Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 16, 1999 No. 427-I

Patent law of the Republic of Kazakhstan

(The last edition from 21-01-2019)

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) exclusive right - property right of the patentee on use of object of industrial property in any manner at discretion;

2) the bulletin - the official periodical concerning protection of objects of industrial property;

2-1) Euroasian request - the application submitted according to the Euroasian patent convention of September 9, 1994;

2-2) Euroasian patent - the patent granted according to the Euroasian patent convention of September 9, 1994;

3) intellectual property items - results of intellectual activities and means of individualization of participants of civil circulation, goods, works and services;

4) security documents - the patents for inventions, industrial designs and useful models granted according to this Law;

5)  No. 300-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 07.04.2015

6) the license agreement - the agreement under which the patentee (licensor) grants to other party (licensee) the right temporarily to use the corresponding object of industrial property definitely;

7) objects of industrial property - the invention, useful models and industrial designs;

7-1) office objects of industrial property - the invention, useful models, industrial designs created by the worker in case of accomplishment by it of the service duties or specific task of the employer;

8) The Parisian convention - the Parisian convention on protection of industrial property of March 20, 1883 with subsequent changes and amendments;

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

10) patentability conditions - the conditions of provision of legal protection provided by this Law to objects of industrial property;

11) the patented objects of industrial property - objects of industrial property on which security documents are issued;

12) 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;

13) the international request - the application submitted according to the Agreement on patent cooperation of June 19, 1970.

Article 2. The relations regulated by the Patent law

1. This Law regulates the property, and also related personal non-property relations arising in connection with creation, legal protection and use of objects of industrial property.

2. Protection of other intellectual property items (selection achievements, topology of integrated chips, trademarks, service marks, names of places of goods origin and others) is regulated by other legal acts.

Article 3. Coverage of this Law

1. Provisions of this Law extend to objects of industrial property on which security documents are issued by authorized body, and also on objects of industrial property, patents for which are granted based on international treaties in which the Republic of Kazakhstan participates.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. Authorized state body in the sphere of protection of inventions, useful models, industrial designs

1. Authorized state body in the sphere of protection of inventions, useful models, industrial designs (further - authorized body) - the state body determined by the Government of the Republic of Kazakhstan and performing state regulation in the field of protection of inventions, useful models, industrial designs.

2. Are within the competence of authorized body:

1) participation in realization of state policy in the field of legal protection of objects of industrial property;

2) development and approval:

rules of conducting examination of requests for objects of industrial property;

rules of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of patents;

rules of registration in the corresponding state registers of transfer of exclusive right, provision of the right to use object of industrial property, the open or compulsory license;

rules of provision of statements from the corresponding state registers;

rules of consideration by appeal council of objections;

rules of consideration of requests for objects of industrial property according to the international treaties ratified by the Republic of Kazakhstan;

regulations on certifying commission;

regulations on appeal council;

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