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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2018 No. 1317

About approval of Rules of consideration by appeal council of objections

According to Item 2 of article 3-1 of the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements", 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", the subitem 2) Item 2 of article 3 of the Law of the Republic of Kazakhstan of July 26, 1999 "About trademarks, service marks and names of places of goods origin" and 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 consideration by appeal council of objections.

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

M. Beketayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 28, 2018 No. 1317

Rules of consideration by appeal council of objections

Chapter 1. General provisions

1. Rules of consideration by appeal council of objections (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements" (further - the Law on selection achievements), the Law of the Republic of Kazakhstan of July 16, 1999 "The patent law of the Republic of Kazakhstan" (further - the Patent law), the Law of the Republic of Kazakhstan of July 26, 1999 "About trademarks, service marks and names of places of goods origin" (further - the Law on trademarks), the Law of the Republic of Kazakhstan of June 29, 2001 "About legal protection of topology of integrated chips" (further - the Law on integrated chips) and determine procedure for consideration by appeal council of objections.

2. In Rules the following concepts are used:

1) Appeal council - collegiate organ under the Ministry of Justice of the Republic of Kazakhstan;

2) security documents - the documents (patents for inventions, industrial designs, useful models, patents for selection achievements, certificates for trademarks, service marks, names of places of goods origin) issued according to the laws of the Republic of Kazakhstan in the field of intellectual property;

3) Madrid agreement - The Madrid agreement on the international registration of signs of April 14, 1891;

4) the protocol to the Madrid agreement - the protocol to the Madrid agreement on the international registration of signs of June 28, 1989;

5) objects of industrial property - the invention, useful models, industrial designs, trademarks and service marks, names of places of goods origin, selection achievements;

6) the applicant - person who gave objection to Appeal council;

7) 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;

8) expert organization - The republican state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan;

9) the parties - the physical and (or) legal entities participating in consideration of objections in Appeal council;

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

Chapter 2. Procedure for consideration by appeal council of objections

Paragraph 1. Giving of objections

3. In Appeal council the following objections move:

1) on decisions of the expert organization on refusal in registration of the trademark, including refusal in provision of legal protection to the trademark declared according to Items 1 and 2 of article 5 of the Protocol to the Madrid agreement;

2) on decisions of the expert organization on refusal in registration and (or) provision of right to use by the name of the place of goods origin;

3) against registration of the trademark, including according to Item 6 of article 5 of the Protocol to the Madrid agreement;

4) against registration and (or) provision of right to use by the name of the place of goods origin;

5) on decisions of the expert organization on patent refusal on object of industrial property;

6) on decisions of the expert organization on refusal in consideration of the request for patent grant on selection achievement;

7) on decisions of the expert organization on patent refusal on selection achievement.

4. Registration of the trademark can be challenged and acknowledged invalid fully or partially during all effective period if it was performed in defiance of the requirements established by Articles 6 and 7, except for of subitems 1), 2) and 3) of Item 1 of Article 7, of the Law on trademarks or within five years from registration date of the trademark if it was performed in defiance of the requirements established by subitems 1), 2) and 3) of Item 1 of article 7 of the Law on trademarks. The objection against registration of the trademark on the bases specified in this Item gives to Appeal council any interested person.

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