Intellectual property protection

 

“We all have to understand once and forever that the law must be observed all the time and not only when you find yourself pushed to the wall”.

V.V.Putin

 

PravUM offers a full range of services for your intellectual property protection. PravUM will use best efforts to ensure that the third parties observe your private right as the right-holder and will restore any infringed rights. We will help you to suppress any illegal acts and to bring the infringers to justice.

Содержание

1. Range of services on the IP protection

2. Liability for unlawful use of trademark

3. Liability for infringement of Patent

4. Liability for infringement of copyright and related rights

We prove to our principals and to unfair competitors and individuals who manufacture infringement products (pirates) that the law in Kyrgyz Republic works and liability for infringement of exceptional grants of the right-holders is inevitable.

Practical experience of our experts includes dozens of gained cases and court victories; arrests of finished product storages for unlawful use of trademarks and industrial designs; withdrawal of infringement products in stores and markets of the Republic and their elimination or transfer to the right-holder.

1. Range of services on the intellectual property protection at PravUM:

 

  1. Representation of the principal in the appeal board at the Kyrgyz Intellectual Property Office on the aspects of intellectual property protection.
  2.  

  3. Representation of the principal in the antimonopoly service in case of unfair competition.
  4.  

  5. The market monitoring to reveal the facts of unlawful use of the principal’s intellectual properties (trademarks, patents, copyright) by the third parties.
  6.  

  7. Assessment of damage caused to the right-holder by the infringement of rights.
  8.  

  9. Assistance and-or representation of the principal in procedure of consideration at the governmental executive bodies and the law enforcement bodies of the principal’s applications (appeals) against the unlawful use of the principal’s intellectual properties (trademarks, patents, copyright) by the third parties, and in the appealing of wrongful decisions taken by the above-mentioned bodies on the principal’s applications (appeals).
  10.  

  11. Representation of the principal in Courts of the Kyrgyz Republic on the aspects of protection of the principal’s intellectual properties.
  12.  

  13. Representation of the principal in negotiating with all and any legal entities and private individuals on the aspects of unlawful use of the principal’s intellectual property (trademarks, patents, copyright).

 

2. Liability for unlawful use of a trademark as provided by the law

 

Unlawful use of a trademark or designation similar to the trademark in terms of homogeneous goods entails civil, administrative or criminal liability:

I). Civil liability. For the protection of civil rights the holder of a trademark has the right to:

  1. To demand termination of unlawful use by the third parties of the holder’s trademark or designation similar to the trademark in terms of homogeneous goods;
  2. To claim the incurred loss (damage to goodwill, lost profit) from the infringer;
  3. To publish the court judgment for restoration of business reputation;
  4. To demand a removal from the product, its package, and the website of the unlawfully used trademark or designation similar to it up to a confusion extent;
  5. To demand elimination of the unlawfully manufactured labels, marks, signboards, and packages with the image of the trademark or designation similar to it up to a confusion extent;
  6. To demand arrest or elimination of the products towards which the trademark has been unlawfully applied.

II). Administrative liability. Unlawful use of a trademark entails Administrative liability in the form of administrative penalty from individuals in the amount from $105 to $210 USD, from officials – in the amount from $210 to $420 USD with confiscation of the false trademark products (part 1 clause 341 of the Administrative Code of KR).

 

III). Criminal liability. Unlawful use of a trademark, if this act has caused heavy damage to the right-holder (over $1112 USD) entails Criminal liability and a penalty in the amount from $445 to $890 USD or a triple aiyp (size of damage) or community services for the period from 180 to 240 hours (part 1 clause 191 of the Criminal Code of KR).

 

3. Liability for infringement of patent as provided by the law

 

Infringement of patent entails civil, administrative or criminal liability:

I). Civil liability. For the protection of civil rights the holder of patent has the right to:

  1. To demand termination of infringement of patent;
  2. To claim the incurred losses and damages from the infringer including the lost profit and compensation of moral damage; or
  3. To claim the income gained by the infringer instead of compensation for damages; or
  4. To claim from the infringer a compensation in the amount from 10 to 50000 minimum earnings as provided by the law of Kyrgyz Republic and set out at will of the court instead of the compensation for damages or income penalties;
  5. Withdrawal, to the benefit of the right-holder, of products being in business circulation or stored for this purpose and recognized as a patent infringement, and of means specifically intended for the patent infringement;
  6. To publish the court judgment for restoration of business reputation.

II). Administrative liability. Infringement of patent for invention, useful model or industrial design, or selective breeding results, and  the use of method protected by provisional patent or a patent for invention, or putting into practice or storage with this purpose of a product manufactured directly by the method protected by provisional  patent or a patent for invention entails administrative penalty from individuals in the amount from $64 to $106 USD, from officials in the amount from $106 to $210 USD with confiscation of the product containing the patented invention, useful model or industrial design, a product manufactured by the protected method, a device at functioning or operation of which the protected method is used automatically, and a counterfeit selective breeding result.

Recurrence of the above-stated actions within a year entails administrative penalty from individuals in the amount from $106 to $210 USD, from officials in the amount from $210 to $420 USD with confiscation of the product containing the patented invention, useful model or industrial design (clause 339 of the Administrative Code of KR).

III). Criminal liability. Unlawful use of invention, useful model or industrial design, a disclosure without sanction from the author or applicant of concept of the invention, useful model or industrial design before official publication of data on them, if these acts have caused heavy damage (over $1111 USD) or have gained large-scale income, entail the triple aiyp (size of damage) or penalty in the amount from $1556 to $3333 USD or imprisonment for the period up to three years with deprivation of the right to hold  certain posts or be engaged in certain activities for the period up to three years or with no deprivation.

The above-mentioned acts committed by a group of individuals under previous concert or by an organized criminal group, or with the cause of a large-scale damage (over $2222 USD), or for the gain of large-scale income are penalized by:

• Triple aiyp (size of damage) with deprivation of the right to hold certain posts or be engaged in certain activities for the period up to 3 years; or

• Penalty in the amount from $3333 to $6666 USD or imprisonment for the period from 3 to 5 years with deprivation of the right to hold certain posts or be engaged in certain activities for the period up to 3 years (clause 150 of the Criminal Code of KR).

 

4. Liability for infringement of copyright and related rights as provided by the law

 

Infringement of copyright entails civil, administrative or criminal liability:

I). Civil liability.For the protection of civil rights the holder of copyright and related rights has the right to:

  1. To demand recognition of rights;
  2. To demand restoration of the position which existed prior to infringement of the right;
  3. To demand suppression of actions which violate the right or create a threat of violation;
  4. To claim, at own option, compensation of losses caused by the infringement; or
  5. To claim the income gained by the infringer as a result of infringement of copyright and related rights instead of  compensation for damages; or
  6. To claim from the infringer a compensation in the amount from 20 to 50000 minimum earnings as provided by the law of Kyrgyz Republic and set out at will of the court instead of the compensation for damages or income penalties.

Counterfeit copies of products or sound records are subject to compulsory confiscation followed either by elimination or transfer to the holder of copyright of related rights. Also, the materials and equipment used for manufacturing and reproduction of counterfeit copies of products or sound records are subject to confiscations.

 

II). Administrative liability. Manufacturing, purchase, storage, sale, hire or other commercial unlawful use of copies of products or sound records entails administrative penalty from individuals in the amount from $64 to $106 USD, from officials in the amount from $106 to $210 USD with confiscation of counterfeit copies of products or sound records. Recurrence within a year entails administrative penalty from individuals in the amount from $106 to $210 USD, from officials in the amount $210 to $420 USD (clause 340 of the Administrative Code of KR).

 

III). Criminal liability. Unlawful use of copyright or related rights, as well as purchase, storage, transfer or manufacturing of  counterfeit copies of products or (and) sound records, software or database for sale purposes, if these acts have caused heavy damage (over $1111 USD) or have gained large-scale income, entail the triple aiyp (size of damage) or penalty in the amount from $1555 to $3333 USD or imprisonment for the period up to three years with deprivation of the right to hold  certain posts or be engaged in certain activities for the period up to three years or with no deprivation.

The above-mentioned acts committed by a group of individuals under previous concert or by an organized criminal group, or with the cause of a large-scale damage (over $2222 USD), or for the gain of large-scale income are penalized by:

• Triple aiyp (size of damage) with deprivation of the right to hold certain posts or be engaged in certain activities for the period up to 3 years; or

• Penalty in the amount from $3333 to $6666 USD or imprisonment for the period from 3 to 5 years with deprivation of the right to hold certain posts or be engaged in certain activities for the period up to 3 years (clause 150 of the Criminal Code of KR).

 

Welcome , today is Tuesday, 21.08.2018