ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of October 11, 2018 No. 1481

About approval of standards of the state services in the field of protection and protection of intellectual property rights

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

1. Approve the following standards of the state services:

1) "Entering of data and their changes into the State register of the rights to the objects protected by copyright" according to appendix 1 to this order;

2) "Accreditation of the organizations managing property rights on collective basis" according to appendix 2 to this order;

3) "Registration of provision of the right to use the trademark, selection achievement and object of industrial property" according to appendix 3 to this order;

4) "Registration of transfer of exclusive right for the trademark, selection achievement and object of industrial property" according to appendix 4 to this order;

5) "Registration of the trademark" according to appendix 5 to this order;

6) "Right to use registration by the name of the place of goods origin" according to appendix 6 to this order;

7) "Issue of security documents in the sphere of industrial property" according to appendix 7 to this order;

8) "Issue of the security document for selection achievement" according to appendix 8 to this order;

9) "Registration of topology of integrated chips" according to appendix 9 to this order;

10) "Provision of the statement from the state registers of trademarks, names of places of goods origin" according to appendix 10 to this order;

11) "Certification of candidates for patent agents" according to appendix 11 to this order;

12) "Issue of the certificate of the patent agent" according to appendix 12 to this order.

2. Recognize invalid some orders of the Ministry of Justice of the Republic of Kazakhstan according to appendix 13 to this order.

3. 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.

4. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Minister of information and communications of the Republic of Kazakhstan "___" _________ 2018

_____________ D. Abayev

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of October 11, 2018 No. 1481

Standard of the state service "Entering of Data and Their Changes into the State Register of the Rights to the Objects Protected by Copyright"

Chapter 1. General provisions

1. The state service "Entering of Data and Their Changes into the State Register of the Rights to the Objects Protected by Copyright" (further - the state service).

2. The standard of the state service (further - the standard) is developed by the Ministry of Justice of the Republic of Kazakhstan (further - authorized body).

3. The state service appears the Republican state company "National Institute of Intellectual Property" (further - the service provider).

Reception of an application and issue of result of rendering the state service is performed through the web portal of "the electronic government" www.egov.kz (further - the portal).

Chapter 2. Procedure for rendering the state service

4. The term of rendering the state service - within one working day following behind day of receipt of the statement uslugopoluchatel.

In the Register the errors of technical nature which are not changing accessory, nature or contents of the entered data within one working day from the date of receipt of the statement of uslugopoluchatel can be corrected.

5. Form of rendering the state service - electronic (completely automated).

6. Result of rendering the state service - the certificate on entering of data into the State register of the rights to the objects protected by copyright (further - the Register), or motivated refusal in rendering the state service in case and on the bases, stipulated in Item 10 these standards.

7. The state service is rendered on paid basis to physical persons (further - uslugopoluchatel) according to the Prices, on services regarding entering of data into the State register of the rights to the objects protected by copyright (further - the Prices) and posted on the official sites of www.adilet.gov.kz authorized body and the service provider of www.kazpatent.kz.

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.

8. The working schedule of the portal - round the clock, except for the technical breaks connected with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays, reception of an application and issue of result of rendering the state service is performed the next working afternoon according to the labor law of the Republic of Kazakhstan).

9. The list of the documents necessary for rendering the state service to uslugopoluchatel on the portal:

When entering data into the Register:

1) the statement in form according to appendix 1 to this standard;

2) work copy.

Instead of work copy sketches, drawings, drawings or photos, and concerning programs for the electronic computer (EC) or databases - the paper including the name of the program or the database, surname, name, middle name (if it is specified in the identity document) the author, date of creation, scope, appointment, functionality, the source code (source text), the main technical characteristics, programming language, type of the implementing EVM can be enclosed to the application.

3) concerning the compound or derivative work the copy of the author's agreement signed with author(s) or the owner of the original work in addition is submitted. If in the compound work works of other authors which term of protection expired for date of filing of application by uslugopoluchatel are used, the author's agreement is not required. In case of the expiration of protection of the work on the basis of which the derivative work is created submission of the author's contract with the author of the main work is not required;

4) concerning works of religious content the electronic copy of the positive conclusion of theological examination in addition is submitted;

5) the documents which are the basis for provision of privileges:

participants of the Great Patriotic War and persons equated to them according to article 10 of the Law of the Republic of Kazakhstan of April 28, 1995 "About privileges and social protection of participants, disabled people of the Great Patriotic War and persons equated to them" (further - the Law of April 28, 1995) represent: the copy of the certificate of the participant of the Great Patriotic War, or the copy of the pension certificate with mark of the right to privileges or the copy of the certificate to the medal "For Defense of Leningrad" or to sign to "The resident of besieged Leningrad", or the copy of the certificate of the former minor prisoner, or the archival certificate of forced content in the concentration camps, ghetto and other places of detention created by fascists and their allies during World War II, or the copy of the references from military commissariat confirming participation in fighting in the territory of other states or the copy of the military ID with mark about participation in fighting in the territory of other states or the copy of the document confirming work on servicing of the Soviet military contingent in Afghanistan or the copy of the medical documents confirming wound, contusion, mutilation, or the copy of the certificate to awards and medals of the former USSR for participation in ensuring fighting or the copy of the certificate of the participant of mitigation of consequences of catastrophic crash on the Chernobyl NPP or the copy of the document confirming participation in mitigation of consequences of catastrophic crash on the Chernobyl NPP or other radiation catastrophic crashes and accidents on objects civil or military participation is direct in nuclear testing and doctrines or the copy of the reference from military commissariat or Committee on emergency situations of the Ministry of Internal Affairs of the Republic of Kazakhstan confirming the fact of participation in liquidation of radiation catastrophic crashes and accidents on subjects to military or civil appointment, participations is direct in nuclear testing and doctrines;

persons awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War, the persons who worked (served) at least six months from June 22, 1941 to May 9, 1945 and are not awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War - the copy of the service record or the copy of other documents containing data on work from June 22, 1941 to May 9, 1945 (the document, the containing data on the periods of work issued from place of employment, and also archival organizations, or statements from orders, personal accounts and distribution slips of the salary, or the membership card or accounting card of members of the Communist Party or labor unions, or the decision of the commissions on establishment of length of service, to destination pensions, performing activities according to earlier existing legislation, or decisions of the courts, either decisions of the special commissions, or certificate of the right to privileges, issued till 1998, or the references confirming the study fact in factory schools), either the copy of the military ID or the copy of the reference containing data on the period of military service from June 22, 1941 to May 9, 1945 according to the Law of April 28, 1995;

disabled people - the copy of the certificate of disability;

one of the disabled person's parents since the childhood - the copy of the certificate of disability;

oralmans - the copy of the certificate of the oralman, issued by local executive body on migration;

minors - the copy of the certificate of birth.

Data on copyright of the works created in separate co-authorship can be entered in the Register separately in case of specifying on it any of coauthors in the statement.

In case of modification of data of the Register:

the statement according to appendix 2 to this standard.

10. The bases for refusal for entering of data into the Register is non-compliance with requirements, the stipulated in Clause 9-1 Law of the Republic of Kazakhstan "About copyright and the related rights".

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of the service provider and (or) his officials concerning rendering the state services

11. Appeal of decisions, actions (failure to act) of the service provider and (or) his officials, and also on employees concerning rendering the state services:

the claim is submitted addressed to the head of the service provider to the address: 010000, Nour's city is Sultan, the area Esil, Korgalzhinskoye Shosse, the building 3B, contact telephone number: (87172) 62-15-15, 8 (7172) 62-16-01 or addressed to the head of authorized body.

The claim is accepted in writing by mail, or purposely through office of the service provider and authorized body in the working days.

In necessary cases the uslugopoluchatel to the claim attaches the documents confirming low-quality rendering the state service of the service provider.

Confirmation of adoption of the claim is registration (stamp, the entering number and date) in office of the service provider, or authorized body, with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint.

The claim of uslugopoluchatel which arrived to the service provider or authorized body, is subject to consideration within five working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslugopoluchatel by means of mail service or is issued purposely in office of the service provider or authorized body.

Information on procedure for appeal of action (failure to act) for the service provider can be obtained by phone single contact center 1414.

In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is considered within fifteen working days from the date of its registration.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel takes a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements taking into account features of rendering the state service

13. The basis for reduction of the amount of payment are privileges which are provided to the following persons:

1) participants of the Great Patriotic War and to persons equated to them;

2) persons awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War;

3) persons who worked (served) at least six months from June 22, 1941 to May 9, 1945 and not awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War;

4) disabled people, and also to one of the disabled person's parents since the childhood;

5) oralmans;

6) minors.

Privileges are provided in the amount of 95 percent from the price for service in entering of data into the Register on condition of submission of supporting documents about belonging to any of above persons listed categories.

14. Addresses of places of rendering the state service are placed on Internet resources of www.adilet.gov.kz authorized body and the service provider of www.kazpatent.kz.

15. Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of EDS availability.

16. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of portal "private office", and also Single contact center.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info