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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2018 No. 1319

About approval of the Regulations on certifying commission

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", 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", 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 Regulations on certifying commission.

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. 1319

Regulations on certifying commission

Chapter 1. General provisions

1. The regulations on certifying commission (further - the Provision) 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 activities of the commission on carrying out certification (further - the Commission).

2. In the Provision the following concepts are used:

1) certifying commission - Certifying commission of authorized body;

2) 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;

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

3. The number of members of the commission is odd and consists of at least five employees and the expert organization.

The structure of the Commission affirms the order of the Minister of Justice of the Republic of Kazakhstan or replacement his face.

Commission sessions are considered competent if at them there are at least 2/3 of her members.

4. Commission chairman is the Vice-Minister of Justice of the Republic of Kazakhstan.

During absence of the commission chairman of its function the vice-chairman of the Commission carries out.

5. Tasks of the Commission are carrying out certification of candidates for patent agents, and also ensuring openness and publicity of meeting.

Chapter 2. Powers of the Commission

6. Commission chairman:

1) performs the common directorship of activities of the Commission;

2) plans work of the Commission;

3) presides over commission sessions.

7. Members of the commission:

1) get acquainted with the submitted documents for certification and results of testing;

2) consider the questions which are subject to permission on commission session according to the legislation of the Republic of Kazakhstan in the sphere of intellectual property.

8. Secretary of the Commission:

1) notifies members of the commission on date and the venue of commission session;

2) performs preparation of materials for carrying out commission session, draws up the protocol by results of certification;

3) is not member of the commission.

9. Commission sessions are held as required.

10. Certifying commission legal decision:

1) is stopped by activities of the patent agent:

based on the application of the patent agent submitted to certifying commission;

for reference to persons who according to the laws of the Republic of Kazakhstan are forbidden to be engaged in business activity, including to the staff of authorized body and its subordinated organizations;

for the purpose of clarification of the circumstances provided by the Law on selection achievements, the Patent law, the Law on trademarks and the Law on integrated chips. At the same time activities of the patent agent stop before adoption of the relevant decision by certifying commission within three months.

Activities of the patent agent are resumed the legal solution of certifying commission in case of elimination of the bases which served to suspension of its activities;

Excludes 2) from the register of the patent agent:

based on the application in person submitted to certifying commission;

in case of the termination of nationality of the Republic of Kazakhstan or in case of departure on the permanent residence out of limits of the Republic of Kazakhstan;

in case of break in professional activity of the patent agent more than five years;

in case of entry into force of conviction of court by which the patent agent is condemned for crime execution;

in case of the death of the patent agent or its recognition it is unknown absent or announcements the dead;

in case of recognition of the patent agent incapacitated or it is limited by capable.

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