ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2018 No. 1313

About approval of Rules of provision of statements from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks and names of places of goods origin, topology of integrated chips

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 Rules of provision of statements from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks and names of places of goods origin, topology of integrated chips.

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 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 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.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 28, 2018 No. 1313

Rules of provision of statements from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks, geographical instructions and names of places of goods origin, topology of integrated chips

Chapter 1. General provisions

1. These rules of provision of statements from the State registers of selection achievements, inventions, useful models, industrial designs, trademarks, geographical instructions and names of places of goods origin, topology of integrated chips (further – Rules) are developed according to the subitem 2) of Item 2 of article 3-1 of the Law of the Republic of Kazakhstan "About protection of selection achievements", the subitem 2) of Item 2 of article 4 of the Law of the Republic "The patent law of the Republic of Kazakhstan", the subitem 2) of 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", the subitem 2) of article 4 of the Law of the Republic of Kazakhstan "About legal protection of topology of integrated chips" determine procedure for provision of statements from the State register of selection achievements, the State register of inventions, the State register of useful models, The state register of industrial designs, the State registers of trademarks, geographical instructions, names of places of goods origin, the State register of topology of integrated chips of the Republic of Kazakhstan (further – the State registers).

2. In Rules the following basic concepts are used:

1) State register of geographical instructions – The state register of the registered geographical instructions;

2) the applicant – the physical person or legal entity which addressed for provision of the statement from the State register of selection achievements, inventions, useful models, industrial designs, trademarks, geographical instructions and names of places of goods origin, topology of integrated chips of the Republic of Kazakhstan;

3) State register of useful models – The state register of the registered useful models;

4) 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;

5) 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;

6) State register of selection achievements - The state register of the Republic of Kazakhstan of the protected plant varieties and the State register of the Republic of Kazakhstan of the protected breeds of animals which include grades, breeds on which patents are granted;

7) the owner (owner) of the trademark or the owner of right to use by geographical specifying and (or) 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 geographical specifying and (or) the name of the place of goods origin according to the Law of the Republic of Kazakhstan "About trademarks, service marks, geographical instructions and names of places of goods origin";

8) The state register of names of places of goods origin - the State register of the registered names of places of goods origin;

9) authorized state body (further – authorized body) – the state body performing state regulation in the field of protection of trademarks, service marks, geographical instructions and names of places of goods origin, inventions, useful models, industrial designs, selection achievements, and also topology of integrated chips;

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