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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1348

About approval of Rules of publication in the bulletin of the data relating to registration of selection achievements, objects of industrial property, trademarks and names of places of goods origin about the registered topology

According to the subitem 3) Item 2 of article 3-1 of the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements", with subitems 3) to Items 2 of article 4 of the Law of the Republic of Kazakhstan of July 16, 1999 "The patent law of the Republic of Kazakhstan", with the subitem 3) 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", with the subitem 3) 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 Rules of publication in the bulletin of data of the selection achievements relating to registration, objects of industrial property, trademarks and names of places of goods origin, about the registered topology according to appendix to this order.

2. To provide to department on intellectual property rights of the Ministry of Justice 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 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 official 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

Appendix

to the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1348

Rules of publication in the bulletin of the data relating to registration of selection achievements, objects of industrial property, trademarks and names of places of goods origin about the registered topology

Chapter 1. General provisions

1. Rules of publication in the bulletin of the data relating to registration of selection achievements, objects of industrial property, trademarks and names of places of goods origin about the registered topology (further - Rules) are developed according to the laws of the Republic of Kazakhstan of July 16, 1999 "the Patent Law of the Republic of Kazakhstan" (further - the Patent law), of July 26, 1999 "About trademarks, service marks and names of places of goods origin" (further - the Law on trademarks), of July 13, 1999 "About protection of selection achievements", of June 29, 2001 "About legal protection of topology of integrated chips" and determine procedure for publication in the bulletin "Onerkesip menshigi — the Industrial Property" (further - the Bulletin) the data relating to registration of selection achievements, objects of industrial property, trademarks and names of places of goods origin and also about the registered topology.

2. In Rules the following concepts are used:

1) the State registers - the register of the registered objects of industrial property, selection achievements, trademarks, names of places goods origin, topology of integrated chips;

2) the trademark, service mark (further - the trademark) - the designation registered according to the Law on trademarks, or protected without registration owing to international treaties in which the Republic of Kazakhstan participates, serving for difference of goods (services) of one legal entities or physical person from uniform goods (services) of other legal entities or physical persons;

3) the name of the place of goods origin - the designation which is representing or containing the name of the country, region, settlement, area or other geographical specifying, and also the specifying derivative of such name and became known as a result of its use in respect of goods, special characteristics, qualities, reputation or other characteristics of which are connected mainly with its geographical origin, including characteristic environment and (or) human factors;

4) the well-known trademark - the designation used as the trademark, or the trademark recognized well-known by the decision of authorized body, based on proofs of interested persons;

5) 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 this Law;

6) the patentee - the owner of the security document;

7) 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 in the sphere of intellectual property and the expert organization;

8) integrated chip - the microelectronic product of final or intermediate shape intended for accomplishment of functions of the electronic scheme, elements and which communications are unseparably created in amount and (or) on the surface of material on the basis of which the product is made;

9) topology of integrated chip - the spatial and geometrical arrangement of set of elements of integrated chip and communications fixed on the material carrier between them;

10) the expert organization - the expert organization created in form of business of the republican state company on the right of economic maintaining subordinated in the activities to authorized body.

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