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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 14, 2024 No. 139

About approval of the professional standard in the sphere of industrial property of the Ministry of Justice of the Republic of Kazakhstan

According to Item 5 of article 5 of the Law of the Republic of Kazakhstan "About professional qualifications" PRIKAZYVAYU:

1. Approve the professional standard "Activities for Examination of Objects of Industrial Property" according to appendix to this order.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) within five calendar days after signing of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" the Ministries 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;

2) placement of this order on 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 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.

Minister of Justice of the Republic of Kazakhstan

A. N. Eskarayev

It is approved

Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan

 

Appendix

to the Order of the Minister of Justice of the Republic of Kazakhstan of February 14, 2024 No. 139

Professional standard "Activities for Examination of Objects of Industrial Property"

Chapter 1. General provisions

1. According to Item 5 of article 5 of the Law of the Republic of Kazakhstan "About professional qualifications" the professional standard "Activities for Examination of Objects of Industrial Property" which is intended for determination of requirements to skill level, of competence is developed, to content, quality and working conditions of the specialists of the expert organization who are carrying out expertizes concerning objects of industrial property and it is applied in the field of intellectual property.

2. In this professional standard the following terms and determinations are used:

1) knowledge - the studied and acquired information necessary for accomplishment of actions within professional task;

2) skill - capability to apply knowledge and abilities, allowing to carry out professional task entirely;

3) intellectual property - exclusive right, and also the personal non-property rights to results of intellectual creative activities and means of individualization of participants of civil circulation, goods, works or services;

4) the professional standard - the written official document establishing general requirements to knowledge, abilities, skills, work experience taking into account formal and (or) informal, and (or) informalny education, to skill level and competence, content, quality and working conditions in specific area of professional activity;

5) profession - the occupation performed by physical person and requiring certain qualification for its accomplishment;

6) ability - capability physically and (or) intellectually to perform separate single operations within professional task;

7) industrial property - exclusive right on inventions, useful models, industrial designs, trademarks (service marks), geographical instructions, names of places of goods origin.

3. In this professional standard the following reducings are used:

ETKS - Single wage rate book of works and professions of workers;

KS - Job evaluation catalog;

ORK - Industry frame of qualification;

OKED - General state qualifier of types of economic activity.

Chapter 2. Passport of the professional standard

4. Name of the professional standard: "Activities for examination of objects of industrial property".

5. Code of the professional standard: M69109.

6. Instruction of section, the Section, group, class and subclass agrees OKED:

M - Professional, scientific and technical activity;

69 - Activities in the field of the right and financial accounting;

69.1 - Activities in the field of the right;

69.10 - Activities in the field of the right;

69.10.9 - other activities in the field of the right.

7. Short description of the professional standard: this standard describes requirements to specialists of the expert organization, carrying out expertizes concerning objects of industrial property.

Activities for examination of objects of industrial property are specialized area within which expert evaluations and researches concerning various intellectual property items are conducted. This area includes types of the examinations performed for the purpose of receipt of protection concerning intellectual property items.

Objects of industrial property can include:

inventions, useful models, industrial designs;

selection achievements;

trademarks (service marks);

geographical instructions;

names of places of goods origin, etc.

8. List of cards of professions:

The specialist in intellectual property - the 6th skill level on ORK.

Chapter 3. Cards of professions

9. Profession card "Specialist in intellectual property"

Group code

2611-3

Code of the name of occupation

2611-3-007

Name of profession

Specialist in intellectual property

Skill level on ORK

6

Qualification subtotal on ORK

-

Skill level on ETKC, KC, standard qualification characteristics

-

Level of professional education (specialty)

The higher education (6B042 right (law, international law), 6B053 physical and chemical sciences (physics) and/or postgraduate education

Connection with informal and informalny education

No.

Other possible names of professions

Intellectual property lawyer

Main objective of activities

Consideration of requests and conducting examination on objects of industrial property.

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