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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2018 No. 1313

About approval of Rules of provision of statements from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks and names of places of goods origin, topology of integrated chips

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 Rules of provision of statements from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks and names of places of goods origin, topology of integrated chips.

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 its direction 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. 1313

Rules of provision of statements from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks and names of places of goods origin, topology of integrated chips

Chapter 1. General provisions

1. These rules of provision of statements from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks and names of places of goods origin, topology of integrated chips (further - Rules) are developed according to the laws of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements", of July 16, 1999 "The patent law of the Republic of Kazakhstan", of July 26, 1999 "About trademarks, service marks and names of places of goods origin" (further - the Law), of June 29, 2001 "About legal protection of topology of integrated chips" and determine procedure for provision of statements from the State register of selection achievements, the State register of inventions, the State register of useful models, the State register of industrial designs, the State register of trademarks, names of places of goods origin, The state register of topology of integrated chips of the Republic of Kazakhstan (further - the State registers).

2. In Rules the following basic concepts and reducings are used:

1) State register of topology of integrated chips - The state register of the registered topology of integrated chips;

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

3) State register of industrial designs - The state register of the registered industrial designs;

4) State register of inventions - The state register of the registered inventions;

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

6) MKPO - International classification of industrial designs;

7) State register of useful models - The state register of the registered useful models;

8) 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;

9) the patentee - the owner of the patent or security document;

10) 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;

11) State register of trademarks - State register of registered trade marks;

12) the owner (owner) of the trademark or the owner of right to use by the name of the place of goods origin - the physical person or legal entity having exclusive right on the trademark or exclusive right of use of the name of the place of goods origin according to the Law;

13) State register of names of places of goods origin - The state register of the registered names of places of goods origin;

14) authorized body - Ministry of Justice of the Republic of Kazakhstan;

15) MPK - International patent classification.

Chapter 2. Procedure for provision of statements from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks and names of places of goods origin, topology of integrated chips

3. Statements from the State registers are provided by the Republican state company on the right of economic maintaining "National institute of intellectual property" (further - the expert organization).

For receipt of statements the applicant needs to provide to the expert organization the petition for provision of the statement from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks and names of places of goods origin, topology of integrated chips according to appendix 1 to these rules with indication of the following data:

1) type of intellectual property item;

2) number of registration or number of the patent;

3) document on payment for services of the expert organization.

4. The term of consideration of the petition for provision of the statement from the State register constitutes 5 (five) working days.

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