ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1343

About approval of Rules of registration of selection achievements in the State register of selection achievements and issues of security documents and their duplicates, cancellation and early termination of action of patents

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", PRIKAZYVAYU:

1. Approve the enclosed Rules of registration of selection achievements in the State register of selection achievements and issues of security documents and their duplicates, cancellation 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.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1343

Rules of registration of selection achievements in the State register of selection achievements and issues of security documents and their duplicates, cancellation and early termination of action of patents

Chapter 1. General provisions

1. These rules of registration of selection achievements in the State register of selection achievements and issues of security documents and their duplicates, cancellation and early termination of action of patents (further – Rules) are developed according to the Law of the Republic of Kazakhstan of July 13, 1999 "About protection of selection achievements" (further – the Law), the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further – the Law on state services) and determine order of registration of selection achievements in the State register of selection achievements and issues of security documents and their duplicates, cancellation 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 selection achievements;

2) VOIS – World Intellectual Property Organization;

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

4) 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;

5) State commission – State commission on sortoispytaniye of crops and State commission on testing and approbation of breeds of authorized body in the field of development of agro-industrial complex.

6) 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;

7) selection achievement – the new grade of plant, new breed of animal which are result of creative activities of the person on which the patent is granted;

8) 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;

9) 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;

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