قيرغيزستان

Unofficial translation

Approved by the Government Decree

of the Kyrgyz Republic from September 15, 2008 N 517

Regulation on fees for registration and granting the right

to use traditional knowledge

(As amended by the Decree of the Government of the Kyrgyz Republic of August 7, 2018 No. 363)

Section I General provisions

1. This Regulation establishes the procedure, amounts and terms of payment of fees for performing legally significant actions related to registration and granting the right to use traditional knowledge, provided for by the law of the Kyrgyz Republic "On protection of traditional knowledge", as well as the grounds for exemption from payment of fees and reducing their size.

(As amended by the Decree of the Government of the Kyrgyz Republic No. 363 of August 7, 2018)

2. The amounts of duties provided for in this Regulation are set in the national currency of the Kyrgyz Republic - soms.

3. (The paragraph became invalid in accordance with the Decree of the Government of the Kyrgyz Republic No. 363 of August 7, 2018)

The document confirming payment of the fee is a copy of the payment order that has the bank's stamp on payment or the bank's receipt for payment of fees in cash or by transfer from the personal account.

The document confirming payment of duties, shall contain the registration number of the application for registration and granting the right to use traditional knowledge, or the number of applications for registration and granting the right to use registered traditional knowledge (hereinafter - the application of traditional knowledge), or the number of the certificate on registration and granting the right to use traditional knowledge, or the number of the certificate of registration and granting the right to use registered traditional knowledge (hereinafter - certificate), and the name of the legal action for which the fee was paid. If the registration number for the application for traditional knowledge has not yet been assigned, the specified document, along with the name of the action for which the fee was paid,

must contain the name of the traditional knowledge and the name of the applicant. A document that does not contain the specified information is invalid.

(As amended by the Decree of Government of the Kyrgyz Republic No. 363 of August 7, 2018)

4. Compliance of the amount of the paid fee with the established amount is determined on the date of its payment.

5. The amount of the fee paid is not subject to refund, except in cases when its payment was made in an amount exceeding that established by this Regulation, or when the action for which the fee was paid was not performed.

6. The overpaid amount of the fee is returned in accordance with the established procedure or, at the request of the applicant, is counted against the payment of other fees provided for in this Regulation, the payment of which is allowed on the date of filing the application.

7. Persons who are holders of traditional knowledge are granted the following benefits for the payment of fees established by section II of this Regulation:

a) participants of the Great Patriotic War or persons equated to them, persons with disabilities of the first and second disability groups, as well as state bodies and institutions financed from the national budget, are completely exempt from paying duties;

b) individuals pay 10 percent of the amount of fees; c) non-profit organizations, with the exception of organizations provided for

in subparagraph "a" of this paragraph, pay 30 percent of the amount of fees. (As amended by the Decree of Government of the Kyrgyz Republic No. 363

of August 7, 2018)

Section II

Fees for registration and granting the right to use traditional knowledge N

Purpose of the fee Amount of the fee in soms 1 Submitting an application for traditional knowledge and

conducting its review 1080.0

The document confirming payment of the fee is submitted simultaneously with the application for traditional knowledge to the authorized state body in the field of intellectual property. N

Purpose of the fee Amount of the fee in soms 2 Registration of traditional knowledge and issuance of

certificate 900,0

The document confirming payment of the fee is submitted within two months from the date of receipt by the applicant of the decision to register and / or grant the right to use traditional knowledge.

A document confirming payment of the fee may be submitted within three months from the date of expiration of the two-month period. In this case, the fee is increased by 50 percent.

If a document confirming payment of the fee in the prescribed amount is not submitted within the specified period, the registration of traditional knowledge and the issuance of a certificate is not performed. N

Purpose of the fee Amount of the fee in soms 3 Publication in the official Bulletin of information about

traditional knowledge 540.0

The publication of information about traditional knowledge in the official bulletin is carried out at the request of the owner of traditional knowledge.

The document confirming payment of the fee is submitted within three months from the date of entering information in the State register of traditional knowledge.

If a document confirming the payment of a fee in the prescribed amount is not submitted, publication of information about traditional knowledge in the official bulletin is not carried out. N

Purpose of the fee Amount of the fee in soms 4

Renewal of the certificate 863.0

The document confirming payment of the fee is submitted simultaneously with the application for extension of the specified period.

If the application is not accompanied by a document confirming payment of the fee, the application is considered to be undelivered. N

Purpose of the fee Amount of the fee in soms 5 Granting a six month period for extending the expired

certificate 575.0

The document confirming payment of the fee is submitted simultaneously with the request for renewal within six months from the date of expiration of the last year of registration.

If the request is not accompanied by a document confirming payment of the fee in the prescribed amount, the request is considered unsubstantiated. N

Purpose of the fee Amount of the fee in soms 6 Making changes and corrections to the State register of

traditional knowledge and to the certificate at the initiative of the applicant 251.0

The document confirming payment of the fee for making changes is submitted simultaneously with the application for making changes.

At failure to submit together with application the document, certifying fee payment in duly amount, alterations into the State register of TK shall not be filed. N

Purpose of the fee Amount of the fee in soms 7 Registration of the contract for the use of traditional

knowledge and making changes to the State register of traditional knowledge and the certificate

1080.0

8 Making changes to the registered contract for the use of traditional knowledge - 251,0

The document confirming payment fee shall be provided together with application for registration of the contract on the use of traditional knowledge, a statement on changes in the registered agreement for the use of traditional knowledge.

At failure to submit together with application the document, certifying fee payment in duly amount, registration of agreement for use of traditional knowledge and amendments to the contract was not made.

(As amended by the Decree of Government of the Kyrgyz Republic No. 363 of August 7, 2018)