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Custom Recordal of IPRs in Kyrgyzstan

Kyrgyzstan

Custom Recordal of IPRs
Yes
No
Articles 28-31 of the Customs Code form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Kyrgyzstan.
Custom Recordal of IPRs is effective on both the import and export of goods.
As per article 29, at the written application of the IP rights holder, the customs bodies shall suspend the release of goods if they have doubts that the goods violate the IPR of the applicant.
At the written application of the IP rights holder, the customs bodies shall suspend the release of goods if they have doubts that the goods violate the IPR of the applicant. In the mentioned case, the applicant and the importer shall be notified of the suspension of the release of the goods. Fee rates for submitting such an application shall be set by the Cabinet of Ministers of the Kyrgyz Republic. The customs bodies may require that the applicant provide a guarantee sufficient in amount to cover importer's losses occurred at the applicant's fault.
The documents of registered IP in Kyrgyzstan and other such documents as may be required by the Customs authority, including description of original goods, containing the object of intellectual property, and where necessary sample or photo, or other data giving full impression about the appearance of the goods.
No
Usually within 05 days.
The customs authority has a centralized system.
No
Fee rates for submitting such an application are set by the Cabinet of Ministers of the Kyrgyz Republic. Currently, the registration fees for object of intellectual property are collected for the following actions:
  • 1330 Som (about US $29) for registration of each object of intellectual property; and
  • 410 Som (about US $9) for extension of the term of registration of objects of intellectual property.
Registration during which customs control is exercised lasts for a term of 02 years after which it may be extended for the following term at the application of the rights holder, In this case, the validity period for registration may not exceed the validity period for IPRs.
Yes
In case of revealing the goods containing the object of IP registered in the registry, the customs suspend release or conventional release and sale of these goods.
The rights holder bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
Within 10 days of intimation, the rights holder is supposed to institute a suit, which shall suffice the requirement of intimation to continue suspension on accord of them being counterfeit goods.
Yes
10 days
Yes
The rights holder must, within 03 days after detention of the goods, pay to the deposit of the customs agency the amount sufficient for coverage of the debts of the declarant incurred in connection with such detention as a guarantee from which the declarant’s damages will be paid in case the court finds that the detained goods are not counterfeited. The court reviewing the matter of counterfeit of suspended goods also decides the issue of providing the rights holder with the guarantee.
The infringing goods are detained, and further, the customs act in accordance with the court orders.
Yes, upon failure to do so, the goods are returned to the importer.
No
The court may require further adduction of documents.
The possible remedies awarded by the court include the destruction of goods.
Yes, since the term of protection could be valid up to period of existence of trademark rights.