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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2018 No. 1316

About approval of Rules of carrying out certification of candidates for patent agents, registration in the register of patent agents and entering of changes into it

According to Item 1 of article 22-4 of the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements", Item 1 of article 36 of the Law of the Republic of Kazakhstan of July 16, 1999 "The patent law of the Republic of Kazakhstan", Item 1 of article 46 of the Law of the Republic of Kazakhstan of July 26, 1999 "About trademarks, service marks and names of places of goods origin" and Item 1 of article 15 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 carrying out certification of candidates for patent agents, registration in the register of patent agents and entering of changes into it.

2. To provide to department on intellectual property rights in the procedure established by the legislation:

1) state registration of this order;

2) within ten calendar days from the date of state registration of this order 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" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

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 28, 2018 No. 1316

Rules of carrying out certification of candidates for patent agents, registration in the register of patent agents and entering of changes into it

Chapter 1. General provisions

1. Rules of carrying out certification of candidates for patent agents, registration in the register of patent agents and entering of changes into it (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements", the Law of the Republic of Kazakhstan of July 16, 1999 "The patent law of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan of July 26, 1999 "About trademarks, service marks and names of places of goods origin", the Law of the Republic of Kazakhstan of June 29, 2001 "About legal protection of topology of integrated chips" and determine procedure for carrying out certification of candidates for patent agents, registration in the register of patent agents and entering of changes into it.

2. In these rules the following concepts and terms are used:

1) Certifying commission - Certifying commission of the Ministry of Justice of the Republic of Kazakhstan;

2) the candidate - person applying for the occupation right activities of the patent agent;

3) the patent agent - the capable citizen of the Republic of Kazakhstan who is constantly living in its territory, having the higher education and the working life at least four years which underwent certification and registered in the register of patent agents;

4) Register - Register of patent agents of the Republic of Kazakhstan;

5) authorized body - Ministry of Justice of the Republic of Kazakhstan.

3. Certification of candidates for patent agents is carried out by Certifying commission. Certification is carried out within 7 working days of the last month of the corresponding half-year.

4. Certification of candidates for patent agents is performed in the form of testing for knowledge of the legislation of the Republic of Kazakhstan in the sphere of protection of intellectual property items.

Chapter 2. Procedure for carrying out certification of candidates for patent agents, registration in the register of patent agents and entering of changes into it

Paragraph 1. Documents acceptance

5. For certification passing the candidate directs the following documents through the web portal of "the electronic government":

1) the statement for the admission to certification of the candidate for the patent agent certified by the EDS in the state or Russian languages for form according to appendix 1 to these rules;

2) data for passing of certification of candidates for patent agents in form according to appendix 2 to these rules;

3) the electronic copy of the document confirming labor activity with length of service at least four years;

4) the electronic references from judicial and narcological and psychiatric division issued on the candidate's residence not earlier than before month before their submission to authorized body with indication of data across all Republic of Kazakhstan;

5) the electronic copy of the document confirming payment of the state fee for certification of patent agents, except as specified payments through payment gateway of "the electronic government" (further - PShEP).

The data specified in appendix of 2 these rules are verified with the originals of documents represented by candidates in case of appearance for testing certification.

In case of inadequate registration or provision of incomplete document package through the web portal of "the electronic government" the authorized body within two working days from the date of their receipt gives written motivated refusal in further review of the statement.

The refusal in the admission to certification can be appealed in court.

6. Are not allowed to certification of candidates for patent agents of person:

1) which according to the laws of the Republic of Kazakhstan are forbidden to be engaged in business activity;

2) being the staff of authorized body and its subordinated organizations, and also their close relatives, the spouse (spouse);

3) having the outstanding or not removed in the procedure established by the law criminal record for crime execution;

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