Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 16, 1999 No. 427-I

Patent law of the Republic of Kazakhstan

(as amended on 28-10-2019)

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) exclusive right - property right of the patentee on use of object of industrial property in any manner at discretion;

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

2-1) Eurasian request - the application submitted according to the Eurasian patent convention of September 9, 1994;

2-2) Eurasian patent - the patent granted according to the Eurasian patent convention of September 9, 1994;

3) intellectual property items - results of intellectual activities and means of individualization of participants of civil circulation, goods, works and services;

4) security documents - the patents for inventions, industrial designs and useful models granted according to this Law;

5)  No. 300-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 07.04.2015

6) the license agreement - the agreement under which the patentee (licensor) grants to other party (licensee) the right temporarily to use the corresponding object of industrial property definitely;

7) objects of industrial property - the invention, useful models and industrial designs;

7-1) office objects of industrial property - the invention, useful models, industrial designs created by the worker in case of accomplishment by it of the service duties or specific task of the employer;

8) The Parisian convention - the Parisian convention on protection of industrial property of March 20, 1883 with subsequent changes and amendments;

9) the patentee - the owner of the security document;

10) patentability conditions - the conditions of provision of legal protection provided by this Law to objects of industrial property;

11) the patented objects of industrial property - objects of industrial property on which security documents are issued;

12) 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;

13) the international request - the application submitted according to the Agreement on patent cooperation of June 19, 1970.

Article 2. The relations regulated by the Patent law

1. This Law regulates the property, and also related personal non-property relations arising in connection with creation, legal protection and use of objects of industrial property.

2. Protection of other intellectual property items (selection achievements, topology of integrated chips, trademarks, service marks, names of places of goods origin and others) is regulated by other legal acts.

Article 3. Coverage of this Law

1. Provisions of this Law extend to objects of industrial property on which security documents are issued by authorized body, and also on objects of industrial property, patents for which are granted based on international treaties in which the Republic of Kazakhstan participates.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. Authorized state body in the sphere of protection of inventions, useful models, industrial designs

1. Authorized state body in the sphere of protection of inventions, useful models, industrial designs (further - authorized body) - the state body determined by the Government of the Republic of Kazakhstan and performing state regulation in the field of protection of inventions, useful models, industrial designs.

2. Are within the competence of authorized body:

1) participation in realization of state policy in the field of legal protection of objects of industrial property;

2) development and approval:

rules of conducting examination of requests for objects of industrial property;

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;

rules of registration in the corresponding state registers of transfer of exclusive right, provision of the right to use object of industrial property, the open or compulsory license;

rules of provision of statements from the corresponding state registers;

rules of consideration by appeal council of objections;

rules of consideration of requests for objects of industrial property according to the international treaties ratified by the Republic of Kazakhstan;

regulations on certifying commission;

regulations on appeal council;

regulations on the appeal commission;

3) determination of procedure for publication in the bulletin of the data relating to registration of objects of industrial property;

4) carrying out certification of candidates for patent agents and their registration in the register of patent agents;

5) organization of activities of certifying commission, appeal council and appeal commission;

6) implementation of other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 4-1. Expert organization

1. The expert organization created according to the decision of the Government of the Republic of Kazakhstan in form of business of the republican state company on the right of economic maintaining subordinated in the activities to authorized body:

1) carries out expertize of requests for objects of industrial property;

2) registers objects of industrial property in the corresponding state registers and issues security documents and their duplicates, recognizes invalid and ahead of schedule terminates patents;

3) registers transfer of exclusive right, provision of the right to use object of industrial property, the open or compulsory license in the corresponding state registers;

4) keeps the corresponding state registers, the bulletin and places them on the Internet resource;

5) provides statements from the corresponding state registers;

Publishes 6) in the bulletin of the data, belonging to registration of objects of industrial property;

7) is performed by search of data on the registered objects of industrial property based on addresses of interested persons;

8) considers requests for objects of industrial property according to the international treaties ratified by the Republic of Kazakhstan;

9) performs other types of activity which are not forbidden by the legislation of the Republic of Kazakhstan.

2. The expert organization in coordination with authorized body service prices in the field of protection of objects of industrial property on condition of providing full recovery of the costs for their rendering incurred by this organization, profitability of its activities and financing at the expense of own income affirm.

Article 5. Legal protection of objects of industrial property

1. The rights to the invention, useful model and industrial design are protected by the patent.

2. The patent for useful model is granted by results of examination of the request for patent grant on useful model.

The patent for the invention and industrial design is issued after conducting formal examination and examination of the request in essence.

The patent certifies priority, authorship and exclusive right to object of industrial property.

3. The patent for the invention is effective within twenty years from the date of application.

Concerning the invention relating to medicine, pesticide which use requires receipt of permissions according to the procedure, established by the legislation of the Republic of Kazakhstan on permissions and notifications, effective period of exclusive right and the patent certifying this right can be prolonged according to the petition of the patentee, but no more than for five years.

The specified term is prolonged for time which passed from the date of application for patent grant for the invention before the date of receipt of the first permission to application of the invention less five years.

The patent for useful model is effective within five years from the date of application. The term of its action can be prolonged according to the petition of the patentee, but no more than for three years.

The patent for industrial design is effective within fifteen years from the date of application. The term of its action can be prolonged according to the petition of the patentee, but no more than for five years.

4. The amount of legal protection provided by the patent is determined: on the invention and useful model - their formula, and on industrial design - set of its essential signs provided on images of appearance of product. For interpretation of formula of the invention, useful model the description and drawings can be used.

Action of the security document issued on product receipt method extends also to the product which is directly received by this method.

At the same time, if other is not proved, the new product is considered the received protected method.

5. The right to the security document, the rights following from registration of the request right of possession and the rights following from the security document can be transferred by the security document fully or partially to other person.

6. Legal protection according to this Law is not provided to the objects of industrial property recognized by the state confidential. The procedure for the address with secret sites of industrial property is determined by authorized body.

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