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KYRGYZ REPUBLIC

Since May 2002, entry into force in August 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Kyrgyz Republic has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

KYRGYZ REPUBLIC

Since March 1998, last amended in August 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Law of the Kyrgyz Republic No. 27 about Trade Secrets (КЫРГЫЗ РЕСПУБЛИКАСЫНЫН МЫЙЗАМЫ 1998-жылдын 30-арты N 27 Коммерциялык сыр жөнүндө)
Art. 11.2 of the Law No. 27 of the Kyrgyz Republic states that State control and law enforcement bodies have the right to familiarise themselves with the information considered to be commercial secrets within the limits of their competence in accordance with the powers of control and supervision granted to them by law. Access to commercial secrets is provided to the financial intelligence agency in accordance with the laws of the Kyrgyz Republic in the field of combating the financing of terrorist activity and the legalisation (laundering) of criminal proceeds.
Nevertheless, Art. 11.3 and 11.4 establish that obtaining documents containing information considered to be commercial secrets shall be carried out only with the sanction of the prosecutor or his/her deputy and in accordance with the procedure agreed with the head of the relevant institution. Obtaining documents is carried out according to the investigator's decision. Officials of these bodies shall be held liable as provided by law for disclosing information constituting a commercial secret of an economic entity.
Coverage Horizontal

KYRGYZ REPUBLIC

Since March 1998, last amended in August 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Law of the Kyrgyz Republic No. 27 about Trade Secrets (КЫРГЫЗ РЕСПУБЛИКАСЫНЫН МЫЙЗАМЫ 1998-жылдын 30-арты N 27 Коммерциялык сыр жөнүндө)
Law No. 27 of the Kyrgyz Republic provides a framework for the effective protection of trade secrets.
Coverage Horizontal

KYRGYZ REPUBLIC

Reported in 2022, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
There is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. It is practised in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

KYRGYZ REPUBLIC

Reported in 2021, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns shares in certain telecom companies. In particular, Alfa Telecom is fully owned by the State of Kyrgyzstan, while for Kyrgyztelecom Open Joint Stock Company (Kyrgyz Telecom OJSC) the ownership structure consists of 77.8% owned by the Ministry of Digital Development, 12.5% by the Social Fund and the remaining shares are owned by private individuals and entities.
Coverage Telecommunications sector

KYRGYZ REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
The Kyrgyz Republic does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

KYRGYZ REPUBLIC

Since December 2019, last amended in January 2023
Since March 1998, last amended in August 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Licensing restrictions to operate in the telecom market
Regulation on Licensing of Activities in the Field of Electric and Postal Communications, approved by Government Resolution No. 746 (ЖОБО Электр жана почта байланышы жаатындагы ишти лицензиялоо жөнүндө. № 746 токтомуна)

Law of the Kyrgyz Republic No. 31 on Electric Communication (КЫРГЫЗ РЕСПУБЛИКАСЫНЫН МЫЙЗАМЫ No. 31 Электр байланышы жөнүндө)
The Regulation on Licensing of Activities in the Field of Electric and Postal Communications governs the procedure for issuance, reissuance, suspension, renewal and cancellation of licenses for activities in the field of electronic communications. The regime is generally non-discriminatory although the licensing regime for Kyrgyztelecom Open Joint Stock Company (Kyrgyz Telecom OJSC) has some potentially restrictive obligations contained in Law No. 31 on Electric Communication. Art. 13 of this law designates Kyrgyz Telecom OJSC as a national telecommunications operator and provider of public telecommunications services and defines obligations and rights that Kyrgyz Telecom's licence must contain. Among these are the obligation to: (i) provide public telecommunications services to any person in any part of the Kyrgyz Republic where it is technically or economically possible and to justify the refusal or inability to provide services; (ii) develop a public telecommunications network; and (iii) manage national long-distance and international telecommunications services. The licence must also establish a procedure for regulating prices for the use of networks and services provided by Kyrgyz Telecom on an exclusive basis. While Kyrgyz Telecom is currently a state-owned enterprise, Art. 16 extends these obligations also to private entities that would participate in the privatisation of Kyrgyz Telecom or other public telecommunications network operator or public telecommunications service provider owned or controlled by the state.
Coverage Telecommunications sector

KYRGYZ REPUBLIC

Since April 1999

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
The Kyrgyz Republic has appended the World Trade organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

KYRGYZ REPUBLIC

Reported in 2018, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Reported nationality requirement for the members of the board of directors
It is reported that the government may impose investment-specific requirements including a minimum number of local seats on a board of directors, particularly for large investors. This is despite Art. 4 of Law No. 66 establishes that the Kyrgyz Republic shall not permit discrimination in respect of investors on the basis of their citizenship, nationality, language, sex, race, religion, place of their economic activity and country of origin of investors or investments.
Coverage Horizontal

KYRGYZ REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
The Ministry of Digital Development's Service for the Regulation and Supervision of the Communications Sector is the telecommunications authority of the Kyrgyz Republic. It is reported that its decision-making process is not independent of the government.
Coverage Telecommunications sector

KYRGYZ REPUBLIC

Reported in 2018, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Reported screening of investment
It is reported that the government may impose certain requirements to investment such as a high percentage of local workforce employment.
Coverage Horizontal

KYRGYZ REPUBLIC

Since March 2023, entry into force in April 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Law of the Kyrgyz Republic No. 69 on Patents (КЫРГЫЗ РЕСПУБЛИКАСЫНЫН МЫЙЗАМЫ 2023-жылдын 23-марты № 69 Патент мыйзамы)
According to Art. 25 of Law No. 69, patent applications must be submitted in the state or official language, which can be either Kyrgyz or Russian. Foreign applicants are permitted to file their applications in another language, provided they include a translation into one of the two official languages.
Coverage Horizontal
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[{"post_id":"84485"},{"post_id":"84486"},{"post_id":"84487"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

KYRGYZ REPUBLIC

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.96%
Coverage rate of zero-tariffs on ICT goods (%)
57.41%
Coverage: Digital goods

KYRGYZ REPUBLIC

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
The Kyrgyz Republic is a signatory of the World Trade organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

KYRGYZ REPUBLIC

Since April 2022, last amended in August 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law of the Kyrgyz Republic No. 27 on Public Procurement (№ 27 «Мамлекеттик сатып алуулар жөнүндө» Кыргыз Республикасынын Мыйзамы)
Art. 4.3 of Law No. 27 stipulates that, to safeguard the domestic market of the Kyrgyz Republic, foster national economic development, and support local producers, the Cabinet of Ministers may implement preferences for goods of Kyrgyz origin in public tenders. Additionally, the Cabinet has the authority to impose bans or restrictions on the admission of goods from foreign countries.
Coverage Horizontal

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