil Code of the Kyrgyz Republic, Patent Law of the Kyrgyz Republic, the Law of the Kyrgyz Republic “On Service Inventions, Utility Models, Industrial Designs”, the Law of the Kyrgyz Republic “On Protection of State Secrets Of the Kyrgyz Republic, the present Law and other normative legal acts of the Kyrgyz Republic.
Relations arising from secrecy and use of developments containing information of public secrecy, but non determined as secret inventions in accordance with the present Law, shall be regulated by the Law of the Kyrgyz Republic “On Protection of Public Secrets of the Kyrgyz Republic”.
Article 2. Classification of inventions containing information of public secrets
Authorized public body of the Kyrgyz Republic in the field of IP at applications issuing for a patent for invention, filed in accordance with requirements of the Patent Law of the Kyrgyz Republic, organizes a work to reveal information containing state secrets and classification of applications containing such information. Order of this work shall be established by the public state body of the Kyrgyz Republic in the field of IP.
Ministries, state committees, administrative departments (hereinafter - state bodies) with lists of information to be classified, shall be entitled to classify the invention containing information constituting state secrets and apply through their regime-sensitive structural units in the IP authorized state body of the Kyrgyz Republic bearing the stamp of their respective degree of secrecy.
Authorized state body of the Kyrgyz Republic in the field of intellectual property is also taking applications for the invention with a proposal to classify served individuals as provided in Article 5 of this Law (hereinafter - the applicants) through mode-sensitive divisions in the workplace, and in the absence of such opportunities - through the special bond of residence (location) or directly in the manner prescribed by the Patent Law of the Kyrgyz Republic.
Classifying of applications containing information constituting state secrets, establishing a degree of privacy, and the timing of their revision by state authorities approved by the Government of the Kyrgyz Republic in accordance with the Law "On the Protection of State Secrets of the Kyrgyz Republic" and this Law.
(In redaction of the Law of the KR of March 22, 2007, N 38)
Article 3. Right to a secret invention and its use
The right to a secret invention and its use is protected by this Law and other legal acts of the Kyrgyz Republic.
The right to a secret invention and its use for the duration of classification belongs to the Kyrgyz Republic in the face of public bodies, to classify it. Using secret inventions must be in compliance with state secrets secrecy of the Kyrgyz Republic in accordance with the Law "On Protection of State Secrets of the Kyrgyz Republic."
In the interest of the state to use a secret invention by others may be allowed to state authority to classify it in the manner prescribed by the Government of the Kyrgyz Republic, subject to secrecy.
Persons found guilty of violating the terms of use of a secret invention, are liable under the legislation of the Kyrgyz Republic.
Article 4. Author of a secret invention
Author of a secret invention recognizes an individual whose creative effort it is created.
If the creation of a secret invention involving several individuals, are all considered by the authors.
Natural persons who have not made a personal contribution in the creation of a secret invention, shall not be recognized as the author (or authors) technical, organizational or material assistance.
The right of authorship is inalienable personal right and is protected indefinitely.
Authorship of a secret invention is certified by certificate issued by an authorized state body of the Kyrgyz Republic in the field of intellectual property, which serves as a basis for incentive compensation, monetary compensation for the classification and compensation for its use. Form of certificate and its contents shall be shall be established by the authorized government body of the Kyrgyz Republic in the field of intellectual property.
At using a secret invention in state needs, the author (s) a public authority, to classify it, monetary return. The amount of remuneration is set by this public authority and shall be no less than fifty times the minimum wage for each year of use, regardless of the number of authors.
Article 5. Order of filing, consideration and classification of application for secret invention
The right to apply for a secret invention belongs to the author (s) of a secret invention or its (their) assignee, including a person who has received a corresponding right in the assignment order.
The right to apply for a service invention, containing information constituting state secrets, and established in accordance with the Law of the Kyrgyz Republic "On service inventions, utility models, industrial designs," belongs to the employer or his successor, including a person who has received a corresponding right to assignment order, if the contract between the employer and the employee invention provides otherwise.
Applications shall be made in accordance with the patent laws of the Kyrgyz Republic. Procedure for consideration of applications for secret inventions and their classification is determined by the authorized state body of the Kyrgyz Republic in the field of intellectual property.
Attraction of specialists on every stage of application passing shall be carried out in order established by the Law of the Kyrgyz Republic “On Protection of State Secrets of the Kyrgyz Republic”.
(In redaction of the Law of the KR of March 22, 2007, N 38)
Article 6. Conditions of protectability of a secret invention
In determining the eligibility of a secret invention conditions of patentability shall be applied set by the Patent Law of the Kyrgyz Republic.
In determining the novelty of a secret invention, along with the information provided by the Patent Law of the Kyrgyz Republic, the prior art are included, provided their earlier priority:
- Kyrgyz Republic patents for secret objects of industrial property;
- Applications for patents for secret objects of industrial property in the Kyrgyz Republic submitted by other persons (except withdrawn applications);
- Information constituting state secrets disclosed in publications and other sources of information that became available in the Kyrgyz Republic for persons who have access to such information on a legal basis, the priority previously declared secret invention.
In determining novelty of secret inventions, the degree of secrecy of information constituting state secrets included in the prior art, should not exceed the level of secrecy secret invention claimed.
Article 7. Priority of a secret invention
Priority of a secret invention shall be installed on the filing date of the authorized state body of the Kyrgyz Republic in the field of IP application filed in accordance with the third paragraph of Article 2 of this Act, containing the description, claims and drawings, if the description is referenced.
Priority of a secret invention may be determined by the filing date of the authorized state body of the Kyrgyz Republic in the field of intellectual property additional materials if they are submitted by the applicant as an independent application that is filed before the expiration of three months from the date of receipt by the applicant notice of the failure to take into account the additional materials the recognition of their changing essence of the claimed solutions, and at the date of its filing application which presents these additional materials is not withdrawn.
Priority secret invention may be determined by the filing date of the authorized state body of the Kyrgyz Republic in the field of intellectual property earlier application by the same applicant disclosing the invention, if the application which claims the priority that received not later than twelve months from the filing date of an earlier application for secret invention. An earlier application is considered withdrawn.
Priority of a secret invention can be set on the basis of several earlier applications with respect to each of these conditions.
Priority of a secret invention shall not be determined by the filing date for which has already been claimed earlier priority.
Article 8. Registration and examination of application for a secret invention
On applications for secret inventions, classified in accordance with Articles 2 and 5 of this Act, shall be examined applications for secret inventions in accordance with the arrangements for the examination of unclassified invention established by the Patent Law of the Kyrgyz Republic with the following features consideration of secret inventions:
- Examination of an application for a secret invention consists of formal and preliminary examinations and examination in essence;
- During the substantive examination authorized state body of the Kyrgyz Republic in the field of intellectual property has a right to involve officials from relevant government agencies. Heads of state bodies are obliged to dispatch these professionals with their average salary and reimbursement of expenses for travel and accommodation;
- Examination of the application relating to a fundamentally new means of arms, military equipment and special technical equipment, conducted after providing an opinion to the concerned ministries, state committees and administrative agencies, a list of which defines the Government of the Kyrgyz Republic;
- Costs associated with the examination, shall be on public authority classifying it.
According to the results of substantive examination the decision on the recognition or non-recognition of the claimed subject invention secret.
Based on the decision of the authorized state body of the Kyrgyz Republic in the field of intellectual property on the recognition of the claimed subject invention secret authorized state body of the Kyrgyz Republic in the field of intellectual property shall secret invention in the State Register of secret inventions and the Kyrgyz Republic shall issue a certificate author (s) and patent applicant stamped "The Secret."
Access to information about registered secret inventions and introduce them manufactured in compliance with the preservation of state secrets in the Law of the Kyrgyz Republic "On State Secrets Protection of the Kyrgyz Republic."
Dispute settlement procedure for secret inventions in the procedure established by the Government of the Kyrgyz Republic.
(In redaction of the Law of the KR of March 22, 2007, N 38)
Article 9. Compensation for classification of invention
An applicant shall be paid a cash compensation for the classification of the invention in an amount not less than twenty times the minimum wage and the cost of the applicant's costs associated with the filing and examination of applications for secret inventions.
Payments referred to in paragraph one of this Article shall be paid at the same time a public authority, to classify a request in accordance with the fourth part of Article 2 of this Act, and shall be paid within one month from the date of entry into the State Register of secret inventions of the Kyrgyz Republic.
(In redaction of the Law of the KR of March 22, 2007, N 38)
Article 10. Declassification of a secret invention
Checking the need to maintain the established level of secrecy secret invention is made within the period specified in its classify public authority that made the decision to classify. Such inspection shall be conducted at the initiative of the applicant's and the public authority to classify it.
Decision on declassifying adopted in the manner prescribed by the Government of the Kyrgyz Republic on the proposal of the public authority to classify secret invention.
Decision on declassifying communicated to the applicant, the author, as well as the authorized state body of the Kyrgyz Republic in the field of intellectual property to be excluded from the registry part of a secret invention.
Article 11. Granting of a patent for declassified invention
On declassified secret invention the applicant within one year from the date of declassification may submit to the authorized state body of the Kyrgyz Republic in the field of intellectual property application for a patent under the Patent Law of the Kyrgyz Republic. A patent is granted for the remaining period of validity provided by the Patent Law of the Kyrgyz Republic, the filing date of the application materials to the authorized state body of the Kyrgyz Republic in the field of intellectual property.
If the applicant within twelve months did not submit an application or refuses to supply it, it goes right to the author (s) of a secret invention.
Priority declassified secret invention is set by the filing date of the application materials to the authorized state body of the Kyrgyz Republic in the field of intellectual property rights in accordance with Article 7 of this Law.
Patent granted on declassified invention, effective date of the request for his extradition and is the basis for inclusion of the protected invention declassified in art from the date of priority for determining novelty other unclassified invention in accordance with the Patent Law of the Kyrgyz Republic.
In the case of invalidation of a patent on the invention unclassified issued in accordance with the Patent Law of the Kyrgyz Republic, in connection with the issuance of a patent for the identical invention declassified having an earlier priority, on the basis of the fourth part of this article, the owner of the patent invalidated on unclassified invention lawfully begun its use before the filing date or making the necessary preparations, and if such an invention is created, regardless of the author (s) declassified invention retains the right to continue to use such an invention without expanding the scope of its use.
(In redaction of the Law of the KR of March 22, 2007, N 38)
Article 12. Patent fees
For executed juridical actions, connected with filing and consideration of applications for a secret invention, a fee shall be collected in accordance with the legislation of the Kyrgyz Republic on fees for inventions patenting.
Article 13. Rights of foreign natural and juridical persons
The provisions of this Act do not apply to foreign individuals and legal entities, unless otherwise stipulated by international treaties of the Kyrgyz Republic.
Article14. Disputes arising in connection with the application of this Act
Disputes about authorship of a secret invention, inappropriate conditions of use of a secret invention, the validity of classification, compensation and rewards are considered by the court in accordance with its competence.
Article 15. Responsibility for violation of this Act
Violation of this law entails responsibility in accordance with the legislation of the Kyrgyz Republic.
Article 16. Transitional provisions
On applications for a patent for a secret invention for which no decisions were made before the entry into force of this Act, the further procedure of clerical work is carried out in the manner prescribed by this Law.
On applications for patents for utility models and industrial samples containing information constituting state secrets, for which no decisions were made before the entry into force of this Act, clerical stops. According to applicant's record keeping on such applications can be continued in the manner prescribed by the Patent Law of the Kyrgyz Republic.
On applications for patents for inventions, utility models and industrial designs containing information constituting state secrets, to which favorable decision of the Kyrgyz Republic and patents granted prior to the entry into force of this Act, provided all safety measures comply with state secrets in accordance with the Law Republic "On state Secrets Protection of the Kyrgyz Republic" and this Law.
Article 17. Final provisions
The present Law enters into force since moment of publication.
Published in the newspaper "Erkintoo" on March 31, 2006, N 23
The Government of the Kyrgyz Republic must transform its normative legal acts in accordance with this Law.
President of the Kyrgyz Republic R.Bakiev
Approved by the Jogorku Kenesh of the Kyrgyz Republic on January 23, 2006.