ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 1350

About some questions in the sphere of industrial property

For the purpose of implementation of the Law of the Republic of Kazakhstan of June 20, 2018 No. 161 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the legislation in the sphere of intellectual property" PRIKAZYVAYU:

1. Approve enclosed:

1) Rules of consideration of the request for object of industrial property according to the Agreement on patent cooperation and the Eurasian patent convention, according to appendix 1 to this order;

2) Rules of consideration of the request for the trademark according to the Madrid agreement on the international registration of signs and the Protocol to the Madrid agreement on the international registration of signs, according to appendix 2 to this order;

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 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 official 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 29, 2018 No. 1350

Rules of consideration of the request for object of industrial property according to the Agreement on patent cooperation and the Eurasian patent convention

Chapter 1. General provisions

1. These rules of consideration of the request for object of industrial property according to the Agreement on patent cooperation and the Eurasian patent convention (further – Rules) are developed according to the subitem 2) of Item 2 of article 4 of the Law of the Republic of Kazakhstan "the Patent Law of the Republic of Kazakhstan" (further – the Law) and determine procedure for consideration of the request for object of industrial property according to the Agreement on patent cooperation and the Eurasian patent convention.

2. In these rules the following concepts are used:

1) World Intellectual Property Organization – the international organization providing and regulating international policy and cooperation of the countries in the sphere of intellectual property (further – VOIS);

2) the Eurasian request – the application submitted according to the Eurasian patent convention of September 9, 1994 or the Protocol on protection of industrial designs to the Eurasian patent convention of September 9, 1994;

3) 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";

4) the international request – the application submitted according to the Agreement on patent cooperation of June 19, 1970 (further – the Agreement of RUTI).

Chapter 2. Procedure for consideration of the international request

3. The expert organization, being guided by the Agreement PCT, the Instruction to the Agreement of RUTI, the Administrative instruction to the Agreement of RUTI, the Law, performs the functions of the receiving department connected with obtaining, check and transfer of the international request.

4. Consideration of the international request on national phase is performed according to the Rules of conducting examination of requests for objects of industrial property approved by the order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1349 (it is registered in the Register of state registration of regulatory legal acts No. 17459).

5. In case of absence in the arrived materials of the translation of documents of the request on Kazakh or Russian if they are provided in other language, the applicant is notified on need of its representation within two months from expiry date for the introduction in national phase. The term of representation of the translation is prolonged, but no more, than for two months according to Item 2 of article 16 of the Law.

In case of non-presentation of the transfer to the specified term the request is considered not entered national phase what the applicant is notified on. The registered materials do not return, the clerical work is not recovered.

6. Transformation of the international request for the invention to the request for useful model is performed according to the Rules of conducting examination of requests for objects of industrial property approved according to the subitem 2) of Item 2 of article 4 of the Law.

Chapter 3. Procedure for consideration of the Eurasian request

7. The expert organization, being guided by the Eurasian patent convention, the Patent Instruction to the Eurasian patent convention and the Law, performs the functions connected with obtaining, check and transfer of the Eurasian request to Eurasian department.

8. Transformation of the Eurasian request to the national patent request and its consideration is performed according to Eurasian the patent convention and the Patent Instruction to the Eurasian patent convention.

9. The payment document for processing, check and transfer of the Eurasian request is submitted in case of application or within three months from the date of the direction of the notification on receipt of the Eurasian request to the applicant. In case of non-presentation of the payment document for processing, check and transfer of the Eurasian request the request is considered not given what the applicant is notified within five working days on.

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