The present Law secures general provisions of the State policy and legal, economic and social guarantees in the field of Traditional Кnowledge, including Traditional Кnowledge using genetic resources (hereinafter referred to as Traditional Кnowledge) aimed at further sustainaЫe development of the country and arrangement of conditions for fair distribution of benefits arising from the use of Traditional Кnowledge, which is an historical heritage and property ofthe Kyrgyz RepuЫic people.
Legislation of the Kyrgyz RepuЫic on Traditional Кnowledge consists of Constitution of the
Kyrgyz RepuЫic, the present Law and other normative legal acts ofthe Kyrgyz RepuЫic.
The present Law shall estaЫish а legal regime for the protection of Traditional Кnowledge in the Kyrgyz RepuЬlic territory.
The present Law shall not cover expressions of folklore and national handicraft arts.
Legal relationships in the field of use of genetic resources and the order of access to genetic resources of the Kyrgyz RepuЫic shall Ье regulated in accordance with legislation of the Kyrgyz RepuЫic.
township or city admiпistratioп and other particнlar territories of the Kyrgyz Republic with their own
national and cultuгal tшditions, way of life and traditional knowledge in diffeгent fields of the human activities which possiЬly may impгove the level of living standards;
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The objective ofthe state regulation in the field ofTraditional Кnowledge is а legal protection, promotion ofreservation and wide use ofTraditional Кnowledge in different fields ofhuman activities, assistance in use of Traditional Кnowledge, including knowledge based on genetic resources in industrial production, as well as further commercialization of objects produced as а result oftheir use.
State regulation in the field of Traditional Кnowledge shall include the following:
1) Creation of the preventive mechanism aimed at protection of Traditional Кnowledge from illegal patenting of subject-matters created on the bases of Traditional Кnowledge and use of associated genetic resources Ьу the inclusion the Traditional Кnowledge into database;
2) Fair distribution of benefits received due to usage of Traditional Кnowledge in favor of local communities;
3) EstaЬlishment of the fund for development of local communities, which can Ье sпpported Ьу financial transfers collected during the usage of Traditional Кnowledge and genetic resources;
4) EstaЬlishment of the State fund for development of the system of usage of Traditional
Кnowledge;
5) conducting scientific researches on Traditional Кnowledge and existing genetic resources as to their practical use, inter alia:
reveal the priority trends in researches in the field of Traditional Кnowledge using genetic resources, which may contribute significantly to the preservation of environment;
development and improvement ofnew types of genetic resources utilization;
making scientific studies in order to create the inventory on Traditional Кnowledge on the territory ofthe Kyrgyz RepuЬlic;
reveal ofwell-known and widely used Traditional Кnowledge
The state policy in the field of Traditional Кnowledge shall Ье performed Ьу the Authorized State Body in the field of Intellectual Property (hereinafter refeпed to as the Authorized Body). Pursuant to this Law the Authorized Body shall receive applications for registration of Traditional Кnowledge, fulfill the State registration, include the data on the registration into the State Register, form the database on Traditional Кnowledge, puЬlish data on Traditional Кnowledge, elaborate and issпe normative legal acts for enforcement ofthis Law.
Legal subjects in the field of Traditional Кnowledge are the State, local communities, natural persons and legal entities iпespective of their structural and legal forms and pattems of ownership as well as foreign natural persons and legal entities.
Interests of the holders of Traditional Кnowledge may Ье represented Ьу the puЬlic organizations of natural persons and legal entities estaЬlished Ьу Traditional Кnowledge holders of particular area acting on the base of appropriate statute of sпch organization and state registration.
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Interests of а natural person who is а traditional knowledge holder may Ье represented both Ьу that natural person himself and Ьу the representative assigned Ьу him.
Foreign natural persons and legal entities in accordance with the present Law shall Ье entitled to act through their official representatives.
Legal protection shall cover Traditional Кnowledge, which is practically applicable in appropriate field of the human activities and which has positive result in the appropriate field.
Legal protection shall not cover Traditional Кnowledge, which is actually or possibly may
cause damage to human life and health as well as to environment.
For the rise of legal protection of traditional knowledge an official registration shall Ье required in the order established Ьу this Law or entered into force in the order established Ьу the legislation of the Kyrgyz Republic or in virtue of an intemational agreement ofthe Kyrgyz Republic.
Traditional Кnowledge may Ье registered Ьу one or jointly Ьу severallegal entities or natural
persons iпespective of their pattems of ownership, who are the holders of Traditional Кnowledge.
In order to protect Traditional Кnowledge in the Kyrgyz Republic, inclusion them into the database, applications for registration of Traditional Кnowledge may Ье filed Ьу State bodies and institutions.
The order of registration and use of Traditional Кnowledge Ьу State bodies and institutions shall
Ье determined Ьу the Govemment ofthe Kyrgyz RepuЬlic.
Registration ofTraditional Кnowledge in the Kyrgyz RepuЬlic shall not Ье limited in time.
Patenting of subject-matters, which are representing Traditional Кnowledge shall not Ье allowed in the Kyrgyz RepuЬlic.
When patenting the subject-matters created on the base of Traditional Кnowledge, materials of the application must contain reveal of origin of Traditional Кnowledge which is used as prior art or prototype. The applicant shall indicate the source of making Traditional Кnowledge availaЬle to the puЬlic.
Holder of а certificate, which name is indicated in the registered Traditional Кnowledge shall Ье
entitled to receive remuneration from the owner of а patent for invention created Ьу use of Traditional
Кnowledge.
The order of payment of remuneration for use of Traditional Кnowledge with the purpose of creation of invention shall Ье determined Ьу an agreement between the owner of certificate for Traditional Кnowledge and the owner of а patent for invention.
At the same time such agreement must specify assignments to Ье made for use of Traditional
Кnowledge to the Fund for development oflocal communities or the State fund for development ofthe system ofTraditional Кnowledge usage.
In order to prevent illegal patenting of subject-matters created on the base of Traditional
Кnowledge the Traditional Кnowledge database shall Ье maintained, which shall Ье used during examination of subject-matters to Ье patented.
The database shall Ье maintained Ьу the Authorized State Body based on the data on registered Traditional Kпowledge and information regarding Traditional Кnowledge which has entered into puЬlic domain.
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An applicatio11 for registratio11 a11d gra11ti11g the right to use Traditio11al Кnowledge or for gra11ti11g the right to use registered Traditio11al Кnowledge (herei11after refeпed to as Applicatio11) shall Ье filed to the Authorized Body Ьу applica11t perso11ally or through hislher represe11tative (represe11tatives) acti11g 011 the basis of а power of attomey gra11ted Ьу the applica11t whose i11terests are represe11ted Ьу him.
An applicatio11 shall Ье filed i11 the State or Officialla11guage.
An applicatio11 shall co11tai11 the followi11g:
1) applicatio11 for traditio11al knowledge registratio11 a11d gra11ti11g the right to use Traditio11al Кnowledge or gra11ti11g the right to use registered Traditio11al Кnowledge stati11g the applica11t as well as his locatio11 a11d place of reside11ce;
2) specific a11d complete descriptio11 ofTraditio11al Кnowledge, i11cludi11g:
poi11t of origi11 ofTraditio11al Кnowledge (borders of а geographic object);
descriptio11 of ge11etic resource, which is bei11g used i11 connectio11 with particular traditio11al knowledge;
field of applicatio11 a11d expected positive result oftraditio11al k11owledge used; i11formatio11 releva11t to previously issued publicatio11s regardi11g а particular traditio11al knowledge.
The followi11g docume11ts shall Ье attached to the applicatio11:
1) An official docume11t gra11ted Ьу the compete11t authority co11firmi11g а practical applicability of Traditio11al Кnowledge a11d positive result of use thereof i11 appropriate field of activity.
2) Co11clusio11 of the compete11t body (bodies) confirmi11g membership of the applica11t i11 а local commu11ity a11d/or is located i11 geographic object for which Traditio11al Кnowledge is pertai11ed to.
In case of fili11g the applicatio11 for registratio11 of Traditio11al Кnowledge Ьу State bodies, the said co11clusio11 shall 11ot Ье required.
3) For foreign applica11t а docume11t confmni11g hislher right for the claimed Traditio11al
Kпowledge iп the cou11try of origi11
The Authorized body shall establish а11у other requireme11ts to the aboveme11tio11ed docume11ts a11d order oftheir fili11g i11 accorda11ce with the legislatio11 ofthe Kyrgyz Republic.
Co11sideratio11 of the applicatio11 shall Ье carried out withi11 three mo11ths si11ce the date of fili11g to the Authorized body. Duri11g co11sideratio11 of the applicatio11 the coпte11ts of required docume11ts, coпect11ess of registratio11 thereof a11d coпespo11de11ce of the claimed traditio11al knowledge with the requireme11ts pl'Ovided Ьу Article 9 of this Law shall Ье checked.
Accordi11g to the results of co11sideratio11 of the applicatio11 а decisio11 to registel' or Iefuse registшtio11 ofTraditio11al Кnowledge shall Ье take11.
Failure to meet the co11ditio11s provided Ьу Article 9 of this Law shall Ье co11sidered as the groн11ds for Iefusal ofTшditio11al Кnowledge registiatio11.
The Authorized Body upo11 positive decisio11 take11 011 Traditio11al Кnowledge registшtioп a11d payme11t of appl'Opriate Iegistшtio11 fees shall e11tei the i11formatio11 011 Iegistratio11 i11to the State
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Register of Traditional Кnowledge of the Kyrgyz RepuЬlic (hereinafter refeпed to as Register). The order of entering and list of information entered into the Register shall Ье determined Ьу the Authorized Body.
The information related to registration of Traditional Кnowledge сап Ье published in official
publications ofthe Authorized Body ifTraditional Кnowledge holder wishes to do so. The Authorized Body upon consultation with the traditional knowledge holder shall define the scope and contents ofthe information subject to publication.
Traditional Кnowledge, which is being published partially or not published at all, shall Ье kept
Ьу the Authorized Body confidentially.
Appropriate fee shall Ье paid within two rnonths since the date of decision receipt Ьу the applicant.
Applicants, whose narnes are indicated as Traditional Кnowledge owners or who were granted
the right to use Traditional Кnowledge in appropriate rnanner shall receive certificates with а form prescribed Ьу the Authorized Body. А form of certificates and content of the data contained therein shall Ье specified Ьу the Authorized Body.
А certificate shall Ье granted Ьу the Authorized Body within two rnonths after publication in the
Official Bulletin.
This certificate shall Ье valid within five years since the date of application filing to the
Authorized Body.
Terrn of validity of а certificate rnay Ье extended upon the request of the certificate owner
provided that appropriate fee is paid.
Application for extension of the terrn of validity of а certificate shall Ье filed within last year of
the certificate's validity.
Te1m ofvalidity of а certificate shall Ье extended for ten years each tirne.
Upon solicitation Ьу the certificate owner for extension of the term of validity he/she rnay receive additional six-rnonth-period of extension provided that additional fee is paid.
Record on the extension of term of validity of а certificate shall Ье made Ьу the Authorized
Body in the Register and certificate.
Certificate owner shall notify the Authorized Body on the change of his/her title, sumarne, given or patronyrnic narnes and any other changes related to registration and granting the right to use Traditional Кnowledge.
Record of the change shall Ье rnade in the Register and certificate provided that appropriate fee
is paid.
Coпections of obvious and technical rnistakes, which were made not because of applicant's
fault shall Ье made Ьу the Authorized Body in the Register and certificate of registration andlor of the right to use Traditional Knowledge without payrnent of any additional fees.
Pursuant to this Law а person who is not the owner of Traditional Кnowledge rnay receive а
1ight to use Traditional Кnowledge provided that appropriate agreernent is concluded between lrirnlher and the owпer of Traditional Кnowledge, who has registeied Traditional Кnowledge in the Authorized Body.
Accordiпg to the agreernent the owner of Traditional Кnowledge shall grant the right to use
Traditional Кnowledge to other person in the scope oftransfeпed rights, tirne-lirnits, teпitory and шdei of payrnents established Ьу this agreement. Conditions of the agreernent aie subject to the rnutual
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co11se11t of the parties co11cemed. The agreeme11t shall Ье registered i11 the Authorized Body provided that appropriate fee is paid.
The agreeme11t must provide а provisio11 of assignme11ts for use of Traditio11al Кnowledge to the Fu11d for the developme11t of а local commu11ity or the State Fu11d for developme11t of the system of Traditio11al Кnowledge usage.
At the same time assignme11ts for use of Traditio11al Кnowledge provided Ьу the agreeme11t to the Fu11d for the developme11t of а releva11t local community or the State Fu11d for developme11t of the system ofTiaditio11al K11owledge usage shall Ье 11ot less tha11 20%.
For performa11ce of а11у legal actio11s related to registratio11 or gra11ti11g the right to use
Traditio11al Кnowledge appropriate fess shall Ье charged, which shall Ье paid to the Authorized Body.
List of actio11s for which fees shall Ье paid, their size a11d terms of payme11t as well as grou11ds for exemptio11s to рау fees, reductio11 a11d refu11ds thereof shall Ье determi11ed Ьу the Govemme11t ofthe Kyrgyz RepuЬlic.
Fees shall Ье paid to the Authorized Body Ьу the applicant, certificate ow11er or as agreed Ьу а11у 11atural perso11s or legal e11tities.
All funds assigned to the accou11t of the Authorized Body i11 the form of fees, i11cludi11g сuпе11су fu11ds a11d payme11t for services a11d materials shall Ье used Ьу the Authorized Body for technical equipme11t, creatio11 a11d applicatio11 of automated system, mai11te11a11ce the database 011
Traditio11al Кnowledge, traini11g a11d motivatio11 of the staff as well as developme11t of Intellectual
Property system.
In order to reserve Traditio11al Кnowledge a11d distribute fairly be11efits from use thereof the ow11ers ofTraditio11al Кnowledge shall estaЬlish the Fu11d for developme11t of а local community.
In order to develop the Traditio11al Кnowledge system the State Fu11d for developme11t of
Traditio11al Кnowledge usage shall Ье estaЬlished u11der the Authorized Body.
The sources of fi11anci11g of the Fu11d shall i11clude assignme11ts u11der the agreeme11ts for use of Traditio11al Knowledge and other sources, which are 11ot forЬidde11 Ьу the legislatio11 of the Kyrgyz RepuЬlic.
Productio11, applicatio11, import, distributio11, offer for sale, sale a11d other e11teri11g to eco11omic tumover shall Ье deemed as а usage of Traditio11al Кnowledge i11 subject-matters co11taini11g and created 011 their base.
Usage i11 production with commercial purposes without co11clusio11 of agreeme11ts with
Traditio11al Kпowledge holders shall Ье deemed as illegal use ofTraditioпal Кnowledge.
Usage of Traditio11al Кnowledge shall Ье allowed without co11se11t of Traditio11al Кnowledge holder if such а usage takes place for educatio11al a11d research purposes provided that the source is i11dicated a11d exclusively for perso11al purposes.
In case of 11011use or i11sufficie11t use of registered Traditio11al Кnowledge Ьу the ow11er of
cetiificates duri11g thтee years from the date of issua11ce of certificates, а11у perso11 wishi11g to use protected Tiaditio11al Кnowledge if the ow11er of certificate refuses to co11clude the agreeme11t to use Traditio11al Кnowledge with such perso11 subject to co11ditio11s coпespo11di11g а commo11 practice, shall Ье e11titled to go to court with а suit for gra11ti11g himlher such а permissio11 to use Traditio11al Кnowledge co11cemed.
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In the event that the owner of certificate fails to prove that nonuse or insufficient use was caused Ьу reasonable excuse, the court shall give the said permission with identification of the scope of use, size, terms and order of payment.
Size of payments for use of Traditional Кnowledge shall Ье specified in accordance with common practice.
In case of force-majeure (disasters, catastrophes, accidents) as well as in the interest ofnational security the Government ofthe Kyrgyz Republic shall Ье entitled to issue permission to use Traditional Кnowledge provided that reasonable compensation is paid to the owner of certificate; scope and duration of use of Traditional Кnowledge shall Ье limited Ьу the purposes for which permitted. Any disputes, which can rise as а result of such use, shall Ье settled Ьу the court.
Disputes related to application of this Law shall Ье considered in the order prescribed Ьу the legislation ofthe Kyrgyz Republic.
If an intemational agreement signed Ьу the Kyrgyz Republic and entered into force in the order prescribed Ьу the legislation of the Kyrgyz Republic provides for provisions other than provisions provided Ьу this Law an appropriate intemational agreement shall prevail.
This Law shall enter into force since the date of publication.
Bisblcek city, Government House
July 31, 2007
N116
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