Date of publication:

01/08/2026

Kyrgyzstan

Do domestic laws and policies protect intellectual property rights for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The laws and policies of the Kyrgyz Republic ensure the protection of intellectual property rights in accordance with national legislation and international obligations. The Civil Code of the Kyrgyz Republic and other regulations clearly define intellectual property objects and mechanisms for their protection. 

According to Article 1037 of the Civil Code of the Kyrgyz Republic Part II of January 5, 1998 № 1, intellectual property objects include the results of intellectual activity (works of science, literature and art; computer programs; inventions, etc.) and means of individualization of participants in civil circulation, goods, works and services (trade names, trademarks, etc.). In addition, this category includes undisclosed information (trade secrets) and other objects provided for by law. 

Copyright is regulated by the Law of the Kyrgyz Republic "On Copyright and Related Rights" of January 14, 1998 № 6. Article 5 of this law states that copyright applies to works made public or located in objective form on the territory of the Kyrgyz Republic, regardless of the citizenship of the author. This indicates that the rights of authors are protected for both citizens of the Kyrgyz Republic and foreigners, including asylum seekers and refugees. 

According to paragraph 4 of the Rules for drafting, filing and considering an application for registration of a copyright object and an object of related rights, approved by the Government of the Kyrgyz Republic of November 29, 2011 №748, authors of works, as well as their successors, have the right to file an application for registration of a copyright object. It is important to note that the legislation does not impose additional requirements on the civil status of the applicant. This means that both citizens of the Kyrgyz Republic and foreigners, asylum seekers and refugees residing in the territory of the Kyrgyz Republic can file an application. The only mandatory requirement is the availability of an identity document of the applicant. Thus, if the applicant has a valid identity document, he can apply to Kyrgyzpatent regardless of his citizenship or status. However, it should be taken into account that asylum seekers have a temporary status until a final decision is made on their application for refugee status. This may create certain barriers when applying to Kyrgyzpatent. 

Thus, the legislation of the Kyrgyz Republic demonstrates commitment to the principles of equal protection of intellectual property rights for all persons located on its territory. This creates favorable conditions for the protection of copyright, stimulates the development of creativity and innovation, and also complies with international standards in the field of intellectual property. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Rules for drafting, filing and considering an application for registration of a copyright object and related rights

    Legal provision

    The Rules for drafting, filing and considering an application for registration of a copyright object and an object of related rights - Generic

    The Rules for drafting, filing and considering an application for registration of a copyright object and an object of related rights - Generic

    The Law of the Kyrgyz Republic On Copyright and Related Rights

    Legal provision

    Article 5. Scope of Copyright

    Article 5. Scope of Copyright 1. In accordance with this Law, copyright extends to: works published on the territory of the Kyrgyz Republic or not published, but located in some objective form on the territory of the Kyrgyz Republic, and are recognized as belonging to the authors (their successors) regardless of their citizenship; works published outside the territory of the Kyrgyz Republic or not published, but located in some objective form outside the territory of the Kyrgyz Republic, and are recognized as belonging to the authors who are citizens of the Kyrgyz Republic (their successors); on works published outside the territory of the Kyrgyz Republic or not published, but located in any objective form outside the territory of the Kyrgyz Republic, and recognized on the territory of the Kyrgyz Republic for authors (their successors) - citizens of other states in accordance with international treaties that have entered into force in the manner prescribed by law, to which the Kyrgyz Republic is a party; on any computer programs and databases, both published and not published, presented in objective form, regardless of their material carrier, purpose and merit. 2. A work is also considered to be first published in the Kyrgyz Republic if, within 30 days after the date of first publication outside the Kyrgyz Republic, it was published on the territory of the Kyrgyz Republic. 3. When providing protection to a work on the territory of the Kyrgyz Republic in accordance with international treaties of the Kyrgyz Republic, the author of the work is determined by the law of the state on the territory of which the legal fact took place that served as the basis for the possession of copyright.

    The Civil Code of the Kyrgyz Republic Part II

    Legal provision

    Article 1037. Intellectual Property Objects

    Article 1037. Intellectual Property Objects Intellectual property objects include: 1) results of intellectual activity: works of science, literature and art; performances, phonograms and broadcasts of a broadcasting organization; programs for electronic computers and databases; topologies of integrated circuits; inventions, utility models, industrial designs; selection achievements; undisclosed information (trade secrets), including production secrets; 2) means of individualization of participants in civil circulation, goods, works and services: company names; trademarks (service marks); appellations of origin of goods; geographical indications; 3) other results of intellectual activity and means of individualization of participants in civil circulation, goods, works and services in cases stipulated by this Code or other laws.