ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 12, 2014 No. 103

About approval of Regulations of the state services in the sphere of industrial property

According to the subitem 2) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", PRIKAZYVAYU:

1. Approve:

1) Regulations of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property", according to appendix 1 to this order;

2) Regulations of the state service "State Registration of License, Sublicense Agreements, Agreements on the Payments Connected with Use of Objects of Industrial Property", according to appendix 2 to this order;

3) Regulations of the state service "State Registration and Certification of Patent Agents", according to appendix 3 to this order;

4) Regulations of the state service "Issue of the Certificate on the Trademark" according to appendix 4 to this order;

5) Regulations of the state service "Issue of the Certificate on the Name of the Place of Goods Origin", according to appendix 5 to this order;

6) Regulations of the state service "Patent Grant on Industrial Design", according to appendix 6 to this order;

7) Regulations of the state service "Patent Grant on Useful Model", according to appendix 7 to this order;

8) Regulations of the state service "Patent Grant on the Invention", according to appendix 8 to this order;

9) Regulations of the state service "Issue of the Innovative Patent", according to appendix 9 to this order;

10) Regulations of the state service "Patent Grant on Selection Achievement", according to appendix 10 to this order.

2. To impose control of execution of this order on the chairman of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan.

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

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of March 12, 2014 No. 103

Regulations of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property"

1. General provisions

1. These Regulations of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property" appear Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (further - the service provider) through the Republican state company "National Institute of Intellectual Property" of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (further - the expert organization).

The state service is rendered based on the standard of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property" No. 92 approved by the order of the Government of the Republic of Kazakhstan of February 13, 2014 (further - the standard).

2. Form of the rendered service - paper.

3. Rendering the state service state registration of the contract with the put-down stamp with registration date and the current issue of the agreement issued on paper or the motivated answer in writing about refusal in rendering the state service in cases and on the bases, stipulated in Item is result of the 10th standard.

4. Terms of rendering the state service are specified in item 4 of the standard.

2. The description of operations procedure of structural divisions in the course of rendering the state service

1. The basis for the procedure (action) of the service provider for rendering the state service is in case of the appeal of uslugopoluchatel to the expert organization - the written application about registration of the contract of assignment for objects of industrial property (further - the statement) in form according to appendix 2 to the standard, with appendix of document package provided in Item 9 of the standard.

2. Procedures (action) which are part of process of rendering the state service:

1) registration of a statement by the employee of office of the expert organization in the departmental automated information system "National Institute of Intellectual Property" (further - AIS "NIIS");

2) consideration of the application by the head of the expert organization;

3) consideration of the application by the employee of the expert organization legal support divisions and examination of agreements;

4) consideration of the expert opinion by the employee of the service provider;

5) entering of data on results of the state service by the employee of the expert organization into the state register, the publication in the statement;

6) direction of result of rendering the state service to uslugopoluchatel.

The scheme of receipt of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property" in case of the address to the service provider is provided, in appendix 1 to these Regulations.

3. The description of order of interaction of structural divisions (workers) in the course of rendering the state service

1. The list of structural divisions (workers) of the service provider who participate in process of rendering the state service:

1) employee of Office of the expert organization;

2) legal support division and examinations of agreements;

3) management of the state registers and publication;

4) employee of Office of the service provider;

6) employee of the service provider.

2. The employee of office of the expert organization accepts the documents specified in Item 9 of the standard at uslugopoluchatel, issues it the copy of the application with indication of number, date and time of reception of an application, surname, name, in the presence of middle name of the employee of office of the expert organization who adopted the statement on document creation and transfers the accepted documents to management of the expert organization during the working day;

The management of the expert organization considers and distributes within one working day the statement in structural division legal support division and examinations of agreements for execution.

The legal support division and examinations of agreements within fifteen working days from receipt date of the statement carries out preliminary expert examination of the arrived documents during which availability of necessary documents and observance of the requirements established to them is checked, in case of absence in the materials of the agreement of the document confirming payment of conducting examination enclosed to the application, the invoice for payment is made out uslugopoluchatel. In this case the specified terms are estimated from the date of payment receipt in the expert organization.

In twenty-day time expertize in essence during which studying of materials of the agreement on transfer of the right to objects of industrial property by results of which is carried out is carried out the expert opinion on registration or on refusal in registration of the contract of assignment, the objects of industrial property connected with use is taken out.

Within two working days after pronouncement of the conclusion the expert organization sends this conclusion to the service provider with indication of causes of failure.

In case of positive result of examination the expert organization within five working days sends to the service provider the conclusion about lack of the bases interfering registration of the agreement on transfer of the right.

The service provider within five working days from the moment of receipt of the conclusion of the expert organization makes the decision on registration or motivated refusal in registration of the agreement on transfer of the right and sends to the expert organization, for the further direction to uslugopoluchatel.

The expert organization performs issue of result of rendering the state service or the motivated letter on refusal to uslugopoluchatel purposely or through postal service.

The scheme of functional interaction between structural divisions are specified in appendix 2 to these regulations.

4. The description of order of interaction with service center of the population and (or) other service providers, and also procedure for use of information systems in the course of rendering the state service

The service provider in the course of rendering the state service does not interact with service center of the population and (or) other service providers.

Appendix 1

to Regulations of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property"

The scheme of receipt of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property" in case of the address to the service provider

Appendix 2

to Regulations of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property"

Scheme of functional interaction between structural divisions

Appendix 2

to the Order of the Minister of Justice of the Republic of Kazakhstan of March 12, 2014 No. 103

Regulations of the state service "State Registration of License, Sublicense Agreements, Agreements on the Payments Connected with Use of Objects of Industrial Property"

1. General provisions

1. These Regulations of the state service "State Registration of License, Sublicense Agreements, Agreements on the Payments Connected with Use of Objects of Industrial Property" appear Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (further - the service provider) through the Republican state company "National Institute of Intellectual Property" of Committee on intellectual property rights of the Ministry (further - the expert organization).

The state service is rendered based on the standard of the state service "State Registration of License, Sublicense Agreements, Agreements on the Payments Connected with Use of Objects of Industrial Property" No. 92 approved by the order of the Government of the Republic of Kazakhstan of February 13, 2014 (further - the standard).

2. Form of the rendered state service - paper.

3. Rendering the state service state registration of the contract with the put-down stamp with registration date and the current issue of the agreement issued on paper or the motivated answer in writing about refusal in rendering the state service in cases and on the bases, stipulated in Item is result of the 10th standard.

4. Terms of rendering the state service are specified in item 4 of the standard.

2. The description of operations procedure of structural divisions in the course of rendering the state service

1. The basis for the procedure (action) of the service provider for rendering the state service is in case of the appeal of uslugopoluchatel to the expert organization the written application about registration of the license or sublicense agreement (further - the statement) in form according to appendix 2 to the standard, with appendix of document package provided in Item 9 of the standard.

2. Procedures (action) which are part of process of rendering the state service:

1) registration of a statement by the employee of office of the expert organization in the departmental automated information system "National Institute of Intellectual Property" (further - AIS "NIIS");

2) consideration of the application by the head of the expert organization;

3) consideration of the application by the employee of the expert organization legal support divisions and examination of agreements;

4) consideration of the expert opinion by the employee of the service provider;

5) entering of data on results of the state service by the employee of the expert organization into the state register, the publication in the statement;

6) direction of result of rendering the state service to uslugopoluchatel.

The scheme of receipt of the state service "State Registration of License, Sublicense Agreements, Agreements on the Payments Connected with Use of Objects of Industrial Property" in case of the address to the service provider is given in appendix 1 to these Regulations.

3. The description of order of interaction of structural divisions (workers) in the course of rendering the state service

1. The list of structural divisions (workers) of the service provider who participate in process of rendering the state service:

1) employee of Office of the expert organization;

2) legal support division and examinations of agreements;

3) management of the state registers and publication;

4) employee of Office of the service provider;

6) employee of the service provider.

2. The employee of office of the expert organization accepts the documents specified in Item 9 of the standard at uslugopoluchatel, issues it the copy of the application with indication of number, date and time of reception of an application, surname, name, in the presence of middle name of the employee of office of the expert organization who adopted the statement on document creation and transfers the accepted documents to management of the expert organization during the working day;

The management of the expert organization considers and distributes within one working day the statement in structural division legal support division and examinations of agreements for execution.

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