Legislative Implementation of Flexibilities - Kyrgyzstan

Title:	Article 12 of the Patent Law of 14/01/1998 as last amended in 2003
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Article 12. Obligations of the Patent Owner and Compulsory Licenses

If the object of industrial property is not used or insufficiently used by the patent owner or persons to whom the rights for it has been transferred, within three years as of the date of granting a patent, that leads to insufficient supply of the appropriate goods or services at the market of goods and services, any person wishing and ready to use patent of an industrial property, in the event of refusal of the patent owner to conclude licensing agreement with this person on the conditions pursuant to the common practice, has the right to apply to court with an action to provide him a compulsory license for the use of this object.

If the patent owner fails to prove that the non-use or insufficient use of an object of industrial property is conditioned by excusable reasons, the court shall grant the indicated license specifying the scope of use, the amount, time limits and procedures of payment. The amount of payment must not be lower than the price of the license, which is determined in compliance with the established practice.

The patent owner that can not use an invention without infringing the rights of the other owner of a patent for an invention or for a utility model, who has refused to conclude a licensing agreement based on the conditions that are in compliance with the common practice, has the right to apply to court with an appeal to grant him a compulsory license for the exploitation of an invention or utility model under condition that his invention presents an important technological achievement of the significant economic value with respect to the invention or utility model patent for which belongs to the other person.

If the indicated license is provided, the court must establish the limits for the use of an invention or utility model, patent for which belongs to the other person, in the scope necessary to exploit an invention patented by the person requiring to provide him a compulsory license, as well as the amount, terms and payment order. The amount of payment must be established not less than the price for a license, which is determined in compliance with the common practice.

In the emergency situations (disasters, catastrophes, big accidents), as well as in the interests of the national security, the Government of the Kyrgyz Republic shall have the right to grant a compulsory license coupled to payment of an applicable compensation to a patent owner, in this case the volume and time of exploitation of the patented object of industrial property shall be restricted by the purposes for which it was allowed. Disputes arising due to such exploitation shall be decided by court.

The compulsory license shall always be non-exclusive license, it cannot be reassigned to another person.