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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1346

About approval of Rules of registration in the State register of selection achievements of transfer of exclusive right, provision of the right to use selection achievement, the open or compulsory license

According to the subitem 2) Item 2 of article 3-1 of the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements" PRIKAZYVAYU:

1. Approve the enclosed Rules of registration in the State register of selection achievements of transfer of exclusive right, provision of the right to use selection achievement, 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. 1346

Rules of registration in the State register of selection achievements of transfer of exclusive right, provision of the right to use selection achievement, the open or compulsory license

Chapter 1. General provisions

1. These rules of registration in the State register of selection achievements of transfer of exclusive right, provision of the right to use selection achievement, the open or compulsory license (further - Rules) are developed according to the subitem 2) of Item 2 of article 3-1 of the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements" (further - the Law) and determine order of registration in the State register of selection achievements of transfer of exclusive right, provision of the right to use selection achievement, the open or compulsory license.

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

1) exclusive right - to use property right of the patentee selection achievement in any manner at discretion;

2) the bulletin - the official periodical concerning protection of selection achievements;

3) the applicant - physical person or legal entity which submitted the application for patent grant for selection achievement;

4) the patentee - the owner of the patent;

5) 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;

6) the expert organization - the organization created according to article 3-2 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;

7) selection achievement - the new grade of plant, new breed of animal which are result of creative activities of the person on which the patent is granted;

8) The state register of selection achievements - the State register of the Republic of Kazakhstan of the protected plant varieties and the State register of the Republic of Kazakhstan of the protected breeds of animals which include grades, breeds on which patents are granted;

9) authorized body - the state body determined by the Government of the Republic of Kazakhstan and performing state regulation in the field of protection of selection achievements.

Chapter 2. Order of registration of transfer of exclusive right, provision of the right to use selection achievement

3. For registration of transfer of exclusive right for selection achievement 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:

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Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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