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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1341

About approval of Rules of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of patents

(as amended on 30-06-2021)

According to 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", PRIKAZYVAYU:

1. Approve the enclosed Rules of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of patents.

2. To provide to department on intellectual property rights of the Ministry of Justice 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 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" 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 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 of Justice of the Republic of Kazakhstan

M. Beketayev

Approved by the Order of the Minister of Justice of the Republic Kazakhstan of August 29, 2018 No. 1341

Rules of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of patents

Chapter 1. General provisions

1. These rules of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of patents (further - Rules) are developed according to 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 April 15, 2013 "About the state services" (further - the Law) and determine order of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of patents, and also procedure for rendering the state services.

2. In these rules the following basic concepts are used:

1) the bulletin - the official periodical concerning protection of objects of industrial property;

2) State register - State register of inventions, State register of useful models, State register of industrial designs;

3) 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;

4) MPK - the international patent classification;

5) MKPO - the international classification of industrial designs;

6) VOIS - World Intellectual Property Organization;

7) ENID - the international codes for identification of bibliographic data;

8) medicines - the means representing or containing pharmacological the active agents coming into contact with human body or getting into its bodies and fabrics intended for prevention, diagnostics and treatment of diseases, and also change of condition and functions of organism.

9) pesticides (agricultural chemicals) - the chemical, biological and other substances used against harmful and especially dangerous harmful organisms and also for preharvesting drying, removal of leaves and regulation of growth of plants;

10) permission - the certificate of state registration of medicine, pesticide (agricultural chemical), product of medical appointment and medical equipment issued by competent authority;

11) competent authority (further - competent authority):

concerning medicine - the state body performing management in the field of protection of public health, medical and pharmaceutical science, medical and pharmaceutical education, drug circulation, products of medical appointment and medical equipment, control of quality of medical services;

concerning pesticide (agricultural chemical) - the central executive body performing management in the field of protection of plants and also within the powers cross-industry coordination;

12) Agreement of RUTI - The agreement on patent cooperation of June 19, 1970;

13) Parisian convention - The Parisian convention on protection of industrial property of March 20, 1883;

14) the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the portal) - the information 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;

15) payment gateway of "the electronic government" (further - PShEP) - the information system automating processes of information transfer about carrying out payments within rendering the paid services rendered electronically;

16) 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.

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