of August 29, 2018 No. 1342
About approval of Rules of entering of topology into the State register of topology of integrated chips and issue of registration certificates, certificates of authors
According to 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:
2. To provide to department on intellectual property rights:
1) state registration of this order;
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.
Minister of Justice of the Republic of Kazakhstan
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1342
1. These rules of entering of topology into the State register of topology of integrated chips and issue of registration certificates, certificates of authors (further - Rules) are developed according to the Laws of the Republic of Kazakhstan of June 29, 2001 "About legal protection of topology of integrated chips", of April 15, 2013 "About the state services" (further - the Law on state services) which establish procedure for entering of topology into the State register of topology of integrated chips, and also issues of registration certificates, certificates of authors and determine procedure for rendering the state services.
2. In these rules the following concepts are used:
1) integrated chip - the microelectronic product of final or intermediate shape intended for accomplishment of functions of the electronic scheme, elements and which communications are unseparably created in amount and (or) on the surface of material on the basis of which the product is made;
2) topology of integrated chip (further - topology) - the spatial and geometrical arrangement of set of elements of integrated chip and communications fixed on the material carrier between them;
3) the owner - the author, his heir, and also any physical person or legal entity which has the exclusive right acquired by law or agreements;
4) the request - the request for registration of topology of integrated chip;
5) 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;
6) 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;
7) 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.
3. The state service "Registration of Topology of Integrated Chips" (further - the state service) appears 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 (further - the service provider).
4. For receipt of the state service the physical and (or) legal entity (further - uslugopoluchatel) directs through the portal applications with the application of documents specified in Item 8 of the standard of the state service "Registration of Topology of Integrated Chips" according to appendix 1 (further - the standard), in electronic form, signed by the EDS, according to appendix 2 to these rules.
5. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service is provided in the standard.
Payment is performed by non-cash method through payment gateway of bank of the second level integrated by c information system of the service provider of newcab.kazpatent.kz on the bank details specified in appendix 3 to these rules.
In case of the direction uslugopoluchately statements through the portal in "private office" the status about acceptance of request for rendering the state service is automatically displayed.
6. To the statement on rendering the state service registration number at the time of receipt is automatically assigned to the service provider.
In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of applications and issue of results of rendering the state service are performed the next working afternoon.
The service provider within 2 (two) working days from the moment of document registration checks their completeness.
In case of representation uslugopoluchately incomplete document package or lack of the data necessary for rendering the state service according to these rules, the service provider sends to the terms specified in part three of this Item to uslugopoluchatel the notification with indication of what requirements there does not correspond the document package.
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