Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2018 No. 1317

About approval of Rules of consideration by appeal council of objections

(as amended on 31-08-2022)

According to Item 2 of article 3-1 of the Law of the Republic of Kazakhstan "About protection of selection achievements", Item 2 of article 4 of the Law of the Republic of Kazakhstan "The patent law of the Republic of Kazakhstan", the subitem 2) Item 2 of article 3 of the Law of the Republic of Kazakhstan "About trademarks, service marks, geographical instructions and names of places of goods origin" and the subitem 2) article 4 of the Law of the Republic of Kazakhstan "About legal protection of topology of integrated chips" PRIKAZYVAYU:

1. Approve the enclosed Rules of consideration by appeal council of objections.

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. 1317

Rules of consideration by appeal council of objections

Chapter 1. General provisions

1. Rules of consideration by appeal council of objections (further – Rules) are developed according to the Law of the Republic of Kazakhstan "About protection of selection achievements" (further – the Law on selection achievements), the Law of the Republic of Kazakhstan "The patent law of the Republic of Kazakhstan" (further – the Patent law), the Law of the Republic of Kazakhstan "About trademarks, service marks, geographical instructions and names of places of goods origin" (further – the Law on trademarks), the Law of the Republic of Kazakhstan "About legal protection of topology of integrated chips" (further – the Law on integrated chips) and determine procedure for consideration by appeal council of objections.

2. In Rules the following concepts are used:

1) Appeal council – collegiate organ under the Ministry of Justice of the Republic of Kazakhstan;

2) security documents – the documents (patents for inventions, industrial designs, useful models, patents for selection achievements, certificates for trademarks, service marks, names of places of goods origin) issued according to the laws of the Republic of Kazakhstan in the field of intellectual property;

3) Madrid agreement - The Madrid agreement on the international registration of signs of April 14, 1891;

4) the protocol to the Madrid agreement - the protocol to the Madrid agreement on the international registration of signs of June 28, 1989;

5) objects of industrial property - the invention, useful models, industrial designs, trademarks and service marks, names of places of goods origin, selection achievements;

6) the applicant – person who gave objection to Appeal council;

7) the patent agent – the capable citizen of the Republic of Kazakhstan who is constantly living in its territory, having the higher education, work experience in the sphere of protection and protection of intellectual property rights at least four years or passed training in chamber of patent agents at least one year which underwent certification and registered in the register of patent agents.

8) the expert organization – the organization created according to the decision of the Government of the Republic of Kazakhstan approved by the Order of the Government of the Republic of Kazakhstan of July 11, 2002 No. 756 "About creation of the Republican state state company "National Institute of Intellectual Property of Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan" in form of business of the republican state company on the right of economic maintaining subordinated in the activities to authorized body;

9) the parties - the physical and (or) legal entities participating in consideration of objections in Appeal council;

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

Chapter 2. Procedure for consideration by appeal council of objections

Paragraph 1. Giving of objections

3. In Appeal council the following objections move:

1) on decisions of the expert organization on refusal in registration of the trademark, including refusal in provision of legal protection to the trademark declared according to Items 1 and 2 of article 5 of the Protocol to the Madrid agreement;

2) on decisions of the expert organization on refusal in registration and (or) provision of right to use by geographical specifying and the name of the place of goods origin;

3) against registration of the trademark, including according to Item 6 of article 5 of the Protocol to the Madrid agreement;

4) against registration and (or) provision of right to use by geographical specifying and the name of the place of goods origin;

5) on decisions of the expert organization on patent refusal on the invention;

6) on decisions of the expert organization on refusal in consideration of the request for patent grant on selection achievement;

7) on decisions of the expert organization on patent refusal on selection achievement;

8) on decisions of the expert organization on patent refusal on useful model;

9) on decisions of the expert organization on patent refusal on industrial design.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.