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Enforcement of IPRs in Kyrgyzstan

Kyrgyzstan

Enforcement of IPRs
Cheap prices and easy availability are the causes of counterfeiting and piracy in Kyrgyzstan.
Medicines, clothes, and accessories are the goods that most often face counterfeiting and piracy in Kyrgyzstan.
Yes
The primary legislation regulating intellectual property comprises the Civil Code of the Kyrgyz Republic, the Patent Law, (84) the Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin,” the Law of the Kyrgyz Republic “On Copyright and Neighbouring Rights,” the Law of the Kyrgyz Republic “On Legal Protection of Computer and Data Base Software,” other laws and sub-laws.
Patents, Trademarks, Appellation of Origin, Copyright, Data Protection are the different types of IPRs protected by IPR enforcement measures in Kyrgyzstan.
As registration and protection of a trademark are limited by the territory of Kyrgyzstan, any foreign activities may serve only as auxiliary evidence in trademark infringement proceedings.
Registration of IP rights is the essential to-do before an IP rights holder initiates the enforcement proceedings.
Yes; 03 years.
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
The approximate time frame for trademark infringement action is as follows:
  • About 02 months at the trial level;
  • About 02 months at the appeal level; and
  • About 02 months at the cassation appeal (Supreme Court) level.
No
Yes
Yes
A) Responsible Authority - Courts
B) Imprisonment Term - Trademark: 02 to 06 months
C) Monetary Fine - Trademark: 220,000 Kyrgyz som to 260,000 Kyrgyz som
No
In practice, application of the criminal enforcement mechanism is virtually non-existent.
ADR techniques, such as cease-and-desist letters and pre-trial negotiations, are available, but not commonly used.
Yes
Yes
Destruction of goods is the remedy available under border control measures (customs) in Kyrgyzstan.
The applicant must bear the costs of customs intervention during enforcement.
Civil proceedings
Yes, since there are no IP specific courts.