Industrial Designs

– Law of the Kyrgyz Republic No. 69 of March 23, 2023, in force since April 7, 2023.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), as of December 25, 1991.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, as of December 25, 1991.
– Locarno Agreement Establishing an International Classification for Industrial Designs, as of December 10, 1998.
– WTO’s TRIPS Agreement, as of December 20, 1998.
– Hague Agreement Concerning the International Registration of Industrial Designs, as of March 17, 2003, and Geneva Act as of December 23, 2003.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), as of July 31, 2011.
– Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention, as of March 17, 2021.

Filing

Applicant: individuals or legal entities.

Foreigners: enjoy the same rights as nationals; must appoint a Kyrgyz agent.

Kinds of designs: industrial designs (or combinations thereof) that are new and original.

Novelty: the essential features of a new design must not be known in the world before the priority date.

Novelty grace period: six months.

Not registrable: designs resulting from the technical function of the article; which are contrary to the public interest or morality; those related to structural forms, with the exception of minor architectural forms; printing products as such; articles having unstable shape, such as liquids, gaseous or bulk substances.

Priorities: according to the Paris Convention; an application claiming priority must be submitted within six months from the earliest filing date.

Multiple applications: the application may include an unlimited number of designs (variants) in one application if the designs concern the same object or may be identified as a kit of goods and have a single design concept.

Territory covered: the Kyrgyz Republic.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization);
2. Photographs and drawings;
3. Specification of the design;
4. Priority document (if any).

Electronic filing: available to a limited extent.

Electronic signatures: are not accepted (only wet signatures).

For a change of name or address: any official document evidencing such change. Documents should be in original or notarized copy. No legalization is required.

Examination Procedure

Examination: formal and substantive examinations.

The substantive examination is carried out within five months of issuing the positive decision as a result of the formal examination.

Amendments and corrections: possible; voluntary within two months, as well as during the examination (if no essential modifications are introduced).

Publication: after the issuance of the granting decision, the particulars of the design are entered into the Register and published in the Kyrgyzpatent Gazette.

Granting and Protection

Granting decision: if the substantive examination is favorable, Kyrgyzpatent issues a decision granting a patent. The particulars of the patent are entered into the Register and published in the Kyrgyzpatent Gazette. A negative decision may be appealed by the applicant at the Kyrgyzpatent Appeal Board within a three-month term.

Delivery of document: the registration certificate is issued in paper or electronic format.

Duration: five years from the filing date. Extension: possible for additional five-year periods, up to a maximum of twenty-five years.

License rights, opposition and invalidation are regulated in the same manner as for “patents“.