This document has been drafted in accordance with national patent legislation and the international obligations of the Kyrgyz Republic, including the TRIPS Agreement under the World Trade Organization. The main goal of this project is to eliminate existing gaps in regulation, as current norms allow for the granting of compulsory licenses only through judicial authorities.
According to the explanatory note, the new project will enable the Cabinet of Ministers to issue such licenses in cases where the patent holder does not exercise or insufficiently utilizes their rights to the object, which may lead to a shortage of goods or services in the market. Furthermore, this decision can be made in emergency situations, such as natural disasters, epidemics, or in the interests of national security and defense.
The adoption of this regulation will contribute to achieving the sustainable development goals set by the United Nations and will ensure the availability of medical products in accordance with the Doha Declaration on the TRIPS Agreement and Public Health.
Regulation on the Procedure for Granting Compulsory Licenses for the Use of Patented Inventions, Utility Models, Industrial Designs, and Breeding Achievements
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