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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2015 No. 103

About approval of regulations of time for works (services) performed by experts of the republican state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan

According to Item 2 of Article 117 of the Labor code of the Republic of Kazakhstan of May 15, 2007 and Rules of representation, consideration and coordination of regulations of work and parameters on wages system of employees of the organizations, on services (goods, works) of which state regulation of rates (the prices, rates of charges) is entered, the No. 167-p approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of July 19, 2007 registered in the Register of state registration of regulatory legal acts for No. 4889, I ORDER:

1. Approve the enclosed regulations of time for works (services) performed by experts of the republican state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) after registration of this order to provide its official publication;

3) publication of this order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the Deputy minister of justice Azimova E. A.

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

Minister of Justice of the Republic of Kazakhstan

B. Imashev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 20, 2015 No. 103

Regulations of time for works (services) performed by experts of the republican state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan

1. General part

1. Regulations of time are intended for regulation of work of the workers who are carrying out works on consideration and examination of requests for issue of security documents on objects of industrial property and also for determination of the amounts of financing of activities for labor costs, forming of rates for the rendered services.

2. Are the basis for development of regulations of time:

1) time observations and technical calculations;

2) regulations on structural divisions;

3) job descriptions of workers;

4) the regulating documents regulating activities of employees of the Republican state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan (further - RGP "NIIS" of MYU of RK);

Regulations of time for the works performed by experts of the Republican state state company "National Institute of Intellectual Property" of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan;

1) the analysis of the existing labor organization;

2) technology of performance of works;

3) cost analysis of working hours on work types on processing and consideration of materials on issue of security documents on objects of industrial property according to the sequence specified in time cards.

3. The standard rate contains time regulations in hours on the accepted work amount unit of measure.

4. Regulations of time were established on carrying out expert works on one request containing one object of industrial property. By consideration of the request containing more than one object of industrial property, time for consideration and examination increases, at the same time correction coefficients (Kpr) on work costs, according to appendix to regulations of time for works (services) which are carried out by experts of the state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan are applied to the established regulations of time.

By consideration of the request containing group of inventions:

for the first object the correction coefficient of 1,0 is applied;

for each subsequent object of 0,8.

By consideration of the request containing two and more options:

for the first option the correction coefficient of 1,0 is applied;

for each subsequent 0,8 option.

By consideration of the request containing over one class:

for the first class the correction coefficient of 1,0 is applied;

for each subsequent class 0,8.

5. Regulations of time are developed taking into account:

The labor code of the Republic of Kazakhstan of May 15, 2007;

The patent Law of the Republic of Kazakhstan, of July 16, 1999;

The law of the Republic of Kazakhstan "About trademarks, service marks and names of places of goods origin", of July 26, 1999;

The law of the Republic of Kazakhstan "About protection of selection achievements", of July 13, 1999;

The law of the Republic of Kazakhstan "About protection of topology of integrated chips", of June 29, 2001;

The law of the Republic of Kazakhstan "About the electronic document and the digital signature", of January 7, 2003;

The rule of creation, registration and consideration of the request for the trademark, the document approved by the order of the Minister of Justice of the Republic of Kazakhstan of February 24, 2012 (further - the Order No. 89);

Rules of creation, registration and consideration of the request for the invention, entering of data into the state register of inventions of the Republic of Kazakhstan, and also issue of the security document approved by the order No. 89;

Rules of creation, registration and consideration of the request for useful model, entering of data into the state register of useful models of the Republic of Kazakhstan, and also issue of the security document approved by the Order No. 89;

Rules of creation, registration and consideration of the request for industrial design, introduction of data the Order of the Minister of Justice of the Republic of Kazakhstan of February 24, 2012 No. 91;

Rules of giving and consideration of the request for patent grant on selection achievement, are approved by the order of the Chairman of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan of October 14, 2004;

The standard of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property", is approved by the order of the Government of the Republic of Kazakhstan of February 13, 2014.

6. In regulations of time time for preparatory and final works, servicing of workplace, rest and personal needs, in the amount of 10% of operational time is considered.

Calculation of regulations of time is carried out on formula:

Формула 1 к Приказу от 20.02.2015 №103

where:

Nvr - time regulation;

Top - operational time;

To - the amount of time for preparatory and final works, servicing of workplace, rest and personal needs, % of operational time.

7. Performance of works by contractors of other official cannot form the basis for any changes of regulations of time.

8. For the works which are not provided in these regulations of time and also in case of implementation of more progressive regulations, than it is provided in regulations of time, labor organization, regulations of time should be reviewed and entered according to the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of July 19, 2007 No. 167-p.

2. Labor organization

9. Arrangement and activities of employees of RGP "NIIS" of MYU of RK is regulated by regulations on divisions, the job descriptions constituted according to the Job evaluation catalog of positions of heads, specialists and other employees, No. 201-o-m approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of May 21, 2012 (it is registered in the Ministry of Justice of the Republic of Kazakhstan on June 25, 2012 No. 7755, is published in "The legal newspaper" of 14.08.12, 15.08.12, 16.08.12, 17.08.12, 21.08.12, 22.08.12, 23.08.12, 24.08.12, 28.08.12, 29.08.12, 30.08.12, 04.09.12, 05.09.12, 06.09.12, 07.09.12, 11.09.12 No. 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135 (2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313, 2314, 2315, 2316, 2317).

10. The workers who are carrying out works on consideration of application materials on issue of security documents on objects of industrial property are guided by the Civil code of the Republic of Kazakhstan, legal acts of the Republic of Kazakhstan and international treaties and agreements in which the Republic of Kazakhstan, in the field of protection of industrial property, and also orders, rules, standards of the Ministry of Justice of the Republic of Kazakhstan uchuvstvut.

11. Depending on amount of works certain site of work is assigned to employee group or one worker.

12. In case of job sharing between contractors it is necessary to consider their qualification, experience and business qualities that promotes acceleration of task performance by contractors.

13. The document is oriented to complex of organizational specifications of work which are provided by possibility of normal working conditions, according to the Labor law of the Republic of Kazakhstan.

14. The layout of production rooms ensures effective functioning with materials of requests, their storages, possibility of acceptance of visitors for carrying out consultations, expert meetings.

15. The workplace of the worker is equipped with the computer equipment which is switched on in single technological network.

Appendix

to Regulations of time for works (services) performed by experts of the state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan

Time regulations which are carried out by experts of the state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan

No. of payment order

Name of regulations of time

Time regulation man-hour (further - h-hour)

1

Time regulations on order taking for objects of industrial property (further - OPS) (inventions, useful models, industrial designs, selection achievements, trademarks and names of places of goods origin) (further - IZ, PM, PO, SD, TZ and NMPT)

1,329

2

Regulations of time for works on conducting formal examination on the invention

2,670

3

Regulations of time for works on conducting examination of the request for useful model

7,580

4

Regulations of time for works on conducting formal examination of the request for industrial design

2,690

5

Regulations of time for works on conducting formal examination of the request for selection achievement (preliminary expert examination)

3,451

6

Regulations of time for works on processing, check and transfer of the International request

2,339

7

Regulations of time for works on processing, check and transfer of the Eurasian request

1,416

8

Regulations of time for works on conducting examination on the substance of the request for IZ

18,713

9

Regulations of time for works on conducting examination on the substance of the request for industrial design

9,916

10

Time regulations on introduction of changes / the same changes in request materials

1,060

11

Regulations of time for works on transformation of the request for the invention to the request for useful model or the request for useful model in the request for the invention

0,507

12

Regulations of time for works on issue of the security document and the certificate of the author, including the publication of data on issue

1,409

13

Regulations of time for works on preparation for issue of the duplicate of the security document and publication of data on its issue

0,514

14

Regulations of time for works on preparation for issue of the duplicate of the certificate of the author and publication of data on its issue

0,484

15

Regulations of time for works on preparation for issue of the duplicate

Appendices to the security document on IZ, PM, PO, SD

0,678

16

Regulations of time for works on renewal of the security document as a result of introduction of error correction, allowed because of the applicant, including the publication of data on renewal

0,704

17

Regulations of time for works on introduction of changes / the same changes in the security document, the state registers of IZ, PM, PO, SD

1,040

18

Regulations of time for works on issue of statements, references from the State registers of inventions, useful models, industrial designs, selection achievements, TZ, NMPT (for each object)

0,951

19

Regulations of time for works on prolongation of effective period of the security document, including the publication of data on prolongation of the innovative patent, the provisional patent, the patent for useful model, the patent for the invention, industrial design, selection achievement, TZ, NMPT

0,858

20

Regulations of time for works on recovery of effective period of the security document, including the publication of data on prolongation of the innovative patent, the provisional patent, the patent for useful model, the patent for the invention, industrial design, selection achievement, TZ, NMPT

0,881

21

Regulations of time for works on order taking with purchase of conventional priority after fixed term

1,026

22

Regulations of time for works on the introduction in national phase of the international request after the term established by the agreement on patent cooperation (RUTI)

1,305

23

Regulations of time for works on prolongation of term of representation of the translation of documents of the request on Kazakh or Russian

0,962

24

Regulations of time for works on carrying out information search for determination of level of the equipment for the purpose of assessment of patentability of IZ, PM, PO

26,402

25

Regulations of time for works on prolongation of terms of submission of required documents

0,556

26

Regulations of time for works on recovery of terms of provision of reply to the request of examination and payment

0,605

27

Regulations of time for works on carrying out search of patent documentation, numerical/nominal

5,062

28

Regulations of time for works on maintenance of the security document PZ, PO, PM, SD, TZ, NMPT in force at the scheduled time

1,323

29

Regulations of time for works on conducting formal examination of the request for registration of trademarks, service marks and name of places of goods origin

1,583

30

Regulations of time for works on conducting formal examination of the request for registration of the collective trademark

1,287

31

Regulations of time for works on conducting examination of the request for registration of the trademark to three classes of the international classification of goods and services

3,753

32

Regulations of time for works on conducting examination of materials of the request for registration and/or provision of right to use of NMPT

1,982

33

Regulations of time for works on allocation of the request for the trademark on classes at the initiative of the applicant

0,893

34

Regulations of time for works on transformation of the request for the trademark to the collective trademark and vice versa

1,239

35

Regulations of time for works on acceptance of the international request according to the Madrid agreement

1,329

36

Regulations of time for works on preparation for issue of the certificate (the duplicate of the certificate), including the publication of data on issue

0,977

37

Regulations of time for works on preparation for issue of the duplicate of Appendix to the certificate on the trademark, including the publication of data on issue

0,554

38

Regulations of time for works on introduction of changes / the same changes in the state registers of the protected trademarks, service marks and NMPT, in certificates on the trademark and on right to use of NMPT

1,179

39

Regulations of time for works on prolongation of term of reply to the request for every month

0,998

40

Regulations of time for works on consideration of objections on the decision on preliminary refusal in registration

1,265

41

Regulations of time for works on prolongation of submission due date of objection on the solution of examination for every month

0,937

42

Regulations of time for works on recovery of the passed term of reply to the request, payment, giving of objection from the applicant

1,028

43

Regulations of time for works on carrying out preliminary search of designation concerning one verbal or graphic designation on one class of the international qualifier of goods and services (further - MKTU) with provision of the report on search

1,845

44

Regulations of time for works on provision of listings on the designations given in the report on the search including reproduction of sign, the information about the owner of sign and the list of goods and services on classes MKTU in addition on each designation given in the report on search

0,664

45

Regulations of time for works on carrying out search works on registered trade marks (except for search on identity and similarity)

0,928

46

Regulations of time for works on preparation of the list of goods and services according to the international classification of goods and services

1,322

47

Regulations of time for works on transfer, execution of the statement for modification of the international request

2,611

48

Regulations of time for works on acceptance and conducting examination of agreements on concession of the right to OPS / on receipt of the security document / on conducting examination of contracts of pledge for OPS/on conducting examination of the agreement on provision of the complex entrepreneurial license for OPS

2,777

49

Regulations of time for works on acceptance of the request for provision of the open license

0,920

50

Regulations of time for works on conducting examination of supplementary agreements, including the publication of data

2,673

51

Regulations of time for works on the publication at the request of the parties (party) of the registered agreement of the certificate on its termination

0,705

52

Regulations of time for works on carrying out various search works in registers of the registered contracts of assignment or license agreements

0,964

53

Regulations of time for works on consideration of the request with participation of the applicant

1,100

54

Regulation of time for works on production, assurance of the copy of the request (priority document), agreement

0,594

55

Regulation of time for works on production of the copy of materials of the request

0,024

56

Regulation of time for works on assurance of signatures of the physical persons which are one of the parties or the parties of the registered agreement

0,689

57

Time regulation on payment confirmation

0,776

58

Time regulation on reoffsetting of payments

0,709

59

Time regulations on preparation for implementation of the statement, the annual index and the annual statement


1)

Regulations of time for works on forming of the statement

5,903

2)

Regulations of time for works on preparation of the statement and descriptions to security documents

10,062

3)

Regulations of time for works on statement updates

4,437

4)

Regulations of time for works on updates of the annual index and annual statement

1,772

5)

Regulations of time for works on updates of descriptions of inventions to the publication

0,691

6)

Regulations of time for works on implementation of databases of security documents of the Republic of Kazakhstan, the full text database (further - DB) "Security documents according to inventions and useful models" (1 object, 1 year)

1,510

7)

Regulations of time for works on implementation of databases of security documents of the Republic of Kazakhstan, bibliographic DB of "Security documents" (1 object, 1 year)

2,990

8)

Regulations of time for works on implementation of the statement "Industrial property" on CD - disk

7,340

9)

Regulations of time for works on implementation of the Annual statement

1,918

10)

Regulations of time for works on implementation of the statement "Industrial property" implementation of the annual index to the bulletin "Industrial property"

3,023

11)

Regulations of time for works on implementation of the Intellectual Property of Kazakhstan magazine

3,565

Work costs

1. Time regulations on order taking for OPS (IZ, PM, PO, SD, TZ and NMPT)

No. of payment order

Work content

Unit of measure

Operational time Top (hour)

Time regulation, in h-hour

1

2

3

4

5

1

Acceptance of the request on paper including:




1.1

acquaintance with the provided request materials (the addressee, signatures, seals, etc.)

document

0,049

0,053

1.2

miscalculation of number of sheets

document

0,010

0,011

1.3

registration stamp prostanovka with indication of the entering number and registration date

document

0,008

0,009

1.4

scanning of materials of the request (automatic scanner)

page

0,002

0,002

1.5

scanning of materials of the request on the hand scanner

page

0,024

0,026

1.6

adjustment of the scanned document

page

0,004

0,005

1.7

registration of the document in the database of the automated information system of National institute of intellectual property (further - DB of "AIS NIIS") with indication of the addressee, the number of sheets, the summary, determination of the contractor, the name, the address

request

0,043

0,047

1.8

transfer on DB of "AIS NIIS" on the following stage

request

0,009

0,010

1.9

Transfer of incoming correspondence on managements, including:




1.9.1

register seal on managements

document

0,030

0,033

1.9.2

entering into DB of "AIS NIIS" of resolutions of management, control completion dates

document

0,014

0,015

1.9.3

document transfer to contractors with finding of the entering number in the general register and receipt of the signature of the contractor

document

0,014

0,015

1.9.4

filing of documents in the corresponding folders

document

0,020

0,022

2

In case of electronic acceptance of materials of the request, including:




2.1

acceptance of the scanned version of the document

document

0,003

0,003

2.2

order form seal

document

0,008

0,009

2.3

creation of the register on availability of all sent documents

document

0,037

0,041

2.4

miscalculation of number of pages, electronic material of the request

document

0,003

0,003

2.5

entering of these materials of the request in DB of "AIS NIIS" with indication of the addressee, the number of sheets, the summary, determination of the contractor, the name, the address

document

0,020

0,022

2.6

register seal

document

0,008

0,009

3

Acceptance of the request from office, logging of accounting of management

request

0,017

0,018

3.1

forming, editing the register of the entering / outgoing correspondence in DB of "AIS NIIS"

request

0,124

0,136

3.2

transfer of incoming documents to experts of management, the signature in the magazine of registration about receipt of the document

request

0,014

0,015

3.3

binding of additional materials of the request to earlier submitted application

request

0,025

0,027

3.4

streamlining of materials of the request according to requirements

request

0,020

0,022

3.5

insertion of materials of the request

request

0,030

0,033

4

Registration of requests including:




4.1

verification of the request (the number of pages, the addressee, addresses, the name) in DB of "AIS NIIS"

request

0,094

0,103

4.2

assignment of registration number to the request with indication of request type, putting down of receipt date and requisition number

request

0,036

0,039

5

Request re-registration

request

0,087

0,096

6

Forming of case on requests with appendix of the inventory of the arrived documents

request

0,147

0,162

7

Creation of the internal list of documents in DB of "AIS NIIS" with indication of the number of pages and copies

request

0,052

0,058

8

Recognition of the scanned document in the Fine Reader program, binding of the recognizable text options in references of the document (the description, the drawing, formula, the paper)

request

0,112

0,123

9

Filling of these requests, including:




9.1

forming of the database of requests, including input of registration requisition number, receipt date of the request, the declared classes of the international patent qualifier (further - MPK), the international qualifier of industrial designs (further - MKPO) or MKTU, names of subject of the name of applicants and its location, the address for correspondence, First Name, Middle Initial, Last Name, authors, the information about the representative of the applicant, conventional priority, request specifying, data on availability of materials of the request and the number of their sheets, mark of data on sending to the applicant of one copy the statement on application, and also input of other data specified in the statement for application

request

0,065

0,071

10

Transfer of one drawn-up copy of the application on application in office for sending to the applicant, including creation of the register on sending to DB of "AIS NIIS"

request

0,032

0,036

11

Entering into the magazine of registration of requests of data (registration requisition number, receipt date, names of the applicant, country code, date of sending statement, additional information)

request

0,026

0,029

12

Document handling completion, including:




12.1

transfer of requests and outgoing correspondence on the following stage on DB of "AIS NIIS"

request

0,021

0,023


TOTAL:


1,208

1,329

2. Regulations of time for works on conducting formal examination on the invention

No. of payment order

Work content

Unit of measure

Operational time Top (hour)

Time regulation, in h-hour

1

2

3

4

5

1

Check of compliance of payment to the established sizes

request

0,012

0,013

2

Check of observance of requirements to execution of requisitioning instruments - descriptions, formulas, drawings, the paper

request

0,039

0,043

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