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Chapter 47. Grounds for protection of
intellectual property rights by customs bodies
Article 340. Protection of Intellectual Property Rights by
Customs Bodies
Customs bodies
shall provide protection of rights of a right holder to objects of copyrights
and related rights, trade marks and services marks and of a holder of the right
to use appellation of origin of the goods in accordance with the procedure established
by this Code, legislative and other legal acts of the Kyrgyz Republic.
Article 341. Register of Protected Objects of Intellectual
Property
1. The authorized state body shall
maintain the Register of protected objects of intellectual property (hereinafter
referred to as the Register) for purposes of customs control.
The procedure for maintaining the
Register and informing the customs bodies and applicants of data contained in
it shall be established by the authorized state body.
2. To include objects of intellectual
property in the Register, a right holder or his representative should lodge
an application to the authorized state body in accordance with the procedure
stipulated by Items 2 and 3 of Article 342 of this Code and pay fees in the
amount established by the Government of the Kyrgyz Republic.
3. Objects of intellectual property,
with respect to which the authorized state body has made an appropriate decision,
shall be included in the Register.
4. The authorized state body shall
consider the application within the period not exceeding one month from the
date of its lodgment and make a decision to include the objects of intellectual
property mentioned in the application in the Register or to refuse to include
them. The applicant shall be informed of the decision in writing. If there are
sufficient grounds the authorized state body shall be entitled to extend the
period, but no longer than up to one month.
5. For purposes of checking reliability
of the data submitted by the applicant, the authorized state body shall be entitled
to request from third persons, as well as from state bodies the documents confirming
the submitted data. These bodies and third persons shall be obliged, within
10 days from the date of receipt of the request, to provide the requested documents.
In cases of change of the data mentioned
in the application or documents attached thereto, the applicant shall be obliged
to inform the authorized state body of that.
6. The authorized state body shall
publish the list of objects of intellectual property included in the Register
in its official publications.
Article 342. Procedure for Consideration of Application of
a Right Holder
1. A right holder or other person
that represents the right holder’s interests (hereinafter referred to as the
applicant), assuming that there may be or there is infringement of his rights
according to legislation of the Kyrgyz Republic on intellectual property related
to conveyance through the customs border of goods, which in his opinion, are
counterfeit, or at implementation of other actions with goods being under customs
control shall be entitled to file an application to the authorized state body
on protection of the mentioned rights.
2. The following information should
be included in the application:
1)
information on the right holder, and where the application is lodged by his
representative, on the representative as well;
2)
specification of the object of intellectual property to be included in the Register
and description of goods incorporating objects of intellectual property;
3) information on the organization
producing the goods incorporating the aforementioned objects of intellectual
property and documents confirming authorities of this organization;
4) place of production of goods;
5) information on availability
and belonging of rights of intellectual property.
Documents confirming availability and belonging of rights
of intellectual property (certificate, licensing agreement or other documents
according to legislation of the Kyrgyz Republic on intellectual property), if
necessary, power of attorney issued by the right holder to the person representing
his interests, shall be attached to the application.
Samples of the goods incorporating the object of intellectual
property, and (or) of counterfeit goods may be presented at the same time as
lodgment of the application.
The applicant may submit other information
helping the customs bodies to identify the counterfeit goods, including the
assumed date of infringement of his rights.
3. At lodging an application, an
agreement shall be concluded between the applicant and the customs body on reimbursement
of expenses of customs bodies related to suspension of release of goods and
losses of the declarant in case if it is found out that the suspected goods
are not counterfeit. The content of the agreement on reimbursement of expenses
shall be established by the authorized state body.
4. The object of intellectual property
shall be excluded from the Register in the following cases:
-
at the request of the applicant;
-
in case of failure to pay fee for inclusion of the object of intellectual property
in the Register or for extension of the period of protection of the object;
-
in case of submission of unreliable data;
-
by Court’s decision.
Article 343. Period for Protection of Rights
1. The period for protection of rights of the right holder
by customs bodies shall be established by the authorized state body when making
the decision to include the object of intellectual property in the Register
for two years from the date of inclusion of the object of intellectual property
in the Register.
The mentioned
period shall be extended by the authorized state body at the request of the
applicant for that, on the basis of payment of the appropriate fee.
2. The total period of protection
of rights may not be more than the period of validity of rights to objects of
intellectual property. |
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