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Law of the Kyrgyz Republic No. 149 of July 7, 2015, on Amendments to the Law on Legal Protection of Integrated Circuits Topologies

 Law of the Kyrgyz Republic No. 149 of July 7, 2015, on Amendments to the Law on Legal Protection of Integrated Circuits Topologies

THE LAW OF THE KYRGYZ REPUBLIC

Bishkek city, July 7 2015 No 149

on Amendments to the Law on Legal Protection of Integrated Circuits Topologies of the Kyrgyz Republic

Article 1.

Introduce to the Law of The Kyrgyz Republic “On the Legal Protection of Integrated Circuit

Topologies” (Gazette of Jogorku Kenesh of The Kyrgyz Republic, 1998, No 8, p 228 “a”) following

amendments: 1. ­ Part 2 of Article 2 shall be stated as follows:

“State regulation in the field of protection of topologies is conducted by the Government of The

Kyrgyz Republic”

2. ­ Part 2 of Article 3 shall be stated as follows:

“A topology consisting of elements that are generally known to developers and manufacturers of

IMS on the date of its creation is granted legal protection only if the totality of such elements meets

the requirements of part two of this article."

3. ­ In Article 6:

In part 3 the word “Kyrgyzpatent” shall be replaced by the words “order, established by the ­ Government of The Kyrgyz Republic”; ­

In part 4 the words “at Kyrgyzpatent” shall be excluded. ­

4. ­ Article 9 shall be stated as follows:

“Article 9. Topology Registration

The author of the topology or other rightholder may, at his own request, directly or through his

representative register a topology by filing an application for the official registration of the topology ­ of the Integral Circuit (hereinafter ­ the application for registration). ­

Application for registration can be implemented in period, not more than 2 years from the date of ­ the first use of topology, if it had 1 place. ­

Application for registration should belong to one topology and contain: ­

Application on official registration of topology of the Integral Circuit with indication of rightholder, as ­ well as the author, if he did not refuse to be indicated so, their location , date of the first use of the ­ topology, if any; ­

Deposited materials identifying the topology, including an abridgement indicating the originality of ­ the topology; ­

Scheme of the spatial­geometric arrangement of the elements of the topology of the IC; ­

A document confirming the payment of the registration fee in the prescribed amount or the grounds ­ for exemption from payment of the registration fee, as well as to reduce its size. ­

After receipt of the application for registration, the availability of necessary documents, compliance ­ with their requirements, stated in part three of this article, is checked. Within two months after the ­ filing of the application, the applicant has the right to supplement, clarify and correct the application ­ materials. ­

The application is reviewed within six months. ­

If the result is positive, the topology is entered in the State register of topologies of integrated ­ microcircuits of the Kyrgyz Republic, information on the registered topology is published and the

applicant is issued a certificate of official registration of the topology of the integrated microcircuit.

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The procedure for official registration, the form of certificates of official registration, the composition ­ of the data specified therein shall be established by the Government of The Kyrgyz Republic. ­

The information entered in the State register of topologies of integrated microcircuits of the Kyrgyz ­ Republic is considered reliable until the opposite is proven. ­

The applicant is responsible for the authenticity of the information. ­

For the implementation of activities related to the official registration of topographies of integrated ­ microcircuits, contracts for the transfer of rights and the publication of information, registration fees ­ are charged. ­

The amounts, terms of payment of registration fees, as well as the grounds for exemption from ­ payment or reduction of their amounts are established by the Government of the Kyrgyz Republic. ­

To notify of its rights, the author of the topology or its successor has the right to indicate on the ­ protected topology, as well as on products incorporating such topology, notification of this in the ­ form of a capital letter T ("T", [T], (T), T * or T), the effective date of the exclusive right to use the ­ topology and information that allows the right holder to be identified. ". ­

5. In paragraph 3 of the Part 2 of Article 10 and in Part 1 of Article 12 the words “in Kyrgyzpatent”

shall be excluded.

6. Parts 3 and 4 of Article 11 shall be considered invalid.

7. Article 13 shall be stated as follows:

"Article 13. Rights of Foreign Individuals and Legal Entities

Foreign natural and legal persons shall enjoy the rights provided for in this Law on a par with

physical and legal persons of the Kyrgyz Republic in accordance with the procedures that have entered

into the procedure established by law in virtue of international treaties to which the Kyrgyz Republic is a

party or on the basis of the principle of reciprocity. "

8. Article 14 shall be considered as invalid.

Article 2.

The Law comes into force after expiration of 10 days from official publication.

Published in the “Erkin Too” newspaper July 10 2015 No 63

The President of The Kyrgyz

Republic А. Atambaev

Passed by the Jogorku

Kenesh of The Kyrgyz

Republic June 4 2015

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