JOINT ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN MINISTER OF THE INDUSTRY AND TRADE OF THE REPUBLIC OF KAZAKHSTAN

of September 6, 2004 No. 255, on September 1, 2004 No. 08-1/206, of September 1, 2004 No. 708 of September 2, 2004 No. 236

About approval of Rules of patent and legal examination of the scientific and technical projects realized with use of means (grants) of the foreign and international organizations

For the purpose of realization of Item 5.3.2.11 of the Actions plan for 2003-2005 on strategy implementation of the industrial and innovative development of the Republic of Kazakhstan for 2003-2015 approved by the order of the Government of the Republic of Kazakhstan of July 17, 2003 of N 712-1, PRIKAZYVAYEM:

1. Approve the enclosed Rules of patent and legal examination of the scientific and technical projects realized with use of means (grants) of the foreign and international organizations.

2. To impose control of execution of this Order on the Vice-Minister of Justice of the Republic of Kazakhstan Asanov Zh. K., Vice-Minister of Foreign Affairs of the Republic of Kazakhstan Onzhanov N. B., Vice-Minister of Education and Science of the Republic of Kazakhstan Bekturganov N. S. and Vice-Minister of the industry and trade of the Republic of Kazakhstan Isekeshev A. O.

3. This Order becomes effective from the date of its official publication.

No. 708 of the Minister of the industry and trade of September 2, 2004 in No. 236 are approved by the joint order of the Minister of Justice of the Republic of Kazakhstan of September 6, 2004 No. 255 of the Minister of Foreign Affairs of the Republic of Kazakhstan of September 1, 2004 No. 08 1/206 of the Minister of Education and Science of September 1, 2004

Rules of patent and legal examination of the scientific and technical projects realized with use of means (grants) of the foreign and international organizations

Chapter 1. General provisions

1. These rules of patent and legal examination of the scientific and technical projects realized with use of means (grants) of the foreign and international organizations (further - Rules), are developed according to the Actions plan for 2003-2005 on strategy implementation of industrial and innovative development of the Republic of Kazakhstan for 2003-2015 approved by the order of the Government of the Republic of Kazakhstan of July 17, 2003 N 712-1.

2. Rules determine procedure for carrying out and the basic principles of patent and legal examination of the scientific and technical projects realized with use of means (grants) of the foreign and international organizations.

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

1) patent and legal examination - the complex analysis of results of intellectual activities on legal security according to regulations of the legislation of the Republic of Kazakhstan;

2) grant - money and other property donated and it is irretrievable on carrying out specific scientific research on the conditions provided by the contract between grantors and grantees;

3) the agreement on grant - the agreement (agreement) signed between the grantor and the grantee about voluntary and irretrievable conveyance of money or other property on carrying out specific scientific research;

4) the grantor - the international and foreign organizations providing grants according to the signed agreement on grant;

5) the grantee - the physical persons and legal entities of the Republic of Kazakhstan accepting grant and disposing of it according to the signed agreement on grant;

6) the scientific and technical project - the document including content of expected scientific and technical work, representing scientific, scientific and technical, scientific and educational, developmental, marketing researches with reasons for the purpose and tasks, relevance, novelty, the scientific and practical importance and feasibility of carrying out planned activities;

7) results of scientific and technical activities (further - RNTD) the results received in the course of accomplishment of the scientific and technical project, including intellectual property, results of engineering and design activities;

8) the expert - person having special knowledge in the field of intellectual property.

Chapter 2. Conducting patent and legal examination of the scientific and technical projects realized with use of means (grants) of the foreign and international organizations

4. Expertize is carried out by the applicant for receipt of grant.

For conducting examination the applicant for receipt of grant can address to the expert organization of authorized body in the sphere of protection of intellectual property rights.

5. The main objectives of examination is carrying out the objective and complex analysis for receipt of the conclusion about legal security of the intellectual property created in the course or/and as a result of implementation of scientific and technical projects with use of means (grants) of the grantor.

6. Conducting examination is based on the principles of the system organization of patent and legal examination, unity of normative and methodological providing and independence of participants of process of patent and legal examination.

7. Examination consists of two stages:

the first stage - examination of the scientific and technical project;

the second stage - examination of the report on the performed work on grant and documentary registration of experimental testimony of the scientific and technical project.

Chapter 3. First stage of examination

8. The first stage of examination is carried out before receipt of grant and includes three main stages:

1) analysis of the scientific and technical project;

2) carrying out patent researches;

3) conclusions about the rights to prior RNTD, is represented by the applicant for receipt of grant on subject of grant to the period to the conclusion of the agreement on grant.

9. When carrying out the analysis of the scientific and technical project determine:

1) purposes and project tasks;

2) main directions of the project;

3) technological level.

10. If applicant for receipt of grant is the state organization or the state organization participates in development of RNTD, patent researches shall be approved by authorized body of the applicant for receipt of grant.

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