ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of October 3, 2017 No. 1225

About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2015 No. 251 "About approval of standards of the state services in the field of industrial property"

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2015 No. 251 "About approval of standards of the state services in the field of industrial property" (registered in the Register of state registration of regulatory legal acts for No. 11407, published on August 7, 2015 in information system of law of Ad_let) the following changes:

in the standard of the state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property" approved by the specified order:

1) of item 4 to state the subitem in the following edition:

"1) from the date of receipt of the statement - within 40 (forty) working days.

If in the materials of the agreement enclosed to the application there is no document confirming payment of conducting examination, the invoice for payment is made out the applicant. In this case the specified terms are estimated from the date of payment receipt in the expert organization. Payment is made in case of filing of application or within one month from receipt date of the statement.

In case of non-presentation of the document on payment in a month the statement is recognized not given.

In case of violation of requirements to document creation or availability of the bases interfering registration of the agreement, but which can be eliminated, by the service provider to uslugopoluchatel the inquiry with the offer within three-months term from the date of its sending is sent to submit the absent or corrected documents or to make necessary changes and additions.

In this case terms of conducting examination are in essence estimated from the date of submission of the absent or corrected documents;";

the second Item 7 to state part in the following edition:

"For services of the expert organization for rendering this state service payment, in the amount of, No. 368 established according to the order of the Minister of Justice of the Republic of Kazakhstan of December 18, 2014 "About price approval for the works and services realized by 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" is levied (it is registered in the Register of state registration of regulatory legal acts at No. 10045).";

in Item 9:

the fifth and sixth to state parts in the following edition:

"The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) behind registration of the contract of assignment of exclusive right for the trademark for the portal:

1) the statement in electronic form, the uslugopoluchatel certified by the digital signature or one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal;

2) the electronic copy of the original of the agreement supplied with the title page and executed in the Kazakh and Russian languages, stitched, fastened with paper seal on which record about the number of the strung together and numbered sheets is made the impress of a seal and the signature of both parties or persons of both parties authorized on that are put down.

Instead of the electronic copy of the original of the agreement the electronic copy of notarially attested copy of the agreement can be provided;

3) the electronic copy of the power of attorney in case of filing of application through the patent agent or other representative;

4) the electronic copy of the document confirming fee of the expert organization;

5) the electronic copy of the document confirming payment of the state fee, except for payments through PShEP;

6) for national uslugopoluchatel: the electronic copy of the decision of governing bodies of the owner of the security document or exclusive rights, general meeting of founders or shareholders concerning the conclusion of the agreement and provision of powers on agreement signature by the director.";

the twelfth to state part in the following edition:

"The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) behind registration of the contract of assignment of exclusive right for the invention, useful model, industrial design, selection achievement for the portal:

1) the statement in electronic form, the uslugopoluchatel certified by the digital signature or one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal;

2) the electronic copy of the original of the agreement supplied with the title page and executed in the Kazakh and Russian languages, stitched, fastened with paper seal on which record about the number of the strung together and numbered sheets is made is put down impress of a seal and the signature of both parties or persons of both parties authorized on that.

Instead of the electronic copy of the original of the agreement the electronic copy of notarially attested copy of the agreement can be provided;

3) the electronic copy of the power of attorney in case of filing of application through the patent agent or other representative;

4) the electronic copy of the document confirming fee of the expert organization;

5) the electronic copy of the document confirming payment of the state fee, except for payments through PShEP;

6) for national uslugopoluchatel: the electronic copy of the decision of governing bodies of the owner of the security document or exclusive rights, general meeting of founders or shareholders concerning the conclusion of the agreement and provision of powers on agreement signature by the director.";

the fifth Item 11 to state part in the following edition:

"In case of the address through the portal information on procedure for appeal can be obtained by phone Single contact center 1414, 8 800 080 7777.";

state Item 14 in the following edition:

"14. Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of availability of the digital signature or use of the one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal.";

state Item 16 in the following edition:

"16. Contact telephone numbers of service desks concerning rendering the state service: 8 (7172) 74 07 54, 74 09 69, 74 96 60. Single contact center - 1414, 8 800 080 7777.";

state appendix 1 in edition according to appendix 1 to this order;

in the standard of the state service "Registration of License, Sublicense Agreements" approved by the specified order:

1) of item 4 to state the subitem in the following edition:

"1) from the moment of submission of documents - within 40 (forty) working days;

In case of absence in the materials of the agreement of the document confirming payment of conducting examination enclosed to the application, the invoice for payment is made out the applicant. In this case the specified terms are estimated from the date of payment receipt in the expert organization. Payment is made in case of filing of application or within one month from receipt date of the statement.

In case of non-presentation of the document on payment in a month the statement is recognized not given.

In case of violation of requirements to document creation or availability of the bases interfering registration of the agreement, but which can be eliminated to uslugopoluchatel the inquiry with the offer within three-months term from the date of its sending is sent to submit the absent or corrected documents or to make necessary changes and additions. In this case terms of conducting examination are in essence estimated from the date of submission of the absent or corrected documents;";

the second Item 7 to state part in the following edition:

"For services of the expert organization for rendering this state service payment, in the amount of, No. 368 established according to the order of the Minister of Justice of the Republic of Kazakhstan of December 18, 2014 "About price approval for the works and services realized by 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" is levied (it is registered in the Register of state registration of regulatory legal acts No. 10045).";

in Item 9:

the fifth and sixth to state parts in the following edition:

"The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) behind registration of the license, sublicense agreement about provision of the right to use the trademark specified in Item 9 of this standard of the state service on the portal:

1) the statement in electronic form, the uslugopoluchatel certified by the digital signature or one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal;

2) the electronic copy of the original of the agreement supplied with the title page and executed in the Kazakh and Russian languages, stitched, fastened with paper seal on which record about the number of the strung together and numbered sheets is made the impress of a seal and the signature of both parties or persons of both parties authorized on that are put down.

Instead of the electronic copy of the original of the agreement the electronic copy of notarially attested copy of the agreement can be provided;

3) the electronic copy of the power of attorney in case of filing of application through the patent agent or other representative;

4) the electronic copy of the document confirming fee of the expert organization;

5) the electronic copy of the document confirming payment of the state fee, except for payments through PShEP;

6) for national uslugopoluchatel: the electronic copy of the decision of governing bodies of the licensor, general meeting of founders or shareholders concerning the conclusion of the agreement and provision of powers on agreement signature by the director.";

the twelfth to state part in the following edition:

"The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) behind registration of the license, sublicense agreement about provision of the right to use the invention, useful model, industrial design, selection achievement on the portal:

1) the statement in electronic form, the uslugopoluchatel certified by the digital signature or one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal;

2) the electronic copy of the original of the agreement supplied with the title page and executed in the Kazakh and Russian languages, stitched, fastened with paper seal on which record about the number of the strung together and numbered sheets is made the impress of a seal and the signature of both parties or persons of both parties authorized on that are put down.

Instead of the electronic copy of the original of the agreement the electronic copy of notarially attested copy of the agreement can be provided;

3) the electronic copy of the power of attorney in case of filing of application through the patent agent or other representative;

4) the electronic copy of the document confirming fee of the expert organization;

5) the electronic copy of the document confirming payment of the state fee, except for payments through PShEP;

6) for national uslugopoluchatel: the electronic copy of the decision of governing bodies of the licensor, general meeting of founders or shareholders concerning the conclusion of the agreement and provision of powers on agreement signature by the director.";

the fifth Item 11 to state part in the following edition:

"In case of the address through the portal information on procedure for appeal can be obtained by phone Single contact center 1414, 8 800 080 7777.";

state Item 14 in the following edition:

"14. Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of availability of the digital signature or use of the one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal.";

state Item 16 in the following edition:

"16. Contact telephone numbers of service desks concerning rendering the state service: 8 (7172) 74 07 54, 74 09 69, 74 96 60. Single contact center - 1414, 8 800 080 7777.";

state appendix 1 in edition according to appendix 2 to this order;

in the standard of the state service "Certification of Candidates for Patent Agents" approved by the specified order:

state Items 9 and 10 in the following edition:

"9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy):

1) to the service provider:

for passing of certification of patent agents:

the statement for the admission to certification in the state or Russian languages in any form;

the copy of the diploma about the higher education;

the copy of the document confirming labor activity which contains confirmation of length of service in the field of intellectual property;

the identity certificate or passports of the citizen of the Republic of Kazakhstan (for identification of the personality);

the document confirming payment of the state fee for certification of patent agents;

2) on the portal:

request in electronic form, certified by the digital signature (further - the EDS) uslugopoluchatel or the one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal;

the electronic copy of the diploma about the higher education;

the electronic copy of the document confirming labor activity which contains confirmation of length of service in the field of intellectual property;

the electronic copy the identity certificate or passports of the citizen of the Republic of Kazakhstan (for identification of the personality);

the electronic copy of the document confirming payment of the state fee for certification of patent agents, except as specified payments through PShEP.

The documents specified in paragraphs of the fourth and fifth of the subitem 1) and paragraphs of the third and fourth of the subitem 2) of this Item are verified with their originals represented by uslugopoluchatel in case of appearance on testing certification.

The service provider receives data on the identity document of uslugopoluchatel, information on payment of the state fee through PShEP from the corresponding state information systems through lock of "the electronic government".

Uslugopoluchatel agrees to use of the data which are the secret protected by the Law, containing in information systems when rendering the state services if other is not provided by the laws of the Republic of Kazakhstan.

When giving by uslugopoluchatel of all necessary documents:

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