of August 28, 2018 No. 1320
About approval of the Regulations on appeal council
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 Regulations on appeal council.
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.
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 28, 2018 No. 1320
1. The regulations on appeal council (further - the Provision) are developed according to the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements", the Law of the Republic of Kazakhstan of July 16, 1999 "The patent law of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan of July 26, 1999 "About trademarks, service marks and names of places of goods origin" and the Law of the Republic of Kazakhstan of June 29, 2001 "About legal protection of topology of integrated chips".
2. Appeal council is collegiate organ under the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry) on pre-judicial consideration of objections of applicants.
3. In the activities Appeal council is guided by the Constitution of the Republic of Kazakhstan, international treaties and the laws of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.
4. In the Provision the following concepts are used:
1) Madrid agreement - The Madrid agreement on the international registration of signs of April 14, 1891;
2) the protocol to the Madrid agreement - the protocol to the Madrid agreement on the international registration of signs of June 28, 1989;
3) the patent agent - the capable citizen of the Republic of Kazakhstan who is constantly living in its territory, having the higher education and the working life at least four years which underwent certification and registered in the register of patent agents;
4) expert organization - The republican state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan;
5) the parties - physical and (or) legal entities, and also the patent agents participating in consideration of objections in Appeal council.
5. Appeal council within the competence has the right:
1) to request and obtain information necessary for accomplishment of the tasks assigned to it from the parties;
To attract 2) to consideration of disputes of specialists of the corresponding profile from state bodies and the staff of the expert organization, and also to organize if necessary working meetings;
To involve 3) in meetings of Appeal council of representatives of non-governmental organizations on the questions entering their competence;
To hear 4) at meetings of boards of agents of the parties and to ask them questions.
6. The structure of Appeal council affirms the order of the Minister of Justice of the Republic of Kazakhstan (or replacement his face).
The odd number (at least five) members, including representatives of authorized bodies on entrepreneurship, in the field of development of agro-industrial complex, in the sphere of protection of selection achievements, in the sphere of protection of inventions, useful models and industrial designs, in the field of science, the state support of innovative activities, health care and in the field of protection of trademarks, names of places of goods origin, and also public councils from the specified authorized bodies is part of appeal council.
7. Cannot be part of appeal council:
1) patent agents;
2) spouses, close relatives or cousins-in-laws;
3) staff of the expert organization.
8. Replacement of any member of appeal council is possible in case:
1) the rejection or branch declared by participants of meeting of appeal council based on Item 7 of this provision;
2) absence in connection with temporary disability, stay on leave or in business trip.
9. The chairman of Appeal council is the Vice-Minister of Justice of the Republic of Kazakhstan. During absence of the chairman of its function the vice-chairman carries out.
10. Chairman of Appeal council:
1) directs its activities;
2) is determined by the schedule of meeting of Appeal council, and also the place and time of holding meetings of Appeal council;
3) convenes meetings of Appeal council and presides over them.
11. Materials of meeting of Appeal council after coordination with the chairman are led up to each member of board of Appeal council not later than five working days before date of meeting.
12. Functions of working body of Appeal council are assigned to Management on ensuring activities of appeal council, commission on recognition of the trademark well-known, certification and appeal the commissions of Department on intellectual property rights of the Ministry.
13. Functions of Appeal council are:
1) conducting acceptance of the objections arriving in the Ministry, forming of materials of objections for consideration in Appeal council:
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