The agreement between the Government of the Republic of Uzbekistan and the Government of the Republic of Kazakhstan on cooperation in the field of protection of industrial property
of June 2, 1997
The government of the Republic of Uzbekistan and the Government of the Republic of Kazakhstan which are hereinafter referred to as with "Parties"
in view of historically developed relations between two states,
understanding need of legal protection of objects of industrial property for development of stable and trusting relationships,
understanding feasibility of creating favorable conditions for protection and use of the rights of authors and owners of security documents to objects of industrial property,
recognizing benefits of patent integration and feasibility of carrying out coordinated policy in the field of protection of industrial property,
agreed as follows:
The parties perform and develop cooperation in the field of protection and use of the rights to inventions, industrial designs, trademarks and other objects of industrial property on the basis of mutual advantage and equality according to this agreement and other international treaties which participants they are or will be.
The cooperation of the Parties will be directed on:
settlement, connected with protection and use of the rights to objects of industrial property;
harmonization of national legal acts in the field of protection of industrial property;
mutual simplification of the procedure of giving and consideration of requests for issue of security documents of applicants of the Republic of Uzbekistan in the Republic of Kazakhstan and applicants of the Republic of Kazakhstan in the Republic of Uzbekistan;
exchange of information, regulating and other documents, and also experience and specialists in the field of protection of industrial property.
In the field of protection of industrial property physical persons and legal entities of one state will use the same rights and benefits which are granted now in the territory of other state or own physical persons and legal entities will be provided by legal acts of this other state to its own physical persons and legal entities, and also the same legal remedies on the same bases and in the same amount, as. At the same time on the questions which are not settled by this agreement, the Parties will apply provisions of the Parisian Convention on protection of the industrial property reviewed in Stockholm on July 14, 1967.
Each of the Parties will take the necessary measures providing:
recognition of reality in the territory of earlier issued security documents of the former USSR on objects of industrial property,
transformation of copyright certificates of the former USSR on inventions and certificates of the being USSR on industrial designs in national patents for remaining period of action,
payment to authors of remuneration for use of the inventions and industrial designs protected by copyright certificates and certificates of the former USSR according to legal acts of that state in which the specified use took place,
provision to applicants of both states and their patent agents of the right to draw up requests for issue of national security documents and the petition on transformation of security documents of the former USSR to national security documents, and also to correspond, connected with these requests and petitions, in Russian.
Any physical person or legal entity of the Republic of Uzbekistan or the Republic of Kazakhstan keeps right to use of the invention or industrial design without the conclusion of the license agreement if use of this invention or industrial design legally began before date of submission by other persons of the petition for issue of the national patent for the invention or industrial design on which or on which the copyright certificate or the certificate of the former USSR is granted.
At the same time payment to authors of remunerations is made according to the procedure, established by legal acts of the state in the territory of which the specified invention or industrial design is worked or will be worked.
The parties assume liability about inclusion in bilateral agreements about economic, trade, industrial, scientific and technical cooperation of regulations on ensuring protection of objects of industrial property.
In case of submission of requests for issue of security documents, receipt of security documents and maintenance them in force patent agents of both states on the basis of the principle of reciprocity can run business directly with patent authorities of these states, representing at the same time the interests only of national applicants. National applicants of one state according to the procedure, determined by its legal acts, are also granted the right on the basis of the principle of reciprocity to run business on receipt of security documents and their maintenance in force is direct with patent authority of other state.
The application for issue of the security document from applicants of one state submitted to patent authority of other state will be accepted in the presence of data on application in national patent authority.
Payment of duties on submission of requests, issue of security documents, their maintenance in force and making of other legally significant actions connected with protection and use of industrial property and also introduction of payments for rendering other services is made in the currency and the sizes provided by legal acts of the Republic of Uzbekistan and the Republic of Kazakhstan for payment of duties and payments by national applicants on the rate established by competent authorities of the Republic of Uzbekistan and the Republic of Kazakhstan.
Physical persons and legal entities of one state will use in the territory of other state the patent funds, libraries, databanks relating to industrial property on the same conditions, as national physical persons and legal entities.
All documents directed by the Parties each other during implementation of this agreement are represented in Russian.
Patent authorities of the Parties are responsible for implementation of this agreement:
in the Republic of Uzbekistan - the State patent authority of the State committee of the Republic of Uzbekistan on science and technology,
in the Republic of Kazakhstan - the Patent agency of the Ministry of Economy and Trade of the Republic of Kazakhstan (Казпатент).
The procedure and conditions of cooperation of patent authorities of both states will be determined by special agreements between them.
In case of disagreements on the questions following from this agreement or connected with its accomplishment, agents of the parties will hold the corresponding consultations and will make necessary efforts for achievement of settlement of these disagreements.
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