Kyrgyzstan

[KG] Provisional Regulations on the Protection of Copyright and Neighbouring Rights

IRIS 1997-8:1/24

Andrei Richter

Comenius University (Bratislava)

In the absence of a Copyright Act (which is still under consideration by the national Parliament), the government of Kyrgyzstan adopted `Provisional Regulations on Copyright and Neighbouring Rights'. The structure and text of the Regulations to a high degree follow the structure and text of the Russian Copyright Act of 1993 as amended in 1995. One of the few exceptions to that is a chapter (Chapter X) on the governmental regulatory department in the copyright sphere - Kyrgyzpatent. The State body has been given wide powers to control users of copyrighted materials, performers, owners of concert halls, etc. Although its decisions can be appealed in the Appeals Council of the same State department, they can only be appealed in court of justice when the Appeals Council upholds its previous decisions. Independent copyright agencies are allowed to exist but they are to report to Kyrgyzpatent on their programme and financial activity.

The text of the Regulations was never publicly and officially disseminated but sent to a closed list of official recipients.