Kyrgyzstan Country Commercial Guide
Learn about the market conditions, opportunities, regulations, and business conditions in kyrgyzstan, prepared by at U.S. Embassies worldwide by Commerce Department, State Department and other U.S. agencies’ professionals
Kyrgyz Republic - Protecting Intellectual Property
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Intellectual property (IP) may be a company’s most valuable asset, so companies considering export of products or services should take steps to protect their IP assets. Registration of IP in the United States does not necessarily provide protection in other countries. Granting patents is based on a first-to-file (or first-to-invent, depending on the country), first-in-right basis. Similarly, registering trademarks is based on a first-to-file (or first-to-use, depending on the country), first-in-right basis, so investors should consider how to protect their patents, trademarks, and other IP assets before introducing products or services to the local market.

It is vital that companies understand that intellectual property is a private right and that the U.S. government cannot enforce rights for private individuals in the Kyrgyz Republic. It is the responsibility of the rights-holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in national law. The U.S. Commercial Service can provide a list of local lawyers upon request. The U.S. Embassy in Bishkek maintains a list of lawyers for the convenience of American citizens abroad. Additional resources, including information on how to protect and enforce IP rights in foreign jurisdictions, can be found on the United States Patent and Trademark Office website.

While the U.S. government stands ready to assist, there is little to be done if the rights-holders have not taken these fundamental steps necessary to securing and enforcing their IP rights in a timely fashion. In no instance should U.S. government advice be seen as a substitute for the responsibility of a rights-holder to promptly pursue its case. In many cases international firms have successfully utilized Kyrgyz law  to address IPR violations. For more information about IP protection in the Kyrgyz Republic please visit the Kyrgyz State Service of Intellectual Property and Innovation website (http://patent.gov.kg/).

It is always advisable to conduct due diligence on potential business partners. A good partner is an important ally in protecting IP rights. Potential investors should consider carefully, however, whether to entrust registration of IP rights to a partner. Doing so may create a risk that the partner will list itself as the IP owner and fail to transfer the rights should the partnership end. Projects and sales in the Kyrgyz Republic require constant attention.

It is also recommended that small and medium-size companies understand the importance of working together with trade associations and organizations to support efforts to protect IP and stop counterfeiting. There are a number of these organizations, both Kyrgyz Republic and U.S.-based. These include:

  • The U.S. Chamber and local American Chambers of Commerce
  • National Association of Manufacturers (NAM)
  • International Intellectual Property Alliance (IIPA)
  • International Trademark Association (INTA)
  • The Coalition Against Counterfeiting and Piracy
  • International Anti-Counterfeiting Coalition (IACC)
  • Pharmaceutical Research and Manufacturers of America (PhRMA)
  • Biotechnology Industry Organization (BIO)
  • React, the Anti-Counterfeiting Network: https://www.react.org/

In any foreign market companies should consider several general principles for effective protection of their intellectual property. For background, please see our article on Protecting Intellectual Property and Stopfakes.gov or contact ITA’s Office of Intellectual Property Rights Director, Stevan Mitchell at Stevan.Mitchell@trade.gov or the IP Attache for Central Asia, Dorian Mazurkevich (dorian.mazurkevich@trade.gov).

Please see the State Department’s Investment Climate Statement for more information on the investment and business environment.

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Global Business Navigator Chatbot Beta

Welcome to the Global Business Navigator, an artificial intelligence (AI) Chatbot from the International Trade Administration (ITA). This tool, currently in beta version testing, is designed to provide general information on the exporting process and the resources available to assist new and experienced U.S. exporters. The Chatbot, developed using Microsoft’s Azure AI services, is trained on ITA’s export-related content and aims to quickly get users the information they need. The Chatbot is intended to make the benefits of exporting more accessible by understanding non-expert language, idiomatic expressions, and foreign languages.

Limitations

As a beta product, the Chatbot is currently being tested and its responses may occasionally produce inaccurate or incomplete information. The Chatbot is trained to decline out of scope or inappropriate requests. The Chatbot’s knowledge is limited to the public information on the Export Solutions web pages of Trade.gov, which covers a wide range of topics on exporting. While it cannot provide responses specific to a company’s product or a specific foreign market, its reference pages will guide you to other relevant government resources and market research. Always double-check the Chatbot’s responses using the provided references or by visiting the Export Solutions web pages on Trade.gov. Do not use its responses as legal or professional advice. Inaccurate advice from the Chatbot would not be a defense to violating any export rules or regulations.

Privacy

The Chatbot does not collect information about users and does not use the contents of users’ chat history to learn new information. All feedback is anonymous. Please do not enter personally identifiable information (PII), sensitive, or proprietary information into the Chatbot. Your conversations will not be connected to other interactions or accounts with ITA. Conversations with the Chatbot may be reviewed to help ITA improve the tool and address harmful, illegal, or otherwise inappropriate questions.

Translation

The Chatbot supports a wide range of languages. Because the Chatbot is trained in English and responses are translated, you should verify the translation. For example, the Chatbot may have difficulty with acronyms, abbreviations, and nuances in a language other than English.

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