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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1344

About approval of Rules of registration in the State register of topology of integrated chips of transfer of exclusive right, provision of the right to use topology

According to the subitem 2) article 4 of the Law of the Republic of Kazakhstan of June 29, 2001 "About legal protection of topology of integrated chips" PRIKAZYVAYU:

1. Approve the enclosed Rules of registration in the State register of topology of integrated chips of transfer of exclusive right, provision of the right to use topology.

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

M. Beketayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1344

Rules of registration in the State register of topology of integrated chips of transfer of exclusive right, provision of the right to use topology

Chapter 1. General provisions

1. These rules of registration in the State register of topology of integrated chips of transfer of exclusive right, provision of the right to use topology (further - Rules) are developed according to the subitem 2) of article 4 of the Law of the Republic of Kazakhstan of June 29, 2001 "About legal protection of topology of integrated chips" (further - the Law) and determine order of registration in the State register of topology of integrated chips of transfer of exclusive right, provision of the right to use topology.

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

1) the bulletin - the official periodical concerning protection of topology of integrated chips;

2) topology of integrated chip (further - topology) - the spatial and geometrical arrangement of set of elements of integrated chip and communications fixed on the material carrier between them;

3) the sublicense agreement - the agreement on provision by the licensee to other person (sublicensee) of the non-exclusive license on right to use of topology;

4) the owner - the author, his heir, and also any physical person or legal entity which has the exclusive right acquired by law or agreements;

5) the license agreement - the agreement under which the owner (licensor) grants to other party (licensee) the right temporarily to use topology by certain method;

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

7) 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;

8) 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;

9) exclusive right on topology - property right of the owner to use topology in any manner at discretion;

10) authorized body - the central executive body performing within the powers management in the sphere of legal protection of topology of integrated chips.

Chapter 2. Order of registration of transfer of exclusive right or provision of the right to use topology

3. For registration of transfer of exclusive right for use of topology 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 topology;

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