ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2012 No. 91

About approval of Rules of creation, registration and consideration of the request for industrial design, entering of data into the state register of industrial designs of the Republic of Kazakhstan, and also issue of the security document

According to item 4 of article 19 of the Law of the Republic of Kazakhstan of July 16, 1999 "the Patent Law of the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve the enclosed Rules of creation, registration and consideration of the request for industrial design, entering of data into the state register of industrial designs of the Republic of Kazakhstan, and also issue of the security document.

3. To provide to committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order and its official publication.

4. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Order of the Minister of Justice of the Republic of Kazakhstan of February 24, 2012 No. 91

Rules of creation, registration and consideration of the request for industrial design, entering of data into the state register of industrial designs of the Republic of Kazakhstan, and also issue of the security document

1. General provisions

1. These rules of creation, registration and consideration of the request for industrial design, entering of data into the State register of industrial designs of the Republic of Kazakhstan, and also issue of the security document (further - Rules) are developed according to item 4 of article 19 of "The patent law of the Republic of Kazakhstan" of the Law of the Republic of Kazakhstan (further - the Law) and determine procedure for creation, registration and consideration of the request for industrial design, entering of data into the state register of industrial designs of the Republic of Kazakhstan (further - the State register), and also issues of the security document.

2. In these rules the following concepts and terms are used:

1) World Intellectual Property Organization the international organization in the field of protection of intellectual property (further - VOIS);

2) the bulletin - the statement "Industrial Property of the Republic of Kazakhstan" (further - the Bulletin);

3) the conventional request - the application submitted according to the Parisian convention on protection of industrial property of March 20, 1883;

4) the International codes of INID - digital codes for identification of the bibliographic data relating to industrial designs (further - INID);

5) the request - the request for patent grant for industrial design (further - the request);

6) the International classification of industrial designs - the classification of industrial designs accepted by the Lokarnsky Agreement of October 8, 1968 (further - MKPO);

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

8) the expert organization - the organization subordinated to authorized body performing activities in the spheres referred to the state monopoly (rendering services in the field of protection of inventions, useful models, industrial designs);

9) authorized body - Ministry of Justice of the Republic of Kazakhstan.

2. Procedure for creation and execution of the request for industrial design

3. The application is submitted by person having the right to the patent for industrial design (further - the Applicant):

1) author (authors) of industrial design;

2) the employer if the industrial design is office;

3) the legal successor, including person who acquired the appropriate right according to the procedure of concession;

4) jointly persons, the provided this Item, on condition of consent between them.

The right to application and receipt of the patent for office industrial design belongs to the employer if other is not provided in the contract between him and the worker.

The right to application and receipt of the patent for the industrial design created by the author and not connected with accomplishment of the service duties by it or the specific task received from the employer, and also not connected with use of information, material, technical and other means of the employer, belongs to the author if other is not provided by the contract between the author and the employer.

Confirmation of the right to application by any document is not required.

4. Application is performed by the applicant independently or through the patent agent, or through other representative with provision of the power of attorney.

Powers of the patent agent or other representative make sure the power of attorney issued by the applicant, the patentee.

5. The request contains:

1) the petition of the Republic of Kazakhstan on industrial design (further - the statement) (in 3 copies) in form, according to appendix to these rules;

2) set of product (products) or prototype, suitable for reproduction of the images, giving complete detailed idea of the declared sample (samples) (general view - 8 copies, additional types - in 4 copies);

3) the description of industrial design including the list of its essential signs (in 2 copies);

4) the power of attorney, in case of record keeping through the representative;

5) the document confirming payment of application in sizes according to the order of the Minister of Justice of the Republic of Kazakhstan of December 18, 2014 No. 368 "About price approval for the works and services realized by the republican state company on the right of economic maintaining "National institute of intellectual property" (it is registered in the Register of state registration of regulatory legal acts No. 10045), confirming the bases for reduction of its size which are represented together with the request or within two months from receipt date of the request.

On condition of the corresponding payment term is prolonged, but no more than for two months.

In case of non-presentation of documents on payment during fixed term, the request is recognized not given.

The request for volume industrial design is submitted with contents of the image of general view of product in foreshortening 3/4 in front, the left-side views, on the right, behind, from above, from below.

Images provide exhaustive submission of all solution of appearance of product.

The front views and behind are sufficient for products of clothing industry (on dummy).

For plane industrial design represent plan view. Plane industrial designs of textile products on the image are represented with the repeating rapport.

The art and design solution of set (set) of products is submitted with the image of general view of all set (set) in general allowing to consider form of each of the products entering set. Each product entering set is in addition presented on separate images in all forms.

For the characteristic of art and design solutions of sets or sets of products in addition to the signs used for the characteristic of art and design solutions of the corresponding products the signs reflecting are used:

nature of interaction of parts;

hierarchy of elements;

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