Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

The document ceased to be valid since  July 3, 2015 according to Item 1 of the Joint Order of the Minister of Education and Science of the Republic of Kazakhstan, the Minister of investments and development of the Republic of Kazakhstan, the Minister of Energy of the Republic of Kazakhstan and the Minister of Justice of the Republic of Kazakhstan of July 3, 2015 No. 438, on July 16, 2015 No. 762, on July 10, 2015 No. 477, on September 15, 2015 No. 497

JOINT ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN, MINISTER OF THE INDUSTRY AND TRADE OF THE REPUBLIC OF KAZAKHSTAN, MINISTER OF ENERGY AND MINERAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN, MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

of April 6, 2004 No. 91, on April 6, 2004 No. 79, on April 6, 2004 No. 79, on April 6, 2004 No. 290

About approval of the Instruction for application of evaluation methods of intellectual property in case of implementation of scientific research, and also when entering intellectual property into the authorized capital of legal entities, including under the organization of venture productions

For the purpose of realization of Item 5.3.2.1 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 No. 712-1, of PRIKAZYVAYEM:

1. Approve the enclosed Instruction for application of evaluation methods of intellectual property in case of implementation of scientific research, and also when entering intellectual property into the authorized capital of legal entities, including under the organization of venture productions.

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 Education and Science of the Republic of Kazakhstan Bekturganov N. S., Vice-Minister of the industry and trade of the Republic of Kazakhstan Isekeshev A. O., first Vice-Minister of Energy and Mineral Resources of the Republic of Kazakhstan Izmukhambetov B. S.

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

 

Minister of Justice of the Republic of Kazakhstan

O. Zhumabekov

Minister of the industry and trade of the Republic of Kazakhstan

A. Dzhaksybekov

Minister of Energy and Mineral Resources of the Republic of Kazakhstan

B. School student

Minister of Education and Science of the Republic of Kazakhstan

Zh. Kulekeev

Approved by the joint order of the Minister of Justice of the Republic of Kazakhstan of April 6, 2004 No. 91, of the Minister of Education and Science of the Republic of Kazakhstan of April 6, 2004 No. 290, of the Minister of the industry and trade of the Republic of Kazakhstan of April 6, 2004 No. 79, of the Minister of Energy and Mineral Resources of the Republic of Kazakhstan of April 6, 2004 No. 79 "About approval of the Instruction for application of evaluation methods of intellectual property in case of implementation of scientific research, and also when entering intellectual property into the authorized capital of legal entities, including under the organization of venture productions"

The instruction for application of evaluation methods of intellectual property in case of implementation of scientific research, and also when entering intellectual property into the authorized capital of legal entities, including under the organization of venture productions

1. General provisions

2. In this Instruction the following basic concepts are used:

1) security documents - provisional patents and patents for inventions, industrial designs, patents for useful models, selection achievements, certificates on trademarks or service marks, names of places of goods origin;

2) the final size of project cost of assessment - assessment project cost size received as result of the generalization of results of calculations of project cost of assessment proved by the appraiser when using various approaches and evaluation methods;

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

4) license remuneration - compensation for provision of the rights to use licenses, "noukhaa" and others, being subject of the license agreement;

5) lump-sum payment - the certain, strictly fixed in the agreement amount of license remuneration which can be paid as in one-time procedure, and by installments;

6) royalty - the regular percentage allocations established in the form of certain fixed rates and paid by the licensee through the certain approved periods.

3. Obligatory assessment of intellectual property is carried out:

1) for privatization;

2) for the redemption and withdrawal of property at the owner for the state needs;

3) for cost determination of property of the debtor when he or the claimant object to assessment made by the legal executive.

4. Initiative assessment of intellectual property is carried out:

1) in case of implementation of scientific research, including under the organization of venture productions;

2) in case of development of innovative projects;

3) for calculation of remuneration of the authors who created intellectual property item;

4) in case of concession of the rights to intellectual property items;

5) in case of determination of form and size of license remuneration in case of assignment of rights according to the license agreement;

6) for attraction of investment resources;

7) when entering intellectual property into the authorized capital of legal entities, including under the organization of venture productions;

8) for receipt of the credit on the security of exclusive rights;

9) in other cases.

2. Approaches to assessment of intellectual property

5. The market or other value other than market is established by application of evaluation methods which are grouped in the specifics in profitable, costly and comparative approaches.

6. The choice of specific evaluation methods is determined by the purposes of assessment and available or available basic data. In case of application of each approach economic and legal service life of intellectual property items are considered.

7. The basic is the income approach. The cost approach is used as auxiliary and in cases when it is difficult to estimate object by means of income approach. Application of comparative approach is limited in view of uniqueness of intellectual property items and lack of information on commercial transactions with intellectual property items.

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