This document has been developed in accordance with the laws on trademarks, legal protection of breeding achievements, and the Patent Law of Kyrgyzstan. The draft takes into account the presidential decree of May 12, 2025, No. 145, aimed at improving state governance in the fields of science, education, innovations, and intellectual property.
According to this decree, two new ministries have been created based on the Ministry of Education and Science and Kyrgyzpatent. The Ministry of Education is now responsible for preschool, primary, and secondary education, as well as initial vocational education. Meanwhile, the Ministry of Science, Higher Education, and Innovations takes on scientific, scientific-technical, and innovative functions, including issues related to intellectual property.
In light of the reorganization of state bodies, there is a need to revise existing regulatory acts.
The Ministry of Science, Higher Education, and Innovations has also conducted an analysis of existing regulatory acts to comply with the circular letter from the President's Administration dated February 26, 2025, No. 11-2034, regarding the inventory of legislation and the elimination of outdated acts.
The prepared draft aims to update old acts through their rephrasing. In the text, the term "Kyrgyzpatent" has been replaced with "authorized state body" in accordance with the Instruction approved by the government resolution dated May 31, 2017, No. 313.
Draft Rules
Draft
(Appendix to the resolution
of the Cabinet of Ministers
of the Kyrgyz Republic
dated ____________ No.____)
RULES
for submitting objections, applications, and their review in the Appeal Council of the Ministry of Science, Higher Education, and Innovations
of the Kyrgyz Republic
Chapter 1. General Provisions
1. These Rules establish the procedure for submitting and reviewing objections and applications in the Appeal Council of the Ministry of Science, Higher Education, and Innovations of the Kyrgyz Republic (hereinafter referred to as the Rules).
2. The Appeal Council of the Ministry of Science, Higher Education, and Innovations of the Kyrgyz Republic (hereinafter referred to as the Appeal Council) is a mandatory body for the initial consideration of disputes concerning the protection of industrial property objects and breeding achievements in the country, and performs functions provided for by these Rules and other regulatory acts of the Kyrgyz Republic.
The composition of the Appeal Council is formed from employees of the Ministry of Science, Higher Education, and Innovations of the Kyrgyz Republic (hereinafter referred to as the Authorized State Body) and its subordinate organizations, consisting of 7 members approved by the order of the authorized state body.
To ensure the openness and transparency of the process of considering objections and applications, the authorized representative for anti-corruption issues participates in the meetings of the Appeal Council as an observer without the right to vote.
Chapter 2. Objections and Applications Submitted to the Appeal Council
3. Objections to the Appeal Council may be submitted in accordance with Articles 3, 31, 33, 34, 36, 38 of the Law of the Kyrgyz Republic "Patent Law", Articles 3, 16, 32 of the Law of the Kyrgyz Republic "On Trademarks, Service Marks, Geographical Indications, and Names of Places of Origin of Goods", Articles 3, 12, 15 of the Law of the Kyrgyz Republic "On Legal Protection of Breeding Achievements", and international treaties in force in accordance with the legislation of the Kyrgyz Republic:
1) against decisions of formal examination and substantive examination regarding the refusal to patent an invention;
2) against decisions of the examination of utility models regarding the refusal to issue a patent;
3) against decisions of the examination on the refusal to issue a patent for an industrial design;
4) against the issuance of a patent for an invention, utility model, industrial design, or breeding achievement;
5) against the decision of the examination on the registration of a trademark or service mark;
6) against the registration of a trademark or service mark;
7) against the decision of the examination on the registration of a geographical indication;
8) against the decision of the examination on the registration of the name of the place of origin of goods;
9) against the registration of a geographical indication and the issuance of a certificate for its use;
10) against the registration of the name of the place of origin of goods and the issuance of a certificate for its use;
11) against the decision on the refusal to issue a patent for a breeding achievement.
4. The following applications may also be submitted to the Appeal Council:
1) for recognizing a trademark as well-known in the territory of the Kyrgyz Republic;
2) for terminating the legal protection of a well-known trademark in the territory of the Kyrgyz Republic.
Chapter 3. Conditions and Procedure for Submitting Objections and Applications
5. Objections and applications specified in paragraphs 3 and 4 of these Rules are submitted by the applicant directly or through their representative.
Documents may be submitted in the state or official language.
Foreign legal entities or individuals permanently residing outside the Kyrgyz Republic must submit objections through patent attorneys registered with the authorized state body, unless otherwise provided by international agreements.
A power of attorney, executed in accordance with the legislation of the Kyrgyz Republic, must be attached to the objection or application submitted through a representative or patent attorney.
The power of attorney to a patent attorney may be issued by the person themselves or by their representative, who has the appropriate power of attorney from the applicant. In this case, both powers of attorney or their proper copies should be provided.
6. Objections, applications, and other documents are submitted to the Appeal Council in paper form by mail or directly to the authorized body, which accepts incoming correspondence.
Documents may also be submitted electronically through the official website of the authorized state body.
7. An electronic medium with copies of documents in PDF format must be attached to the objection or application submitted in paper form.
8. A simple electronic signature is used for submitting an objection or application in electronic form.
9. Each objection or application must relate to only one application, patent, trademark, geographical indication, or name of the place of origin of goods.
10. All documents must be prepared in typed form in the state or official language, signed by the applicant or their representative, and be legible.
11. An objection or application to the Appeal Council is submitted in two copies.
12. The objection or application must indicate:
- the registration number of the application, the surname, name, and patronymic of the individual or the name of the legal entity submitting the objection, and the address for correspondence;
- the essence of the dispute regarding the contested decision;
- all reasons and arguments of the applicant, including a comparative analysis of the proposed object;
- justification of the claims and objections;
- a list of documents attached to the objection or application;
- the date of submission of the objection or application;
- the signature of the person submitting the objection or application;
- the signature and seal of the legal entity if the application is submitted by a legal entity.
13. Objections must be submitted within three months from the date of receipt of the decision, unless otherwise specified in this paragraph.
Objections regarding paragraphs 4 and 6 are submitted throughout the entire term of the patent.
An objection under paragraph 9 is submitted during the validity period of the registration of the geographical indication.
An application under paragraph 2 is submitted within the validity period of the registration of the well-known trademark.
A document confirming the payment of the fee must be attached to the objection or application.
An objection submitted regarding homogeneous goods requires the consent of the trademark owner for the registration of the designation.
14. The date of submission of the objection or application is considered to be the day the properly executed documents with confirmation of payment are received by the Appeal Council.
If the objection or application does not meet the requirements, the applicant is sent a request for correction.
In the absence of corrections, the objection or application is returned, taking into account the review deadlines.
At the request of the applicant, the paid fee may be refunded upon submission of the corresponding petition.
16. The applicant may withdraw the submitted objection or application before the decision of the Appeal Council is announced, and the fee is not refunded.
17. The excess amount of the fee is refunded or credited towards other fees at the request of the applicant.
18. The missed deadline for submitting an objection may be restored at the request of the applicant upon confirmation of valid reasons.
The petition must contain confirmation of valid reasons for missing the deadline and a document on the payment of the fee.
If confirmation of payment is not provided, the petition is considered not submitted.
If the fee was paid in an incomplete amount or there is no confirmation, the objection or application is considered not submitted.
19. At the request of the applicant, the excess amount of the fee is refunded or credited towards other fees.
Chapter 4. Registration and Acceptance of Objections and Applications
20. The acceptance and registration of incoming objections or applications include checking compliance with requirements and assigning a registration number.
21. The acceptance and transfer of objections or applications to the secretary of the Appeal Council is carried out within three working days from the date of receipt.
22. The secretary of the Appeal Council checks the completeness of the submitted documents.
23. If deficiencies are found in the objection or application, the secretary sends a request for their elimination, setting a deadline of no more than two months.
24. If the required documents are missing, the secretary suggests providing them within ten working days.
25. If the deficiencies are not eliminated, the Appeal Council returns the objection or application.
26. The return does not prevent re-application after the deficiencies are corrected.
27. If the claims do not fall within the competence of the Appeal Council, a reasoned decision is made to leave the application without consideration.
28. In all cases of return, the secretary keeps copies of the objection and attached documents.
29. If there is disagreement with the return of the application, this decision may be appealed in court.
30. A notification of the acceptance of the objection for consideration is sent to the holder of the contested document.
The holder of the trademark is notified at their address, indicating that further proceedings are conducted through a patent attorney.
31. If the objection does not meet the submission conditions, it is returned and considered not submitted.
Chapter 5. Deadlines for Considering Objections and Applications
32. Objections are considered by the Appeal Council within three months from the date of their receipt.
Objections under paragraph 4 are considered within six months from the date of their receipt.
Applications under paragraphs 1-2 are considered within four months from the date of their receipt.
33. Any person who has received a notification of the acceptance of the objection may submit a request for a postponement of the meeting date.
The request is submitted three working days before the specified meeting date.
In this case, a new meeting date is appointed.
34. The Appeal Council suspends proceedings in the event of:
- the death of an individual or the liquidation of a legal entity involved in the case;
- the impossibility of considering the case until another case is resolved.
After suspension, all deadlines are also suspended.
Proceedings are resumed after the circumstances are eliminated.
Chapter 6. Consideration of the Objection or Application at the Meeting of the Appeal Council
35. The consideration of the objection takes place at a meeting of the Appeal Council, consisting of at least five members, including the chairperson.
36. Members of the Appeal Council are prohibited from considering the case if they have a personal interest or are close relatives of the participants in the case.
The applicant, the holder of the contested document, and their representatives may participate.
Persons who have submitted an objection and the holder of the document may participate personally or through a representative, whose powers must be confirmed by a power of attorney.
The Appeal Council may allow the participation of other persons without the right to vote.
Participants in the case may challenge any member of the Appeal Council before the conclusion of the case consideration.
The challenge must be declared before the case consideration begins.
39. The absence of a participant who has been notified of the meeting does not prevent its conduct.
The Appeal Council may postpone the meeting in case of the absence of the parties.
40. Proceedings are conducted in the state or official language, and participants who do not speak the language are provided with a translator.
Recording equipment may be used only with the consent of the Appeal Council.
41. The chairperson opens the meeting and introduces the participants.
The parties, experts are heard, and additional speeches are provided.
43. The minutes of the meeting are kept by the secretary and signed by all participants.
If necessary, the Appeal Council may appoint an independent examination.
The expert's conclusion must contain the results of the research and reasoned conclusions.
Chapter 7. Entry into Force of Decisions
45. The decision of the Appeal Council is made based on the results of the meeting after the consideration of the objection or application is completed.
The decision is made by a majority of votes of the members of the Appeal Council.
The operative part of the decision is announced by the chairperson to the parties.
46. Special opinions of the members of the Appeal Council are formalized in a separate document and attached to the materials.
47. The decision is documented in writing and signed by all members of the Appeal Council.
48. The reasoned decision is sent to the person who submitted the objection within a month from the date of its issuance.
49. The decision comes into force from the moment of its adoption.
50. In case of disagreement with the decision, the opposing parties have the right to file a complaint in court within three months.
