Unofficial translation
In accordance with subparagraph 2) of paragraph 2 of Article 4 of the Law of the Republic of Kazakhstan “Patent Law of the Republic of Kazakhstan” as of July 16, 1999, I hereby ORDER:
1. To approve the appended Rules for registration of the transfer of the exclusive right, the granting of the right to use industrial property, open or compulsory license in relevant state registers.
2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Department of Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan shall:
1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days of the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, send it in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this order on the official website of the Ministry of Justice of the Republic of Kazakhstan after its official publication.
3. Control over execution of this order shall be entrusted to the supervising Vice-minister of Justice of the Republic of Kazakhstan.
4. This order shall take effect ten calendar days after its first official publication.
|
Minister of Justice of the Republic of Kazakhstan |
M. Beketayev |
| Approved by the order of the Minister of Justice of the Republic of Kazakhstan dated August 29, 2018 No. 1347 |
Rules for registration of transfer of exclusive rights in relevant state registers, granting the
right to use an industrial property object, an open or compulsory license
Footnote. The Rules - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 21.04.2020 No. 11 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for registration of the transfer of exclusive rights in the relevant state registers, granting the right to use an industrial property object, an open or compulsory license (hereinafter - the Rules) are developed in accordance with the Laws of the Republic of Kazakhstan dated July 16, 1999 "Patent Law of the Republic of Kazakhstan", dated April 15, 2013 "On public services" (hereinafter - the Law on public services), which establish the procedure for registration in the State register of inventions, State Register of utility models, State register of industrial designs, transfer of exclusive rights, granting the right to use an industrial property object, an open or compulsory license, and also determine the procedure for provision of public services.
2. The following concepts are used in these Rules:
1) exclusive right - the proprietary right of the patentee to use the industrial property object in any way at his own discretion;
2) bulletin - an official periodical on the issues of protection of industrial property objects;
3) industrial property objects - inventions, utility models and industrial designs;
4) patentee - the owner of the title of protection;
5) patent attorneys - citizens of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, are granted the right to represent individuals and legal entities before the authorized body and expert organization;
6) the web portal of "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) - an information system that is a single window of access to all consolidated government information, including the regulatory legal framework, and to public services, services for the issuance of technical specifications for connection to the networks of natural monopoly entities and services of entities of quasi-public sector provided in electronic form;
7) payment gateway of "electronic government" (hereinafter - PGEG) - an information system that automates the processes of transferring information about making payments as part of provision of paid services rendered in electronic form;
8) electronic digital signature (hereinafter referred to as EDS) - a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its affiliation and invariability of its content.
Chapter 2. Procedure for registration of transfer of exclusive rights to industrial property
objects
3. The public service "Registration of transfer of exclusive rights to the trademark, selection achievement and facility of industrial property, as well as the topology of the integrated circuit" (hereinafter referred to as the public service) shall be provided by the Republican State Enterprise on the right of economic management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the service provider).
Footnote. Paragraph 3 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 508 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).4. To obtain a public service, a natural and/or legal person (hereinafter referred to as the service recipient) shall submit an application via the portal accompanied by the documents listed in paragraph 8 of the list of basic requirements for the provision of the public service “Registration of Transfer of Exclusive Rights to a Trademark, Selection Achievement and Industrial Property Object, as well as Integrated Circuit Topology” as per Appendix 1 (hereinafter referred to as the list), in the form of an electronic document signed by EDS, in compliance with Appendices 2 and 3 hereto.
Footnote. Paragraph 4 - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 876 dated 21.10.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).5. The list of basic requirements for the provision of a public service including the characteristics of the process, form, content and result of provision, as well as other details, considering the peculiarities of the provision of a public service is given in the list.
Payment is made by non-cash method through the payment gateway of a second-tier bank integrated with the information system of the service provider newcab.kazpatent.kz using the bank details specified in Appendix 4 (hereinafter Appendix 4) to these Rules.
When the service recipient sends an application through the portal, the status of accepting the request for provision of a public service is automatically displayed in the "personal account".
Footnote. Paragraph 5 as amended by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 876 dated 21.10.2022 (shall be enacted ten calendar days after the date of its first official publication).6. Application for registration and documents attached to it are submitted in the Kazakh or Russian languages. Foreign names and names of legal entities are indicated in the Kazakh or Russian transliteration.
Individuals permanently residing in the Republic of Kazakhstan, but temporarily outside its borders, can exercise their rights as an applicant, as well as the rights of an interested person without a patent attorney when specifying an address for correspondence within the Republic of Kazakhstan.
7. The application for the provision of public service shall be automatically assigned a registration number at the time of receipt by the service provider.
When the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the acceptance of applications and the issuance of the results of the provision of public service shall be carried out the next working day.
The service provider shall check the completeness of documents within two (2) working days from the date of registration.
If the service recipient submits an incomplete package of documents or there is no information necessary for the provision of the public service in accordance with these rules, the service provider shall send a notification to the service recipient within the terms specified in part three of this paragraph indicating which requirements the package of documents shall not meet.
The period for bringing the documents specified in the notification into compliance shall be 2 (two) working days from the date of receipt of the notification by the service provider.
If, within two (2) working days from the date of receipt of the notification, the service recipient has not brought it into compliance with the requirements, the service provider shall send a refusal to further consider the application in accordance with Annex 6 of the Rules.
The service provider shall receive information about the document confirming payment from the corresponding state information system through the "electronic government" gateway.
Based on the results of checking the relevant documents and payment, as well as in the absence of grounds for refusal, the service provider within 5 (five) working days shall prepare a notification on the provision of public service and shall send it to the "personal account" of the service recipient in electronic form in accordance with Annex 5 to these Rules.
When making a decision on refusal to provide a public service, the service provider shall within one (1) working day notify the service recipient of the preliminary decision on refusal to provide a public service, as well as the time and place (method) of hearing to enable the service recipient to express a position on the preliminary decision.
A notice of hearing shall be sent at least three (3) working days prior to the completion of the term of the public service. The hearing shall be held no later than two (2) working days from the date of notification.
Based on the results of the hearing, the service provider shall issue a permit or a reasoned refusal to provide public service.
Footnote. Paragraph 7 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 30.06.2021 № 550 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).8. In case of registration, the service provider publishes information in the bulletin on the registration of transfer of exclusive rights to industrial property objects.
9. The service provider shall ensure that data on the stage of provision of a public service is entered into the information system for monitoring the provision of public services under the procedure established by the competent authority in the field of informatisation, as per sub-paragraph 11) of Article 5 of the Law on State Services.
In case of amendments and (or) additions hereto, the competent authority shall forward information on such amendments and (or) additions to the operator of the information and communication infrastructure of the electronic government, to the Unified Contact Centre, to the service provider within 10 (ten) business days after the state registration of the relevant regulatory legal act with the justice authorities.
Footnote. Paragraph 9 - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 876 dated 21.10.2022 (shall become effective ten calendar days after the date of its first official publication).Chapter 3. Procedure for registration of granting rights to industrial property objects
10. The public service "Registration of granting the right to use the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit" (hereinafter referred to as the public service) shall be provided by the service provider.
Footnote. Paragraph 10 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 508 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).11. To obtain a public service, a natural and (or) legal person (hereinafter referred to as the service recipient) shall forward an application via the portal accompanied by the documents mentioned in paragraph 8 of the list of basic requirements for the provision of the public service “Registration of the Granting of the Right to Use a Trademark, Selection Achievement and Industrial Property Object, as well as Topology of an Integrated Circuit” as per Appendix 7 (hereinafter referred to as the list), in the form of an electronic document signed by EDS, in compliance with Appendices 8, 9 and 10 hereof.
Footnote. Paragraph 11 - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 876 dated 21.10.2022 (shall be put into effect ten calendar days after the date of its first official publication).12. The list of basic requirements for the provision of a public service, including the specifications of the process, form, content and result of provision, as well as other details, given the peculiarities of the provision of a public service, is given in the list.
Payment is made by non-cash method through the payment gateway of a second-tier bank integrated with the information system of the service provider newcab.kazpatent.kz using the bank details specified in Appendix 4 to these Rules.
When the service recipient sends an application through the portal, the status of accepting the request for provision of a public service is automatically displayed in the "personal account".
Footnote. Paragraph 12 as amended by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 876 dated 21.10.2022 (shall be enforced ten calendar days after the date of its first official publication).13. The application for registration and the documents attached to it are submitted in the Kazakh or Russian languages. Foreign names and names of legal entities are indicated in the Kazakh or Russian transliteration.
Individuals permanently residing in the Republic of Kazakhstan, but temporarily outside its borders, can exercise their rights as an applicant, as well as the rights of an interested person without a patent attorney when specifying an address for correspondence within the Republic of Kazakhstan.
14. The application for the provision of public service is automatically assigned a registration number at the time of receipt by the service provider.
When the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the acceptance of applications and the issuance of the results of the provision of public service are carried out the next working day.
The service provider shall check the completeness of documents within two (2) working days from the date of registration.
If the service recipient submits an incomplete package of documents or there is no information necessary for the provision of the public service in accordance with these rules, the service provider shall send a notification to the service recipient within the terms specified in part three of this paragraph indicating which requirements the package of documents shall not meet.
The period for bringing the documents specified in the notification into compliance shall be 2 (two) working days from the date of receipt of the notification by the service provider.
If, within two (2) working days from the date of receipt of the notification, the service recipient has not brought it into compliance with the requirements, the service provider shall send a refusal to further consider the application in accordance with Annex 13 of the Rule.
The service provider shall receive information about the document confirming payment from the corresponding state information system through the "electronic government" gateway.
Based on the results of checking the relevant documents and payment, as well as in the absence of grounds for refusal, the service provider within 5 (five) working days shall prepare a notification on the provision of public service and shall send it to the "personal account" of the service recipient in electronic form in accordance with Annexes 11, 12 to these Rules.
When making a decision on refusal to provide a public service, the service provider shall within one (1) working day notify the service recipient of the preliminary decision on refusal to provide a public service, as well as the time and place (method) of hearing to enable the service recipient to express a position on the preliminary decision.
A notice of hearing shall be sent at least three (3) business days prior to the completion of the term of the public service. The hearing shall be held no later than two (2) working days from the date of notification.
Based on the results of the hearing, the service provider shall issue a permit or a reasoned refusal to provide public service.
Footnote. Paragraph 14 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 30.06.2021 № 508 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).15. In case of registration, the service provider publishes information in the bulletin on the registration of granting the rights to industrial property objects.
16. Service provider ensures that data on the stage of provision of a public service are entered into the information system for monitoring the provision of public services in the manner established by the authorized body in the field of informatization, in accordance with subparagraph 11) of Article 5 of the Law on public services.
Chapter 4. Procedure for appealing decisions, actions (inaction) of the service provider and
(or) his officials on the issue of provision of public services
17. A complaint about the decision, actions (inaction) of employees of structural subdivisions of the authorized body shall be submitted to the head of the service provider and (or) to the authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the body considering the complaint) in accordance with the legislation of the Republic of Kazakhstan.
The consideration of a complaint regarding the provision of public services shall be carried out by a higher administrative body, an official, and a body considering the complaint.
Complaints shall be submitted to the service provider and (or) to the official whose decision, action (inaction) shall be appealed.
The service provider, an official whose decision, action (inaction) shall be appealed, shall, no later than three (3) working days from the date of receipt of the complaint, shall send it to the body considering the complaint.
At the same time, the service provider, official, decision, action (inaction) shall be appealed, does not send a complaint to the body considering the complaint, if within 3 (three) working days it takes a decision or an administrative action that fully meets the requirements specified in the complaint.
The complaint of the service recipient received by the service provider, in accordance with subparagraph 2) of paragraph 3 of Article 25 of the Law on Public Services, shall be subject to consideration within 5 (five) working days from the date of its registration.
The complaint of the service recipient received by the body considering the complaint shall be subject to consideration within 15 (fifteen) working days from the date of its registration.
Footnote. Paragraph 17 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 30.06.2021 № 550 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).18. In cases of disagreement with the results of the public service provided, the service recipient applies to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
Chapter 5. Procedure for registration of granting the right to an open or compulsory license
to an industrial property object
19. To grant the right to an open license, the patent holder shall submit to the Republican State Enterprise on the right of economic management "National Institute of Intellectual Property" (hereinafter referred to as the Republican state enterprise on the right of economic management "National Intellectual Property Institute") an application for granting any person the right to obtain a license to use an object of industrial property.
The Republican state enterprise on the right of economic management “National Intellectual Property Institute” shall publish information on the granting of an open license in the bulletin.
A person wishing to purchase the specified license shall enter into an agreement with the patent holder in writing. Disputes under the terms of the contract shall be considered in court in accordance with the current legislation.
Footnote. Paragraph 19 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 508 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).20. Based on the court's decision to grant a compulsory license to the Republican state enterprise on the right of economic management “National Intellectual Property Institute” shall enter the relevant information into the State Register and shall publish it. The date of registration shall be the date of the court decision.
Footnote. Paragraph 17 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 30.06.2021 № 550 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).| Appendix 1 to the Rules of registration in relevant state registers of transfer of exclusive rights, granting the right to use an industrial property object, an open or compulsory license |
|
| Document form |
List of basic requirements for the provision of a public service
“Registration of the Transfer of Exclusive Right to the Trademark, Selection Achievement, and Industrial Property Object, as well as Integrated Circuit Topology”
Footnote. Appendix 1 - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 876 dated 21.10.2022 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication).
1 | Name of the service provider | National Institute of Intellectual Property Republican State Enterprise on the Right of Economic Management of the Ministry of Justice of the Republic of Kazakhstan (hereinafter – NIIP RSE REM). |
2 | Ways of providing the public service | Via the e-government web portal: www.egov.kz (hereinafter referred to as the portal). |
3 | Term of rendering the public service | 10 (ten) business days |
4 | Form of public service provision | Electronic (fully automated) one |
5 | Result of providing a public service |
Notification of the registration of the transfer of exclusive rights to industrial property objects or a reasoned response on the refusal to render the public service. |
6 | The amount of payment charged from the service recipient when rendering a public service and ways of its collection in cases stipulated by the laws of the Republic of Kazakhstan | The public service shall be rendered on a paid basis pursuant to the Prices for Services in the Field of Protection of Industrial Property Objects, adopted under paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan “Patent Law of the Republic of Kazakhstan” and posted on the official websites of the competent authority www.adilet.gov.kz and the service provider www.kazpatent.kz. |
7 | Working hours |
of the Service Provider - from Monday to Friday, from 9.00 a.m. to 6.30 p.m. with a lunch break from 1.00 p.m. to 2.30 p.m., excluding weekends and public holidays under the Labour Code of the Republic of Kazakhstan (hereinafter - the Code) and the Law of the Republic of Kazakhstan “On Holidays in the Republic of Kazakhstan” (hereinafter - the Law). |
8 | List of documents and data required from the service recipient for rendering the public service |
1) an application of a natural person and (or) a legal entity for registration of transfer of the exclusive right to industrial property objects under an assignment/partial assignment agreement in electronic form as per the formsas set out in Appendices 2 and 3 hereto; |
9 | Grounds for refusal to provide a public service established by the laws of the Republic of Kazakhstan |
1) expiry of the term for restoration of the terminated exclusive right to the object; |
10 | Other requirements considering the specifics of the provision of a public service, including those provided in electronic form and via the State Corporation |
1) the service recipient may obtain information on the procedure and status of the provision of a public service in the remote access mode via the personal account of the portal, as well as the unified contact centre 1414, 8-800-080-7777; |
| Appendix 2 to the Rules of registration in relevant state registers of transfer of exclusive rights, granting the right to use an industrial property object, an open or compulsory license |
|
| Form |
APPLICATION
on transfer of exclusive rights under an assignment agreement
I ask you to register the transfer of exclusive rights under an assignment agreement
in relation to the title of protection (titles of protection) specified in
this application.
1. Name (names) and number (numbers) of the title of protection (titles of protection):
__________________________________________________________________________
2. Owner (full name, if any (hereinafter - full name) of an individual / name of a
legal entity1; legal address):
__________________________________________________________________________
3. Assignee (full name of an individual / name of a legal entity2;
legal address):
__________________________________________________________________________
4. Patent attorney or other representative of the applicant ________________________________________________________________________________
5. Address for correspondence, contact phone ________________________________________________________________________________
Appendixes:
√ Agreement on __ sheets;
√ Power of attorney confirming the authority of a patent attorney or other
authorized representative on __ sheets in __ copies;
√ A document confirming payment for the services of the service provider;
√ Other document (specify)
date EDS (full name)
(role)
| Appendix 3 to the Rules of registration in relevant state registers of transfer of exclusive rights, granting the right to use |
|
| an industrial property object, an open or compulsory license |
|
| Form |
APPLICATION
on transfer of exclusive rights under a partial assignment agreement
I ask to register the transfer of exclusive rights under a partial assignment agreement
in relation to the title of protection (titles of protection) specified in this application.
1. Name (names) and number (numbers) of the title of protection (titles of protection):
________________________________________________________________________
2. Owner (full name, if any (hereinafter - full name) of an individual /
the name of the legal entity3; legal address):
________________________________________________________________________
3. Assignee (full name of an individual / name of a legal entity4;
legal address): _______________________________________________________________________________
4. Patent attorney or other representative of the applicant
_________________________________________________________________________
5. The scope of the transferred rights provided for by the agreement
________________________________________________________________________
6. Address for correspondence, contact phone number
________________________________________________________________________
Appendixes:
√ Agreement on __ sheets;
√ Power of attorney confirming the authority of a patent attorney or other
authorized representative on __ sheets in __ copies;
√ A document confirming payment for the services of the service provider;
√ Other document (specify)
Date EDS (full name)
(role)
| Appendix 4 to the Rules of registration in relevant state registers of transfer of exclusive rights, granting the right to use an industrial property object, an open or compulsory license |
|
| Document form |
Bank details required for payment for the service provider's services
Footnote. Appendix 4 - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 876 dated 21.10.2022 (shall come into effect upon expiration of ten calendar days after the day of its first official publication).
Recipient: National Institute of Intellectual Property Republican State Enterprise on the Right of Economic Management of the Ministry of Justice of the Republic of Kazakhstan
Address: 8 non-residential premise, 57A Mangilik Yel Avenue, Yessil District, the city of Astana, 010000, Republic of Kazakhstan
BIN: 020940003199
Beneficiary code: 16
Payment purpose code: 859
Name of the bank, IIC, BIK (sort code): Nurbank Joint Stock Company KZ8584905KZ006015415NURSKZKX
Halyk Bank of Kazakhstan Joint Stock Company KZ386010111000288323 HSBKKZKX, KZ366017111000000792 HSBKKZKX
Bereke Bank Joint Stock Company KZ14914012203KZ0047J SABRKZKA
Branch of ForteBank Joint Stock Company in the city of Astana KZ1096503F0007611692IRTYKZKA
| Annex 5 to Rules for registration in the relevant state registers transfer of exclusive right, granting the right to using the facility of industrial property, open or compulsory license |
|
| Form |
Agreement registration number:
Date of registration of the agreement:
Patentee:
Assignee:
NOTICE
on the provision of the public service "Registration of the transfer of exclusive rights to the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit"
Footnote. Annex 5 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 508 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan notifies that in accordance with clause _ of article _ of the Patent Law of the Republic of Kazakhstan "On the Protection of Breeding Achievements," the agreement of the comprehensive entrepreneurial (sub) license on granting (not) an exclusive license for the use of selection achievements (s) No. _ is registered in the State Register of Breeding Achievements of the Republic of Kazakhstan.
(Electronic digital signature)
| Annex 6 to Rules for registration in the relevant state registers transfer of exclusive right, granting the right to using the facility of industrial property, open or compulsory license |
|
| Form |
Agreement registration number:
Date of registration of the agreement:
Patent Holder, Licensor (Sublicensor),
Comprehensive Licensor (Sublicensor):
Assignee, Licensor (Sublicensor):
Complex Licensee (Sublicensee):
MOTIVATED REFUSAL
further consideration of the application
Footnote. Annex 6 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 508 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
The Republican Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan reports that in connection with the ____________, according to Article 19 of the Law of the Republic of Kazakhstan "On Public Services," the application was refused further consideration.
(Electronic digital signature)
| Appendix 7 to the Rules of registration in relevant state registers of transfer of exclusive rights, granting the right to use an industrial property object, an open or compulsory license |
|
| Document form |
List of basic requirements for rendering a public service “Registration of Granting the Right to Use a Trademark, Selection Achievement and Industrial Property Object, as well as Topology of an Integrated Circuit”
Footnote. Appendix 7 - as reworded by order of the Acting Minister of Justice of the Republic of Kazakhstan No. 876 dated 21.10.2022 (shall take effect ten calendar days after the date of its first official publication).
1 | Name of the service provider | National Institute of Intellectual Property Republican State Enterprise on the Right of Economic Management of the Ministry of Justice of the Republic of Kazakhstan (hereinafter – NIIP RSE REM). |
2 | Ways of providing the public service | Via the e-government web portal: www.egov.kz (hereinafter referred to as the portal). |
3 | Term of rendering the public service | 10 (ten) business days |
4 | Form of public service provision | Electronic (fully automated) one |
5 | Result of providing a public service |
Notification on registration of granting of the right to industrial property objects or a motivated response on refusal to render the public service. |
6 | The amount of payment charged from the service recipient when rendering a public service and ways of its collection in cases stipulated by the laws of the Republic of Kazakhstan | The public service shall be rendered on a paid basis pursuant to the Prices for Services in the Field of Protection of Industrial Property Objects, adopted under paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan “Patent Law of the Republic of Kazakhstan” and posted on the official websites of the competent authority www.adilet.gov.kz and the service provider www.kazpatent.kz. |
7 | Working hours |
of the Service Provider - from Monday to Friday, from 9.00 a.m. to 6.30 p.m. with a lunch break from 1.00 p.m. to 2.30 p.m., excluding weekends and public holidays under the Labour Code of the Republic of Kazakhstan (hereinafter - the Code) and the Law of the Republic of Kazakhstan “On Holidays in the Republic of Kazakhstan” (hereinafter - the Law). |
8 | List of documents and data required from the service recipient for rendering the public service |
1) an application of a natural person and (or) legal entity for registration of granting the right to use an object of industrial property under a licensing agreement, an integrated business licence agreement or other agreement including the terms and conditions of the licensing agreement in electronic form in the forms as per Annexes 8, 9 and 10 hereto; |
9 | Grounds for refusal to provide a public service established by the laws of the Republic of Kazakhstan |
1) expiry of the term for restoration of the terminated term of the exclusive right to the object; |
10 | Other requirements considering the specifics of the provision of a public service, including those provided in electronic form and via the State Corporation |
1) the service recipient may obtain information on the procedure and status of the provision of a public service in the remote access mode via the personal account of the portal, as well as the unified contact centre 1414, 8-800-080-7777; |
| Appendix 8 to the Rules of registration in relevant state registers of transfer of exclusive rights, granting the right to use an industrial property object, an open or compulsory license |
|
| Form |
APPLICATION
on granting the rights under a license or sublicense agreement
I ask to register the granting of rights under a license or
a sublicense agreement in relation to a title of protection (titles of protection),
specified in this application.
1. Name (names) and number (numbers) of the title of protection (titles of protection):
________________________________________________________________________
2. Licensor (Sublicensor) (full name, if any (hereinafter - full name) of an individual /
the name of the legal entity5; legal address):
________________________________________________________________________
3. Licensee (Sublicensee) (full name of an individual / name of the legal entity6; legal address):
________________________________________________________________________
4. Patent attorney or other representative of the applicant
__________________________________________________________________________
5. The scope of the transferred rights, taking into account the types of use provided for by the agreement
__________________________________________________________________________
6. Address for correspondence, contact phone number
__________________________________________________________________________
Appendixes:
√ Agreement on __ sheets;
√ Power of attorney confirming the authority of a patent attorney or other
authorized representative on __ sheets in __ copies;
√ A document confirming payment for the services of the service provider;
√ Other document (specify)
date EDS (full name)
(role)
| Appendix 9 to the Rules of registration in relevant state registers of transfer of exclusive rights, granting the right to use an industrial property object, an open or compulsory license |
|
| Form |
APPLICATION
on granting the rights under a complex entrepreneurial license or sublicense (franchising)
agreement
I ask to register the granting of the rights under a complex
entrepreneurial license or sublicense (franchising) agreement in relation to the title of
protection (titles of protection) specified in this application.
1. Name (names) and number (numbers) of the title of protection (titles of protection):
________________________________________________________________________
2. Complex licensor (Complex sublicensor) (full name, if any (hereinafter - full name) of an
individual / name of the legal entity7; legal address):
________________________________________________________________________
3. Complex licensee (Complex sublicensee) (full name of an individual /
name of the legal entity8; legal address):
________________________________________________________________________
4. Patent attorney or other representative of the applicant
________________________________________________________________________
5. The scope of the transferred rights, taking into account the types of use provided for by the agreement
6. Address for correspondence, contact phone number
________________________________________________________________________
Appendixes:
√ Agreement on __ sheets;
√ Power of attorney confirming the authority of a patent attorney or other
authorized representative on __ sheets in __ copies;
√ A document confirming payment for the services of the service provider;
√ Other document (specify)
√ date EDS (full name)
(role)
| Appendix 10 to the Rules of registration in relevant state registers of transfer of exclusive rights, granting the right to use an industrial property object, an open or compulsory license |
|
| Form |
APPLICATION
on registration of an additional agreement to the license
(sublicense, complex entrepreneurial license) agreement
I ask to register an additional agreement to the license
(sublicense, complex entrepreneurial license) agreement concluded
in relation to the title of protection (titles of protection) specified in this application.
1. Name (names) and number (numbers) of the title of protection (titles of protection):
__________________________________________________________________________
__________________________________________________________________________
2. Registration number and date of registration of the agreement:
3. Licensor (Sublicensor, Complex Licensor) (full name
(if any) (hereinafter - full name) of an individual / name of the legal entity*; legal address):
__________________________________________________________________________
_________________________________________________________________________
4. Licensee (Sublicensee, Complex Licensee) (full name of an individual / name of the legal entity *; legal address):
__________________________________________________________________________
__________________________________________________________________________
5. Patent attorney or other representative of the applicant:
__________________________________________________________________________
__________________________________________________________________________
6. Address for correspondence, contact phone number:
__________________________________________________________________________
Appendixes:
√ Agreement on __ sheets;
√ Power of attorney confirming the authority of a patent attorney or other
authorized representative on __ sheets in __ copies;
√ A document confirming payment for the services of the service provider;
√ Other document (specify)
Date EDS (full name)
(role)
5Foreign names of legal entities are indicated in the Kazakh and Russian transliteration
6Foreign names of legal entities are indicated in the Kazakh and Russian transliteration
| Annex 11 to the Rules registration in relevant state registers transfer exceptional rights, granting the right to using the object industrial property, open or compulsory license |
|
| Form |
Agreement Registration Number:
Date of registration of the contract:
Licensor (Sublicensor):
Licensee (Sublicensee):
NOTICE
on the provision of the public service "Registration of granting the right to use the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit"
Footnote. Annex 11- in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 508 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
The Republican Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan notifies that in accordance with paragraph _ of Article _ of the Law of the Republic of Kazakhstan "Patent Law of the Republic of Kazakhstan," the grant of (non) exclusive (sub) license under a license agreement for the use of an invention (utility model, industrial model) under patent (there) No. _ is registered in the State Register of Utility Models of the Republic of Kazakhstan.
(Electronic digital signature)
| Annex 12 to the Rules registration in relevant state registers transfer exceptional rights, granting the right to using the object industrial property, open or compulsory license |
|
| Form |
Agreement Registration Number:
Date of registration of the contract:
Comprehensive Licensor (Sublicensor):
Complex Licensee (Sublicensee):
NOTICE
on the provision of the public service "Registration of granting the right to use the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit"
Footnote. Annex 12- in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 508 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
The Republican Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan shall notify that in accordance with paragraph _ of Article _ of the Law of the Republic of Kazakhstan (sub) license to register a comprehensive entrepreneurial (sub) license agreement to grant (not) an exclusive license under the license agreement for the use of the invention (utility model, industrial design) according to the patent (there) No. _ shall be registered in the State Register of Utility Models of the Republic of Kazakhstan.
(Electronic digital signature)
| Annex 13 to the Rules registration in relevant state registers transfer exceptional rights, granting the right to using the object industrial property, open or compulsory license |
|
| form |
Agreement Registration Number:
Date of registration of the agreement:
Patent holder, Licensor (Sublicensor),
Comprehensive Licensor (Sublicensor):
Assignee, Licensee (Sublicensee),
Complex Licensee (Sublicensee):
MOTIVATED REFUSAL
further consideration of the application
Footnote. Annex 13- in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 508 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
The Republican Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan reports that in connection with the ____________, according to Article 19 of the Law of the Republic of Kazakhstan "On Public Services," the application was refused further consideration.
(Electronic digital signature)
