Unofficial translation
In accordance with subparagraph 2) of Article 4 of the Law of the Republic of Kazakhstan “On Legal Protection of Integrated Circuit Topologies” as of June 29, 2001, 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 topologies in the State Register of Integrated Circuit Topologies.
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 | M. Beketayev |
| Approved by Order № 1344 of the Minister of Justice of the Republic of Kazakhstan as of August 29, 2018 |
Rules for registration in the State register of topologies of integrated circuits of transfer of exclusive rights, granting the right to use topologies
Footnote. Rules – in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 505 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Chapter 1. General provision
1. These Rules for registration in the state register of integrated circuit topologies of transfer of exclusive rights, granting the right to use topologies (hereinafter referred to as the Rules) shall have been developed in accordance with subparagraph 2) of Article 4 of the Law of the Republic of Kazakhstan "On legal protection of integrated circuit topologies," with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law on public services) and shall determine the procedure for registration in the state register of exclusive transfer integrated circuit topologies, granting the right to use topologies, as well as shall determine the procedure for providing public services "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" and "Registration of the granting of the right to use the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit. "
2. The following concepts shall be used in these Rules:
1) bulletin - an official periodical on the protection of the topologies of integrated circuits;
2) the topology of the integrated circuit (hereinafter referred to as the topology) - the spatial-geometric arrangement of the set of elements of the integrated circuit and the connections between them fixed on the material carrier;
3) copyright holder - the author, his heir, as well as any individual or legal entity that shall have an exclusive right obtained by virtue of the Law of the Republic of Kazakhstan "On legal protection of integrated circuit topologies" or a contract;
4) license agreement - an agreement under which the copyright holder (licensor) shall grant the other party (licensee) the right to temporarily use the topology in a certain way;
5) patent attorneys - citizens of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, shall be granted the right to represent individuals and legal entities to the authorized body;
6) exclusive right to topology - the property right of the copyright holder to use the topology in any way at his discretion;
7) authorized body - a central executive body that shall exercise leadership within its powers in the field of legal protection of integrated circuit topologies;
8) the web portal of "e-government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) - an information system that shall be a single window of access to all consolidated government information, including the regulatory legal framework, and to state services, services for issuing technical specifications for connecting natural monopolies to networks and services of quasi-public sector entities provided in electronic form;
9) payment gateway of "electronic government" (hereinafter referred to as PGEG) - an information system that automates the processes of transmitting information about payments within the framework of the provision of reimbursable services provided in electronic form;
10) electronic digital signature (hereinafter referred to as the EDS) - a set of electronic digital symbols created by EDS means and confirming the reliability of the electronic document, its ownership and invariability of the content.
Chapter 2. Procedure for registration of transfer of exclusive right to use topologies
3. The state service "Registration of transfer of exclusive rights to the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit" 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).
4. To obtain a state service, a natural and/or legal person (hereinafter referred to as the service recipient) shall send an application via the portal accompanied by the documents listed in paragraph 8 of the list of basic requirements for the provision of the state service “Registration of the Transfer of Exclusive Rights to a Trademark, Selection Achievement and Industrial Property Object, as well as Integrated Circuit Topology” as per Annex 1 (hereinafter referred to as the list), in the form of an electronic document signed by EDS, pursuant to Annexes 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 be brought into force upon expiry of ten calendar days after the day of its first official publication).5. The list of basic requirements for the delivery of a state service, including the features of the process, form, content and result of delivery, as well as other data, considering the peculiarities of the provision of state services, is given in the list.
Payment shall be carried out by non-cash method through the payment gateway of the second tier bank integrated with the information system of the service provider newcab.kazpatent.kz according to the bank details necessary for payment of the services of the service provider in accordance with Annex 4 to the Rules.
When the service recipient sends an application through the portal in the "personal account," the status of acceptance of the request for the provision of public service is automatically displayed.
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 come into effect ten calendar days after the date of its first official publication).6. The application and the attached documents shall be submitted in Kazakh or Russian. Foreign names and names of legal entities shall be indicated in Kazakh or Russian transliteration.
Individuals permanently residing in the Republic of Kazakhstan, but temporarily located outside it, shall exercise their rights of the applicant, as well as the rights of the interested person without a patent attorney when specifying the 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, according to 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 verify 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 required to provide a state service in accordance with these Rules, the service provider shall send a notification to the service recipient within the time frame specified in part three of this clause indicating what requirements the package of documents does 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 2 (two) working days from the date of receipt of the notification the service recipient has not brought the documents into compliance with the requirements, the service provider shall return the application and the package of documents to the service recipient, in accordance with Annex 6 hereto.
The service provider shall receive information about the document confirming payment from the relevant state information system through the PGEG.
Based on the results of verifying 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 the results of the provision of state 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 notify the service provider of the registration of the transfer of the exclusive right to topology or shall make 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 06.09.2021 № 772 (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 in the bulletin, in the state register of integrated circuit topologies, information on the registration of the transfer of the exclusive right to use topologies.
9. The service provider shall ensure that data on the stage of delivery of a state service is entered into the information system for monitoring the delivery of state 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 be enacted ten calendar days after the date of its first official publication).Chapter 3. Procedure for registration of granting the right to use topologies
10. The state service "Registration of granting the right to use the trademark, selection achievement and industrial property, as well as the topology of the integrated circuit" shall be provided by the service provider.
11. To obtain a state service, a natural and (or) legal person (hereinafter referred to as the service recipient) shall forward an application via the portal enclosing the documents mentioned in paragraph 8 of the list of basic requirements for the delivery of the state service “Registration of the Granting of the Right to Use a Trademark, Selection Achievement and Industrial Property Object, as well as the Topology of an Integrated Circuit” as per Annex 11 (hereinafter referred to as the list), in the form of an electronic document signed by an EDS, pursuant to Annexes 8, 9 and 10 hereto.
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 become effective ten calendar days after the date of its first official publication).12. The list of basic requirements for the delivery of a state service, including the features of the process, form, content and result of delivery, as well as other details, with due regard to the peculiarities of the provision of state services, is given in the list.
Payment shall be carried out by non-cash method through the payment gateway of the second-tier bank integrated with the information system of the service provider newcab.kazpatent.kz according to the bank details required to pay for the services of the service provider in accordance with Annex 4 hereto.
When the service recipient sends an application through the portal in the "personal account," the status of acceptance of the request for the provision of public service is automatically displayed.
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 put into effect ten calendar days after the date of its first official publication).13. The application and the attached documents shall be submitted in Kazakh or Russian. Foreign names and names of legal entities shall be indicated in Kazakh or Russian transliteration.
Individuals permanently residing in the Republic of Kazakhstan, but temporarily located outside it, shall exercise their rights of the applicant, as well as the rights of the interested person without a patent attorney when specifying the address for correspondence within the Republic of Kazakhstan.
14. 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, according to 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 verify 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 state 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 does 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 2 (two) working days from the date of receipt of the notification the service recipient has not brought the documents in line with the requirements, the service provider shall return the application and the package of documents to the service recipient, in accordance with Annex 14 hereto
The service provider shall receive information about the document confirming payment from the relevant state information system through the PGEG.
Based on the results of verifying 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 the results of the provision of state service and shall send it to the "personal account" of the service recipient in electronic form, in accordance with Annexes 12, 13 to these Rules.
When making a decision on refusal to provide a state service, the service provider shall notify the service recipient within one (1) working day of the preliminary decision on refusal to provide a state 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 notify the service provider of the registration of the right to use the topology or makes 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 06.09.2021 № 772 (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 on registration of the right to use the topology in the bulletin.
16. The service provider shall provide data entry on the stage of rendering a state service into the information system for monitoring the provision of state services in the order set by the competent authority in the field of informatisation, pursuant to 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 data 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 state registration of the relevant normative legal act with the justice authorities.
Footnote. Paragraph 16 - 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).Chapter 4. Procedure for appealing decisions, actions (inactions) of the service provider and (or) its officials on the issue of rendering public services
17. Consideration of the complaint regarding the provision of the state service shall be carried out by a higher administrative body, an authorized body for assessing and monitoring the quality of the provision of public services (hereinafter referred to as the body considering the complaint).
The complaint 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, send it to the body considering the complaint.
At the same time, the service provider, an official whose decisions, actions (inactions) shall be appealed, shall not send a complaint to the body considering the complaint, if within 3 (three) working days he 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 paragraph 2 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 06.09.2021 № 772 (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 provided state service, the service recipient applies to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
| Annex 1 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
APPLICATION
on registration of the transfer of the exclusive right under the assignment agreement
Please register the transfer of the exclusive right under the assignment agreement
in relation to the security document (s) specified (s)
in this statement.
1. Name (s) and number (s) of the security document
(security documents):
_____________________________________________________________________________
_____________________________________________________________________________
2. Owner (Surname, First Name, Patronymic (if any) (hereinafter full name)
individual/legal entity name *; legal address):
_____________________________________________________________________________
_____________________________________________________________________________
3. Assignee (full name of an individual/name of a legal entity *;
legal address):
______________________________________________________________________________
______________________________________________________________________________
4. Patent attorney or other representative of the applicant
______________________________________________________________________________
______________________________________________________________________________
5. Correspondence address, contact phone number
______________________________________________________________________________
______________________________________________________________________________
Applications:
√ Agreement on __ sheets in __ copies;
√ Power of Attorney confirming the powers of the patent attorney or
other authorized representative on __ sheets in __ copies;
√ Document confirming payment for the services of the service provider;
√ Other document (specify)
√ Date of EDS (full name (if any)
Note:
* Foreign names of legal entities shall be indicated
in Kazakh and Russian transliteration
| Annex 2 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
APPLICATION
on registration of transfer of exclusive right under a partial assignment agreement
Please register the transfer of the exclusive right under the partial contract
assignment in respect of the security document (s) specified (s)
in this statement.
1. Name (s) and number (s) of the security document
(security documents):
_________________________________________________________________________
_________________________________________________________________________
2. Owner (Surname, First Name, Patronymic (if any) (hereinafter - full name) of the physical
person/name of the legal entity *; legal address):
_________________________________________________________________________
_________________________________________________________________________
3. Assignee (full name of an individual/name of a legal entity *;
legal address):
_________________________________________________________________________
_________________________________________________________________________
4. Patent attorney or another representative of the applicant
_________________________________________________________________________
_________________________________________________________________________
5. Scope of transferred rights stipulated by the contract
_________________________________________________________________________
_________________________________________________________________________
6. Correspondence address, contact phone number
_________________________________________________________________________
_________________________________________________________________________
Applications:
√ Agreement on __ sheets in __ copies;
√ Power of Attorney confirming the powers of a patent attorney or other
authorized representative on __ sheets in __ copies;
√ Document confirming payment for the services of the service provider;
√ Other document (specify)
Date of EDS (full name (if any)
Note:
* Foreign names of legal entities shall be indicated
in Kazakh and Russian transliteration
| Annex 3 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies | |
| Document form |
List of basic requirements for the delivery of a state service
“Registration of the Transfer of the Exclusive Right to a Trademark, Selection Achievement
and Industrial Property Object, as well as Topology of an Integrated Circuit”
Footnote. Annex 3 - 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).
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 state service | Via the e-government web portal: www.egov.kz (hereinafter referred to as the portal). |
3 | Term of rendering the state service | 10 (ten) business days |
4 | Form of state service provision | Electronic (fully automated) one |
5 | Result of providing a state service |
Notification of registration of transfer of the exclusive right to the topology or a motivated response on refusal to provide the state service. |
6 | The amount of payment charged from the service recipient when rendering a state service and ways of its collection in cases stipulated by the laws of the Republic of Kazakhstan | The state service shall be rendered on a paid basis pursuant to the Prices for Services in the Field of Topology Protection approved under paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan “On Legal Protection of Topologies of Integrated Circuits” and published 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 state service |
1) an application of a natural person or a legal entity for registration of transfer of the exclusive right to the topology under an assignment/partial assignment agreement in electronic form as per Annexes 1 and 2 hereto; |
9 | Grounds for refusal to provide a state service established by the laws of the Republic of Kazakhstan | Finding that the documents provided by the service recipient to receive a state service and (or) the data (information) contained therein are unreliable. |
10 | Other requirements considering the specifics of the provision of a state 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 state 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; |
| Annex 4 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies | |
| Document form |
Bank details required for payment for the service provider's services
Footnote. Annex 4 - 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).
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 the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
Contract registration number:
Date of registration of the agreement:
Copyright holder:
Assignee:
NOTICE of public service provision
"Registration of transfer of exclusive trademark rights, selection achievement and
object of industrial property, as well as the topology of the microelectronic integrated circuit "
The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan shall inform that in accordance with paragraph _ of Article _ of the Law of the Republic of Kazakhstan "On Legal Protection of Integrated Circuit Topologies," the transfer of exclusive right under the agreement (partial) assignment of rights to topology No. _ is registered in the State Register of Topologies of the Republic of Kazakhstan.
(EDS)
| Annex 6 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
Registration number of the agreement:
Date of registration of the agreement:
Copyright holder, Licensor (Sublicensor),
Comprehensive Licensor (Sublicensor):
Successor, Licensee (Sublicensee),
Complex Licensee (Sublicensee):
MOTIVATED REFUSAL
further consideration of the application
The National 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.
(the EDS)
| Annex 7 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
Contract Registration Number:
Date of registration of the contract:
Copyright Holder, Licensor (Sublicensor),
Comprehensive Licensor (Sublicensor):
Successor, Licensee (Sublicensee),
Complex Licensee (Sublicensee):
MOTIVATED REFUSAL
in the provision of the state service "Registration of the transfer of exclusive rights on the trademark,
selection achievement and object of industrial property, as well as the topology of the integrated circuit "
The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan shall inform that in connection with the ____________, according to subclause 1) of paragraph 2 of Article 19-1 of the Law of the Republic of Kazakhstan "On Public Services," the registration of the agreement (partial) assignment was refused.
(the EDS)
| Annex 8 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
APPLICATION
on granting the right under a license or sublicense agreement
Please register the grant of license rights or
a sublicense agreement in respect of a security document (security documents),
specified in this application.
1. Name (s) and number (s) of the security document
(security documents):
________________________________________________________________________
________________________________________________________________________
2. Licensor (Sublicensor) (Surname, first name, patronymic (if any)) (hereinafter referred to as the
IE) of an individual/name of a legal entity *; legal address):
________________________________________________________________________
________________________________________________________________________
3. Licensee (Sublicensee) (full name of an individual/legal name
persons *; legal address):
________________________________________________________________________
________________________________________________________________________
4. Patent attorney or another representative of the applicant
________________________________________________________________________
________________________________________________________________________
5. Scope of assigned rights, taking into account the types of use provided for in
contract
________________________________________________________________________
________________________________________________________________________
6. Correspondence address, contact phone number
Applications:
√ Agreement on __ sheets;
√ Power of Attorney confirming the powers of the patent attorney or
other authorized representative on __ sheets in __ copies;
√ Document confirming payment for the services of the service provider;
√ Other document (specify)
Date of the EDS (full name (if any)
Note:
* Foreign names of legal entities shall be indicated
in Kazakh and Russian transliteration
| Annex 9 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
APPLICATION
on granting the right under a comprehensive business license or sublicense (franchising) agreement
Please register the grant of the right under the comprehensive contract
business license or sublicense (franchising) in relation to security
of the document (security documents) specified in this application.
1. Name (s) and number (s) of the security document
(security documents):
_________________________________________________________________________
_________________________________________________________________________
2. Complex Licensor (Complex Sublicensor) (Surname, First Name, Patronymic
(if any) (hereinafter referred to as the full name) of an individual/legal name
persons *; legal address):
_________________________________________________________________________
_________________________________________________________________________
3. Complex Licensee (Complex Sublicensee) (full name of an individual/
name of the legal entity *; legal address):
_________________________________________________________________________
_________________________________________________________________________
4. Patent attorney or another representative of the applicant
_________________________________________________________________________
_________________________________________________________________________
5. Scope of assigned rights, taking into account the types of use provided for in
contract
_________________________________________________________________________
_________________________________________________________________________
6. Correspondence address, contact phone number
_________________________________________________________________________
_________________________________________________________________________
Applications:
√ Agreement on __ sheets;
√ Power of Attorney confirming the powers of a patent attorney or other
authorized representative on __ sheets in __ copies;
√ Document confirming payment for the services of the service provider;
√ Other document (specify)
√ Date of the EDS (full name (if any)
Note:
* Foreign names of legal entities shall be indicated
in Kazakh and Russian transliteration
| Annex 10 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
APPLICATION
on registration of an additional agreement to the license
(sublicense, complex business license) agreement
Please register an additional agreement to the license
(sublicense, complex business license) agreement concluded
in relation to the security document (s) specified (s)
in this statement.
1. Name (s) and number (s) of the security document
(security documents):
__________________________________________________________________________
__________________________________________________________________________
2. Registration number and date of registration of the contract:
__________________________________________________________________________
__________________________________________________________________________
3. Licensor (Sublicensor, Complex Licensor) (Surname, first name, patronymic
(if any) (hereinafter referred to as the full name) of an individual/legal name
persons *; legal address):
__________________________________________________________________________
__________________________________________________________________________
4. Licensee (Sublicensee, complex licensee) (full name of the physical
person/name of the legal entity *; legal address):
__________________________________________________________________________
__________________________________________________________________________
5. Patent attorney or another representative of the applicant:
__________________________________________________________________________
__________________________________________________________________________
6. Correspondence address, contact phone number:
__________________________________________________________________________
__________________________________________________________________________
Applications:
√ Agreement on __ sheets;
√ Power of Attorney confirming the powers of a patent attorney or other
authorized representative on __ sheets in __ copies;
√ Document confirming payment for the services of the service provider;
√ Other document (specify)
Date of EDS (full name (if any)
Note:
* Foreign names of legal entities shall be indicated
in Kazakh and Russian transliteration
| Annex 11 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
List of basic requirements for the provision of a state 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. Annex 11 - 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).
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 state service | Via the e-government web portal: www.egov.kz (hereinafter referred to as the portal). |
3 | Term of rendering the state service | 10 (ten) business days |
4 | Form of state service provision | Electronic (fully automated) one |
5 | Result of providing a state service |
Notification on registration of granting the right to use the topology or a motivated response on refusal to provide a state service. |
6 | The amount of payment charged from the service recipient when rendering a state service and ways of its collection in cases stipulated by the laws of the Republic of Kazakhstan | The state service shall be offered on a paid basis pursuant to the Prices for Services in the Field of Protection of Topologies, approved as per paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan "On Legal Protection of Topologies of Integrated Circuits" and published 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 state service |
1) an application of a natural person or a legal entity for registration of granting the right to use the topology under a licence agreement, an integrated business licence agreement or other agreement including the terms and conditions of the licence agreement in electronic form in the forms as per Annexes 8, 9 and 10 hereto; |
9 | Grounds for refusal to provide a state service established by the laws of the Republic of Kazakhstan | Determination of unreliability of documents provided by the service recipient to receive a state service and (or) data (information) contained therein. |
10 | Other requirements considering the specifics of the provision of a state 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 state 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; |
| Annex 12 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
Contract Registration Number:
Date of registration of the contract:
Licensor (Sublicensor):
Licensee (Sublicensee):
PUBLIC SERVICE NOTICE
"Registration of the right to use the trademark, selection achievement and
object of industrial property, as well as the topology of the integrated circuit "
The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan informs that in accordance with paragraph _ of Article _ of the Law of the Republic of Kazakhstan "On Legal Protection of Integrated Circuit Topologies," the provision of (non) exclusive (sub) license under the license agreement for the use of topology No. _ is registered in the State Register of Integrated Circuit Topologies of the Republic of Kazakhstan.
(the EDS)
| Annex 13 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
Contract registration number:
Date of registration of the contract:
Comprehensive licensor (sublicensor):
Successor, licensee (sublicensee),
Complex licensee (sublicensee):
NOTIFICATION
of public service provision "Registration of the right to use
the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit "
The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan informs that in accordance with paragraph _ of Article _ of the Law of the Republic of Kazakhstan "On legal protection of integrated circuit topologies," the agreement of the comprehensive entrepreneurial (sub) license on granting (not) an exclusive license for the use of topology No. _ is registered in the state register of integrated circuit topologies of the Republic of Kazakhstan.
(EDS)
| Annex 14 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
Contract registration number:
Date of registration of the contract:
Copyright Holder, licensor (sublicensor),
Comprehensive licensor (sublicensor):
Successor, licensee (sublicensee),
Complex licensee (sublicensee):
MOTIVATED STANDARD
in further consideration of the application
The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan shall report that in connection with the ____________, according to Article 19 of the Law of the Republic of Kazakhstan "On public services," the application was refused.
(EDS)
| Annex 15 to the Registration Rules in the State register topologies of integral transmission chips of exclusive right, |
|
| granting the right to use topologies |
Form
Contract registration number:
Date of registration of the contract:
Copyright Holder, licensor (sublicensor),
Comprehensive licensor (sublicensor):
Successor, licensee (sublicensee),
Complex licensee (sublicensee):
MOTIVATED REFUSAL
in public service provision "Registration of the right to use the trademark, selection
achievement and object of industrial property, as well as the topology of the integrated circuit "
The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan shall inform that in accordance with paragraph _ of the Article _ of the Law of the Republic of Kazakhstan "On legal protection of integrated circuit topologies," the registration of a (partial) assignment/(sub) license agreement, a comprehensive entrepreneurial (sub) license agreement, a pledge agreement shall be refused.
(the EDS)