ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1347

About approval of 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

According to the subitem 2) of 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" I ORDER:

1. Approve the enclosed 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.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation 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 in the Ministry of Justice of the Republic of Kazakhstan 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" of the Ministry of Justice of the Republic of Kazakhstan 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 after its official publication.

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.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1347

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

Chapter 1. General provisions

1. These 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 (further – Rules) are developed according to the Laws of the Republic of Kazakhstan "the Patent Law of the Republic of Kazakhstan", "About the state and socially responsible services" (further – the Law on state services) which establish order of registration in the State register of inventions, the State register of useful models, the State register of industrial designs of transfer of exclusive right, provision of the right to use object of industrial property, the open or compulsory license, and also determine procedure for rendering the state services.

2. In these rules the following 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;

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

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

5) 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;

6) the web portal of "the digital government" www.egov.kz, www.elicense.kz (further – the portal) – the digital system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

7) payment gateway of "the digital government" (further – PShTsP) – the digital object automating processes of information transfer about carrying out payments within rendering paid services;

8) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Order of registration of transfer of exclusive right on objects of industrial property

3. The state service "Registration of Transfer Exclusive Rights to the Trademark, Selection Achievement and Object of Industrial Property, and also Topology of Integral Chip" (further – the state service) appears the Republican state company on the right of economic maintaining "National institute of intellectual property" of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (further – the service provider).

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