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 familiarize 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 legalization (laundering) of criminal proceeds.
Nevertheless, Art. 11.3 and Art. 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 reasoned decision of the investigator. Officials of these bodies shall be held liable as provided by law for disclosing information constituting a commercial secret of an economic entity.
Nevertheless, Art. 11.3 and Art. 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 reasoned decision of the investigator. 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 effective protection of trade secrets.
Coverage Horizontal
KYRGYZ REPUBLIC
Reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of effective enforcement of copyright
It is reported that IPR enforcement is lax and there have been no successful prosecution for IPR violations in the history of the Kyrgyz Republic. It is also reported that the judicial system remains underdeveloped and lacks independence and the appeals process can be lengthy.
Coverage Horizontal
KYRGYZ REPUBLIC
Since September 1998, entry into force in March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Kyrgyz Republic has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
KYRGYZ REPUBLIC
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
The Kyrgyz Republic is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes. It should be noted that this treaty was signed in 1970, at a time when the Kyrgyz Republic was part of the Soviet Union. In 1994, the Kyrgyz Republic issued a declaration of continued application and the date of entry into force assigned was the date of independence, which is December 1991.
Coverage Horizontal
KYRGYZ REPUBLIC
Since January 1998, as amended in March 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law of the Kyrgyz Republic No. 6 of 14 January 1998, on Copyright and Related Rights (КЫРГЫЗ РЕСПУБЛИКАСЫНЫН МЫЙЗАМЫ 1998-жылдын 14-январы № 6 Автордук жана чектеш укуктар жөнүндө)
The Kyrgyz Republic has a copyright regime under the Law No. 6. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 18-25 list the exceptions, which include use of a work for educational purposes and by persons with print disabilities, use by libraries, archives and educational establishments, limitations and exceptions regarding accessible format copies, among others.
Coverage Horizontal
KYRGYZ REPUBLIC
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)
Art. 25.2 of Law No. 69 provides that the patent application shall be filed in the state or official language, that is Kyrgyz or Russian. Foreign applicants may file the application in another language by attaching a translation into one of the two languages.
Coverage Horizontal
KYRGYZ REPUBLIC
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
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Report on limitations on public procurement for foreign bidders
While procurement of goods and services for projects financed by international donors is announced through common international channels of tender information, it is reported that some government actions occur outside of regularized procurement channels. In some cases, tenders are announced only one or two days prior to the bidding deadline. In such instances, it is reported that insider knowledge provides advantages to well-connected companies. Foreign firms bidding on government tenders may need to provide notarized documents translated into Russian, and in some instances hard copies are required.
Coverage Horizontal
KYRGYZ REPUBLIC
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
The Kyrgyz Republic is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, it has observer status since October 1999.
Coverage Horizontal
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 the Law No. 27 establishes that, in order to protect the domestic market of the Kyrgyz Republic, develop the national economy, and support commodity producers in the country, the Cabinet of Ministers may establish in public tenders preferences for goods of Kyrgyz origin and bans or restrictions on the admission of goods originating from foreign countries.
Coverage Horizontal
KYRGYZ REPUBLIC
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the 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
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Reported foreign bidders exclusions in public procurement
It is reported that there are three types of procurement of goods and services, and foreign companies can participate only in one type, called "Unlimited Bidding". This is despite Art. 4 of the Law of the Kyrgyz Republic No. 27 on Public Procurement provides that, in the conduct of public procurement, national treatment applies to goods originating from foreign countries, works, services, respectively executed and rendered by foreign suppliers on equal terms with goods of national origin.
Coverage Horizontal
KYRGYZ REPUBLIC
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.96%
Coverage rate of zero-tariffs on ICT goods (%)
57.40%
Coverage: Digital goods