ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 18, 2015 No. 165

About approval of Rules of the address with secret sites of industrial property

According to Item 6 of article 5 of the Law of the Republic of Kazakhstan "the Patent Law of the Republic of Kazakhstan", Item 3 of article 7 of the Law of the Republic of Kazakhstan "About judicial authorities", PRIKAZYVAYU:

1. Approve the enclosed Rules of the address with secret sites of industrial property.

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 and its official publication in information system of law of Ad_let and in periodic printing editions;

2) placement of this order on official 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.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of March 18, 2015 No. 165

Rules of the address with secret sites of industrial property

1. General provisions

1. These rules of the address with secret sites of industrial property (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 15, 1999 "About the state secrets" (further - the Law on the state secrets) and the Law of the Republic of Kazakhstan of July 16, 1999 "The patent law of the Republic of Kazakhstan" (further - the Patent law) and determine procedure for the address with secret sites of industrial property in the course of consideration of requests for objects of industrial property in case of reference them to confidential.

2. Objects of industrial property in these rules are understood as inventions, useful models and industrial designs.

2. Procedure for the address with secret sites of industrial property

3. The request for issue of the security document for object of industrial property (further - the application) is submitted to the expert organization of authorized body of the Ministry of Justice of the Republic of Kazakhstan in the sphere of protection of inventions, useful models, industrial designs (further - the expert organization) and is considered according to the Patent law and these rules.

4. The request which arrived in the expert organization is considered regarding availability in it of the data constituting the state secrets according to the departmental lists of the data which are subject to classification, developed and accepted by state bodies (further - departmental lists of the data which are subject to classification).

5. In case of establishment in the request of the data constituting the state secrets according to the offer of the expert organization by authorized body in the sphere of protection of inventions, useful models, industrial designs (further - authorized body) the interdepartmental commission for secret sites of industrial property (further - the Commission) with the invitation of specialists of the relevant state bodies within whose competence the classification of the corresponding object of industrial property is, determined according to the Presidential decree of the Republic of Kazakhstan of April 13, 2000 "About approval of the List of officials of the state bodies given authority on reference of data to the state secrets of the Republic of Kazakhstan" is formed.

6. The commission within five working days determines state body within which competence the classification of object of industrial property is, and no later than ten working days from receipt date of the request directs it the corresponding materials of the request for decision making about classification of object of industrial property according to the Instruction for providing the mode of privacy in the Republic of Kazakhstan approved by the Government of the Republic of Kazakhstan (further - the Instruction).

In case of decision making about classification of object of industrial property, to the applicant the adequate notice goes.

7. According to the arrived request for issue of the security document for the secret site of industrial property according to which need of classification is confirmed expertize is carried out by the expert organization according to the Patent law in accordance with the established procedure. At the same time requirements of regulatory legal acts for conducting examination of requests for unclassified objects of industrial property are applied to establishment of date of giving and priority, procedure for conducting examination. Objects of industrial property are coded according to the Law on the state secrets, based on the Instruction and departmental lists of the data which are subject to classification.

The classification of objects of industrial property for the purpose of preserving trade secret or for other motives which are not connected with preserving the state secrets is not allowed.

8. The state body which coded object of industrial property sends the notification on adoption of such decision to the Ministry of Justice of the Republic of Kazakhstan.

9. In case of decision making about refusal in classification of object of industrial property, the request is considered according to the legislation in the sphere of protection of inventions, useful models, industrial designs. In this case consideration term, respectively, is prolonged for working hours of the commission.

10. Disputes on wrongful acts over classification of object of industrial property are considered judicially.

11. Legal protection is not provided to the objects of industrial property recognized by the state confidential.

The specified secret sites of industrial property are state-owned property according to provisions of article 3 of the Law on the state secrets.

Protection and procedure for the address of secret sites of industrial property is performed by authorized body according to requirements of the legislation in the sphere of protection of the state secrets.

3. Change of degree of privacy and declassification of object of industrial property

12. Change of degree of privacy and declassification of object of industrial property, change and removal of security classifications, and also transfer of data on secret sites of industrial property are performed according to the Law on the state secrets.

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