ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 5, 2022 No. 187

About approval of Rules of obligatory registration in authorized organization of mark and submission of data on the registered marks to authorized body

According to subitem 5-1) of article 4 of the Law of the Republic of Kazakhstan "About precious metals and gemstones" PRIKAZYVAYU:

1. Approve the enclosed Rules of obligatory registration in authorized organization of mark and submission of data on the registered marks to authorized body.

2. To provide to committee of industrial development of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order is entered after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of April 5, 2022 No. 187

Rules of obligatory registration in authorized organization of mark and submission of data on the registered marks to authorized body

Chapter 1. General provisions

1. These rules of obligatory registration in authorized organization of mark and submission of data on the registered marks to authorized body (further – Rules) are developed according to subitem 5-1) of article 4 of the Law of the Republic of Kazakhstan "About precious metals and gemstones" and determines procedure for obligatory registration in the upolnochenny organization of mark and submission of data on the registered marks to authorized body.

2. In these rules the following basic concepts are used:

1) mark – the special sign put on jewelry and other products from precious metals and gemstones and certifying the manufacturer jewelry and other products from precious metals and gemstones;

2) jewelry and other products from precious metals and gemstones (further – jewelry and other products) – products, except for coins from precious metals, made of gemstones, precious metals and their alloys with use of different types of art processing, with inserts from gemstones and other materials of natural or artificial origin or without them, applied as various jewelry, utilitarian household items and (or) to the cult and decorative purposes;

3) subjects of production of jewelry and other products (further – the subject) – the individual entrepreneurs and legal entities performing production of jewelry and other products;

4) authorized body – the central executive body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the field of regulation of production of precious metals and turnover of precious metals and gemstones, the primary goods containing precious metals, jewelry and other products;

5) authorized organization – the legal entity accredited according to the legislation of the Republic of Kazakhstan on accreditation in the field of assessment of conformity on conducting examination.

Chapter 2. Procedure for obligatory registration in the upolnochenny organization of mark and submission of data on the registered marks to authorized body

3. Subjects for obligatory registration of mark for the jewelry and other products made by it address to authorized organization.

4. For obligatory registration of mark the subject represents to authorized organization:

1) the statement in form according to appendix 1 to these rules;

2) copies of constituent documents for legal entities;

3) copies of the identity certificate of the individual entrepreneur or head of the legal entity;

4) reference or copy of the certificate on state registration (re-registration) of the legal entity, certificate on state registration of the individual entrepreneur.

5. The authorized organization based on the submitted documents, stipulated in Item 4 these rules, enters data on the submitted application in the magazine of registration of statements in form, according to appendix 2 to these rules.

6. In case of representation of incomplete document package according to item 4 of these rules, the authorized organization notifies the subject within 1 (one) working day from the date of receipt of the statement.

In this case the subject supplements documents and provides in authorized organization.

7. The authorized organization within 1 (one) working day from the date of provision of complete document package appropriates to the subject the code of mark and directs to the applicant of the data on the appropriated code of mark to the e-mail address specified in the statement of the subject.

In the code of mark in encrypted form there is information on year of production of product, code of the region of finding of the subject according to appendix 3 to these rules.

8. For determination of compliance of the put codes, the subject represents to authorized organization mark print sample within 5 (five) working days. At the same time the sample of print of mark is put down accurate, not deformed and containing all signs of the appropriated code.

In case of low-quality production of print of mark (the indistinct, deformed or containing not all elements (signs) the authorized organization refuses its registration.

If the mark is put down by different methods (mechanical, electrospark, laser), on the polished plate the print of mark is put down using each method of putting down of mark.

9. After representation of sample of print of mark within 1 (one) working day the certificate in form, according to appendix 4 to these rules is issued to the subject.

10. The mark is effective within calendar year in which it was registered. Upon termination of mark effective period it is liable to destruction by the subject.

11. The examinations revealed during prints of the unregistered marks on jewelry and other products are liable to destruction by authorized organizations.

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