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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1347

About approval of Rules of registration in the corresponding state registers of transfer of exclusive right, provision of the right to use object of industrial property, the open or compulsory license

According to the subitem 2) Item 2 of article 4 of the Law of the Republic of Kazakhstan of July 16, 1999 "the Patent Law of the Republic of Kazakhstan" of PRIKAZYVAYU:

1. Approve the enclosed Rules of registration in the corresponding state registers of transfer of exclusive right, provision of the right to use object of industrial property, the open or compulsory license.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising Vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Justice of the Republic of Kazakhstan

M. Beketayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1347

Rules of registration in the corresponding state registers of transfer of exclusive right, provision of the right to use object of industrial property, the open or compulsory license

Chapter 1. General provisions

1. These rules of registration in the State register of inventions, the State register of useful models, the State register of industrial designs of transfer of exclusive right, provision of the right to use object of industrial property, the open or compulsory license (dalee-Pravila) are developed according to the subitem 2) of Item 2 of article 4 of the Law of the Republic of Kazakhstan of July 16, 1999 "the Patent Law of the Republic of Kazakhstan" (further - the Law) and determine order of registration in the State register of inventions, the State register of useful models, the State register of industrial designs of transfer of exclusive right, provision of the right to use object of industrial property, the open or compulsory license.

2. In these rules the following basic concepts are used:

1) exclusive right - property right of the patentee on use of object of industrial property in any manner at discretion;

2) the bulletin - the official periodical concerning protection of objects of industrial property;

3) objects of industrial property - the invention, useful models and industrial designs;

4) the applicant - the physical person or legal entity which submitted the application;

5) the patentee - the owner of the security document;

6) patent agents are citizens of the Republic of Kazakhstan who according to the legislation of the Republic of Kazakhstan are granted the right to representative office of physical persons and legal entities before authorized body and the expert organization;

7) the expert organization - the organization created according to article 4-1 of the Law according to the decision of the Government of the Republic of Kazakhstan in form of business of the republican state company on the right of economic maintaining subordinated in the activities to authorized body.

Chapter 2. Order of registration of transfer of exclusive right, provision of the right to use object of industrial property

3. For registration of transfer of exclusive right for object of industrial property by the applicant to the expert organization the application for registration of transfer of exclusive right under the contract of assignment in form according to appendix 1 or about registration of transfer of exclusive right under the agreement of partial concession in form according to appendix 2 to these rules is submitted.

4. Are enclosed to the application:

1) the copy of the power of attorney, in case of filing of application through the representative;

2) the document confirming fee of the expert organization for registration of transfer of exclusive right for object of industrial property;

3) contract on transfer of exclusive right for object of industrial property or notarized copy of the agreement.

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