Order of the Minister of Justice of the Republic of Kazakhstan "About approval of standards of the state services in the sphere of industrial property"

The document ceased to be valid since October 30, 2018 according to Item 2 of the Order of the Minister of Justice of the Republic of Kazakhstan of October 11, 2018 No. 1481

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2015 No. 251

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

(as amended on 20-12-2017)

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" PRIKAZYVAYU:

1. Approve:

1) the standard of the state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property" according to appendix 1 to this order;

2) the standard of the state service "Registration of License, Sublicense Agreements" according to appendix 2 to this order;

3) the standard of the state service "Certification of Candidates for Patent Agents" according to appendix 3 to this order;

3-1) standard of the state service "Issue of the Certificate of the Patent Agent" according to appendix 3-1 to this order;

4) the standard of the state service "Registration of the Trademark" according to appendix 4 to this order;

5) the standard of the state service "Right to Use Registration by the Name of the Place of Goods Origin" according to appendix 5 to this order;

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

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

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

9) the standard of the state service "Patent Grant on Selection Achievement" according to appendix 9 to this order.

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) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions and the Information system of law of Ad_let, and also in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) 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 of the Republic of Kazakhstan.

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

It is approved

Minister of investments and development of the Republic of Kazakhstan

"___" _________ 2015

___________ A. Isekeshev

It is approved

Minister of national economy of the Republic of Kazakhstan

___________ E.Dosayev

May 22, 2015

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2015 No. 251

Standard of the state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property"

Chapter 1. General provisions

1. The state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property" (further – the State service).

2. The standard of the state service (further – the Standard) is developed by the Ministry of Justice of the Republic of Kazakhstan (further – the Ministry).

3. The state service appears the Ministry (further – the Service provider).

Reception of an application and issue of result of rendering the state service is performed through:

1) the Republican state company "National Institute of Intellectual Property" of the Ministry (further – the Expert organization);

2) the web portal of "the electronic government" www.egov.kz (further – the Portal).

Chapter 2. Procedure for rendering the state service

4. Term of rendering the State service:

1) from the date of receipt of the statement - within 40 (forty) working days.

If in the materials of the agreement enclosed to the application there is no document confirming payment of conducting examination, the invoice for payment is made out the applicant. In this case the specified terms are estimated from the date of payment receipt in the expert organization. Payment is made in case of filing of application or within one month from receipt date of the statement.

In case of non-presentation of the document on payment in a month the statement is recognized not given.

In case of violation of requirements to document creation or availability of the bases interfering registration of the agreement, but which can be eliminated, by the service provider to uslugopoluchatel the inquiry with the offer within three-months term from the date of its sending is sent to submit the absent or corrected documents or to make necessary changes and additions.

In this case terms of conducting examination are in essence estimated from the date of submission of the absent or corrected documents;

2) the most allowed time of expectation for delivery of document package – 30 (thirty) minutes;

3) the most allowed time of servicing – 30 (thirty) minutes.

5. Form of rendering the state service: electronic (partially automated) and (or) paper.

6. Result of rendering the state service – state registration of the contract with the put-down stamp with registration date and agreement number 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 10 these standards of the state service.

In case of the address on the portal – the certificate of state registration of the agreement or the motivated answer of refusal in registration of the agreement.

7. The state service is rendered on paid basis to legal entities and physical persons (further – Uslugopoluchatel).

For services of the expert organization for rendering this state service payment, in the amount of, No. 368 established according to the order of the Minister of Justice of the Republic of Kazakhstan of December 18, 2014 "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" of the Ministry of Justice of the Republic of Kazakhstan" is levied (it is registered in the Register of state registration of regulatory legal acts at No. 10045).

For registration of the agreement the state fee according to article 539 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)" in the amount of 150 percent from monthly settlement indicator is collected.

In case of submission of the electronic request for receipt of the state service through the portal, payment is performed through payment gateway of "the electronic government" (further – PShEP) or through banks of the second level.

The bank details necessary for payment of the state fee and services of the expert organization are specified in appendix 1 to this Standard.

8. Working schedule:

1) the service provider – Monday through Friday inclusive from 09-00 till 18-30 o'clock with lunch break from 13:00 till 14:30 o'clock, except days off and holidays according to the labor law of the Republic of Kazakhstan;

2) the expert organization – Monday through Friday inclusive from 09-00 till 18-30 o'clock with lunch break from 13:00 till 14:30 o'clock, except days off and holidays according to the labor law of the Republic of Kazakhstan;

3) the portal – round the clock (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of applications and issue of result of rendering the state service is performed the next working day).

The state service is rendered in turn, without making an appointment and the accelerated servicing.

9. The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) behind registration of the contract of assignment of exclusive right the trademark:

1) the statement for registration of agreements on concession of the rights to the trademark and objects of industrial property (further - the statement) in form, according to appendix 2 to this Standard;

2) originals of the agreement supplied with the title page and executed in the Kazakh and Russian languages in four copies. Each copy of the agreement shall be stitched, is fastened with paper seal on which entry about the number of the strung together and numbered sheets is made, the impress of a seal and the signature of both parties or persons of both parties authorized on that is put down.

Instead of originals of the agreement notarially attested copies of the agreement can be provided;

3) the power of attorney in case of filing of application through the patent agent or other representative;

4) the document confirming fee of the expert organization;

5) the document confirming payment of the state fee;

6) for national uslugopoluchatel: the decision of governing bodies of the owner of the security document or exclusive rights, general meeting of founders or shareholders concerning the conclusion of the agreement and provision of powers on agreement signature by the director.

The statement and other necessary documents are submitted in the Kazakh and Russian languages. Foreign names and names of legal entities shall be specified in the Kazakh and Russian transliteration. The documents specified in subitems 2), 3) of this Item can be submitted in foreign language on condition of simultaneous giving of their notarially zasvidetelstvenny translation on Kazakh and Russian.

In case of the request for registration of the contract of assignment of exclusive right for the trademark, one of the parties of which the physical person or legal entity of the foreign State Party of the Singapore agreement on the laws according to trademarks of March 27, 2006 is (further – the Singapore agreement) the documents specified in subitems 2), 3) of this Item can be provided on Kazakh or Russian, their translation on Kazakh or Russian can be certified by the notary or to the patent agent representing the applicant; instead of the documents specified in the subitem 2) of this Item four copies of notarially attested agreement extract reflecting change of the owner of the trademark can be provided; the document specified in the subitem 6) of this Item is not provided.

The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) behind registration of the contract of assignment of exclusive right for the trademark for the portal:

1) the statement in electronic form, the uslugopoluchatel certified by the digital signature or one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal;

2) the electronic copy of the original of the agreement supplied with the title page and executed in the Kazakh and Russian languages, stitched, fastened with paper seal on which record about the number of the strung together and numbered sheets is made the impress of a seal and the signature of both parties or persons of both parties authorized on that are put down.

Instead of the electronic copy of the original of the agreement the electronic copy of notarially attested copy of the agreement can be provided;

3) the electronic copy of the power of attorney in case of filing of application through the patent agent or other representative;

4) the electronic copy of the document confirming fee of the expert organization;

5) the electronic copy of the document confirming payment of the state fee, except for payments through PShEP;

6) for national uslugopoluchatel: the electronic copy of the decision of governing bodies of the owner of the security document or exclusive rights, general meeting of founders or shareholders concerning the conclusion of the agreement and provision of powers on agreement signature by the director.

Electronic copies of the application and other necessary documents are represented in the Kazakh and Russian languages. Foreign names and names of legal entities shall be specified in the Kazakh and Russian transliteration. Electronic copies of the documents specified in subitems 2), 3) of this Item can be submitted in foreign language on condition of simultaneous submission of the electronic copy of their notarially zasvidetelstvenny translation on Kazakh and Russian.

In case of the request for registration of the contract of assignment of exclusive right for the trademark, one of the parties of which the physical person or legal entity of the foreign State Party of the Singapore agreement electronic copies of the documents specified in subitems 2), 3) of this Item is can be provided on Kazakh or Russian, their translation on Kazakh or Russian can be certified by the notary or to the patent agent representing the applicant; instead of the documents specified in the subitem 2) of this Item the electronic copy of notarially attested agreement extract reflecting change of the owner of the trademark can be provided; the document specified in the subitem 4) of this Item is not provided.

1) statement;

2) originals of the agreement in the Kazakh and Russian languages which subject are uniform objects of industrial property, in four copies, supplied with the title page. Each copy of the agreement is stitched, fastened with paper seal on which entry about the number of the strung together and numbered sheets is made, the impress of a seal and the signature of persons of both parties authorized on that or uslugopoluchatel is put down.

Instead of originals of the agreement notarially attested copies of the agreement can be provided;

3) the power of attorney in case of filing of application through the patent agent or other representative;

4) the document confirming fee of the expert organization;

5) the document confirming payment of the state fee;

In case of the request for registration of the contract of assignment of exclusive right for selection achievement instead of the documents specified in the subitem 2) of this Item notarially attested agreement extracts reflecting the fact of transfer of the right can be provided.

2) the electronic copy of the original of the agreement supplied with the title page and executed in the Kazakh and Russian languages, stitched, fastened with paper seal on which record about the number of the strung together and numbered sheets is made is put down impress of a seal and the signature of both parties or persons of both parties authorized on that.

Instead of the electronic copy of the original of the agreement the electronic copy of notarially attested copy of the agreement can be provided;

3) the electronic copy of the power of attorney in case of filing of application through the patent agent or other representative;

4) the electronic copy of the document confirming fee of the expert organization;

5) the electronic copy of the document confirming payment of the state fee, except for payments through PShEP;

Instead of the electronic copy of originals of the agreement the electronic copy of notarially attested copy of the agreement can be provided;

3) the electronic copy of the power of attorney in case of filing of application through the patent agent or other representative;

4) the electronic copy of the document confirming fee of the expert organization;

5) the electronic copy of the document confirming payment of the state fee;

In case of the request for registration of the contract of assignment of exclusive right for selection achievement instead of the document specified in the subitem 2) of this Item the electronic copy of notarially attested agreement extract reflecting the fact of transfer of the right can be provided.

10. The bases for refusal in registration of the contract of assignment of exclusive right for the trademark are:

1) cancellation of registration of the trademark concerning which the agreement is signed and is absent possibility of its recovery;

2) non-presentation in the three-months time of all required materials and data at the request of the Expert organization;

3) absence at the parties of the necessary rights to the conclusion of the agreement.

The bases for refusal in registration of the contract of assignment of exclusive right for the invention, useful model, industrial design, selection achievement are:

1) cancellation of the security document concerning which the agreement is signed;

2) non-presentation of timely reply to the request of the Expert organization within three months;

3) absence in reply to the request of the Expert organization of all necessary data and documents.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of the service provider and (or) his officials concerning rendering the state services

11. Appeal of decisions, actions (failure to act) of the service provider and (or) his officials concerning rendering the state services:

the claim is submitted addressed to the head of the service provider to the address specified in Item 13 of this Standard.

The claim is submitted in writing by mail or purposely through office of the service provider, and also through the portal.

In necessary cases the uslugopoluchatel to the claim attaches the documents confirming low-quality rendering the state service by the service provider.

Confirmation of adoption of the claim is registration (stamp, the entering number and date) in office of the service provider with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint.

In case of the address through the portal information on procedure for appeal can be obtained by phone Single contact center 1414, 8 800 080 7777.

The claim of uslugopoluchatel which arrived to the service provider is subject to consideration within five working days from the date of its registration. The motivated answer about results of consideration goes to uslugopoluchatel by means of mail service or is issued purposely in office of the service provider.

When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "private office" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration of the claim).

In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is considered within fifteen working days from the date of its registration.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel has the right to take a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements taking into account features of rendering the state service including rendered electronically

13. Addresses of places of rendering the state service are placed on Internet resource of the service provider – www.adilet.gov.kz, the Section "State Services", on the official site of the expert organization www.kazpatent.kz.

14. Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of availability of the digital signature or use of the one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal.

15. Uslugopoluchatel has possibility of receipt of information on the status of rendering the state service by means of portal "private office".

16. Contact telephone numbers of service desks concerning rendering the state service: 8 (7172) 74 07 54, 74 09 69, 74 96 60. Single contact center - 1414, 8 800 080 7777.

Appendix 1

to the Standard of the state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property"

Bank details necessary for payment of the state fee

The beneficiary - 6205 Management of state revenues on Esilsky district

Department of state revenues on the city of Astana of Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan

BIN - 081240013779

IIK - KZ24070105KSN0000000

BIC - KKMFKZ2A

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