Kyrgyzstan
Constitution of the Kyrgyz Republic
| Year of current version: | 2010 |
|---|---|
| Date of Text (Adopted): | June 27, 2010 |
| Type of Text: | Constitution / Basic Law |
| Subject Matter: | Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, Patents (Inventions), Traditional Cultural Expressions, Traditional Knowledge (TK) |
| Notes: | |
| Available Texts: | |
| English | |
| Russian | |
| Related Legislation: | |
| WIPO Lex No.: | KG084 |
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The first Constitution of the Kyrgyzstan was adopted on May 5, 1993. It has been amended in 1996, 2003, 2005, 2006 and 2007.
The current Constitution of the Kyrgyzstan Republic was adopted on June 27, 2010 by popular referendum and entered into force on July 2, 2010.
The Constitution proclaims the establishment of a democratic, legal, secular, unitary and social State (Article 1). Kyrgyzstan Republic has the principle of separation of powers (Article 3). The legislative power is vested in Jogorku Kenesh (the Parliament). The executive power is carried by the Government, state committees, administrative departments and local state administrations. The judicial power is exercised by the courts.
The Constitution contains specific provisions regarding intellectual property in Article 49 proclaims that the freedom of literary, artistic, scientific, technical and other forms of creativity is guaranteed for everyone; everyone has the right to participate in cultural life and have access to cultural values, and that the State ensures the preservation of historical monuments and other objects of cultural heritage, and; that intellectual property is protected by law.
The Constitution also contains provisions which can be extended to intellectual property in Article 42.1, which proclaims that everyone has the right to own, use and dispose of his property, and Article 37.1 which proclaims that popular customs and traditions that do not infringe on the rights and freedoms of a human, are supported by the State in the Kyrgyzstan Republic.