Unofficial translation
Footnote. it became invalid by order of the acting Minister of Justice of the Republic of Kazakhstan no. 41 dated 19.05.2020 (it is put into effect after ten calendar days after the date of its first official publication).In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State services” I hereby ORDER:
1. To approve the following standards of State services:
1) "Introduction of information and Its Amendments into the State Register of Rights to Objects Protected by Copyright" in accordance with Annex 1 to this order;
2) "Accreditation of Organizations Managing Property Rights on a Collective Basis" according to Annex 2 to this Order;
3) "Registration of Granting of the Right to Use a Trademark, a Selection Achievement and an Industrial Property Object" in accordance with Annex 3 to this Order;
4) "Registration of the Transfer of the Exclusive Right to a Trademark, a Selection Achievement and an Industrial Property Unit" in accordance with Annex 4 to this Order;
5) "Registration of a Trademark" in accordance with Annex 5 to this order;
6) "Registration of the Right to Use the Appellationof Origin of Goods" in accordance with Annex 6 to this Order;
7) "Issuance of Security Documents in the Field of Industrial Property" in accordance with Annex 7 to this Order;
8) "Issuance of Security Document on Selection Achievement" in accordance with Annex 8 to this Order;
9) "Registration of Integrated Circuit Topographies" according to Annex 9 to this Order;
10) "Provision of Extract from the State Registers of Trademarks, Appellations of Origin of Goods" in accordance with Annex 10 to this Order;
11) "Certification of Candidates for Patent Attorneys" in accordance with Annex 11 to this Order;
12) "Issue of a Patent Attorney Certificate" in accordance with Annex 12 to this Order.
2. Some orders of the Ministry of Justice of the Republic of Kazakhstan shall be deemed to have lost force in accordance with Annex 13 to this order.
3. The Department of Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan shall ensure:
1) Public registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this Order, send it both in Kazakh and Russian to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information" for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this Order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan after its official publication.
4. The supervising Deputy Minister of Justice of the Republic of Kazakhstan shall be authorized to oversee the implementation of this Order.
5. This Order shall be enforced upon expiry of ten calendar days after the day of its first official publication.
Minister of Justice | |
of the Republic of Kazakhstan | M. Beketayev |
"AGREED"
Minister of Information and Communication
of the Republic of Kazakhstan
_____________ D. Abayev
"___" _________ 2018
Annex 1 to Order No.1481 of the Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service “Introduction of information and its amendments into the State
Register of Rights to Objects Protected by Copyright
Chapter 1. General provisions
1. The state service "Introduction of information and its amendments into the State Register of Rights to Objects Protected by Copyright" (hereinafter referred to as the state service).
2. The standard of state service (hereinafter referred to as the standard) have been developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the authorized agency).
3. The state service shall be provided by the Republican State Enterprise "National Institute of Intellectual Property" (hereinafter referred to as the service provider).
Acceptance of application and issuance of result for provision of state service shall be carried out via the web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal).
Chapter 2. Procedure for provision of state service
4. The term for provision of state service - within one working day following the day of receipt of service recipient’s application.
5. The form for provision of state service - electronic (fully automated).
6. The result for provision of state service - a certificate of entering information into the State Register of Rights to Objects Protected by Copyright (hereinafter referred to as the Register), or a reasoned refusal to provide state service in the case and on the grounds provided in paragraph 10 of this standard.
7. The state service shall be provided on a paid basis to individuals (hereinafter referred to as the service recipient) in accordance with the Prices, for services in terms of introduction of the information into the Public Register of Rights to Objects Protected by Copyright (hereinafter referred to as the Prices) and placed on the official sites of the authorized body www.adilet.gov.kz and the service provider www.kazpatent.kz.
The payment shall be made by other than in cash via the payment gateway of a second-tier bank integrated with the information system of service provider newcab.kazpatent.kz.
8. Portal schedule shall be round-the-clock, with the exception of technical interruptions related to repair work (when the service recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the labor legislation of the Republic of Kazakhstan).
9. The list of documents required for provision of state service to the service recipient via the portal:
When entering information into the Register:
1) application pursuant to the form in compliance with Annex 1 to this standard;
2) a copy of the work.
Sketches, drawings, pictures or photographs may be attached to the application instead of a copy of the work, and with respect to programs for electronic computing machine (ECM) or databases – an abstract containing the name of the program or database, surname, name, patronymic (if indicated in ID), author, creation date, scope, purpose, functionality, source code (source text), basic technical characteristics, programming language, type of implementing ECM.
3) in relation to composite or derivative work, a copy of the author's contract concluded with the author (s) or copyright holder of the original work shall be additionally provided. If the composite work uses works of other authors whose term of protection expired on the date of application by the service recipient, no copyright agreement shall be required. In the case of the expiration of the term of protection of the work on the basis of which the derivative work was created, the submission of the author's contract with the author of the main work shall not be required;
4) in relation to the works of religious content, an electronic copy of positive conclusion of religious examination shall be additionally submitted;
5) the document that shall be the basis for provision of benefits.
6) Copyright information to the works created in separate co-authorship may be entered into the Registry separately if indicated by any of the co-authors in a statement.
When amending the information in the Register:
an application according to Annex 2 to this standard.
Errors of a technical nature that do not change the affiliation, nature or content of the entered information may be corrected in the Register within one working day from the date of receipt of the application of a service recipient.
10. The grounds for refusal to enter information in the Register shall be non-compliance with the requirements established by Article 9-1 of the Law of the Republic of Kazakhstan "On Copyright and Related Rights".
Chapter 3. Procedure for appealing decisions, actions (omissions) of service provider and (or)
its officials on the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials as well as on employees on the provision of state services:
The complaint shall be filed in the name of the head of the service provider at the address: 010000, Astana city, Yessil district, Korgalzhyn road, building 3B, telephone: (87172) 62-15-15, 8 (7172) 62-16-01.
The complaint shall be accepted in writing by mail or purposely through the office of the service provider or authorized agency in working days.
Where necessary, the service recipient shall attach to the complaint the documents confirming the poor quality of the state service provided by the service provider
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint, term and place of receipt of the response to the submitted complaint.
The complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or issued on purpose in the office of the service provider.
Information on the procedure for appealing action (omissions) of the service provider may be obtained by calling the unified contact center 1414.
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaint of service recipients received by the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration;
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for provision of state service
13. The basis for reducing the amount of payment shall be the benefits that provided to the following persons:
1) participants of the Great Patriotic War and persons equated to them;
2) persons awarded with orders and medals of the former USSR for selfless work and impeccable military service in the rear during the years of the Great Patriotic War;
3) persons who have worked (served) not less than six months from June 22, 1941 to May 9, 1945 and who were not awarded orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War;
4) disabled person, as well as one of the parents of a disabled person since childhood;
5) oralmans;
6) minors.
Benefits shall be granted in the amount of 95 percent of the price for the service of entering information into the Registry, subject to the submission of supporting documents of belonging to any of the above listed categories of persons.
14. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized body www.adilet.gov.kz and the service provider www.kazpatent.kz.
15. The service recipient shall have the opportunity to receive the state service in electronic form via the portal, subject to the availability of the EDS.
16. The service recipient shall have the opportunity to receive the information on the procedure and status of the provision of the state service in the remote access mode through the "personal account" of the portal, as well as the Unified Contact Center.
17. Contact phone numbers of inquiry services on the provision of state services: 8 (7172) 621515, 8 (7172) 62 15 16.
Unified contact center: 1414, 8 800 080 7777.
Statement
on introduction of the information into the Public Register
of Rights to Objects Protected by Copyright
I (We) ____________________________________________________________________
(surname, name, patronymic (if it is indicated in the author’ (s’)Identity Document) Individual Identification Number ____________________
I (We) hereby confirm that I am (We are) the sole author (s) of the unpublished
(type of object of Copyright)
created by me (us) __________________________________________________________
(day, month, year of the object creation)
named __________________________________________________________________
____________________________ and hereby ask you to enter the information in the Copyrght Public Register
The legal meaning of the fact of entering information into the Public Register of Rights to
Objects Protected by Copyright have been explained to me (us) by the Republican State Enterprise
on the Right of Economic Management "National Institute of Intellectual Property".
"___" __________ 20__ ____________________
(author’s (authors’) signature)
I hereby agree for the use of information constituting a secret protected by law contained in information systems in the provision of state services
APPLICATION
on introduction of the information to the Public Register
of Rights to Objects Protected by Copyright
I (We) ___________________________________________________________________
(Surname, name, patronymic (if it is indicated in the author’ (s’) Identity Document) Individual Identification Number _________________________________________
I (We) hereby ask you to amend the information in the Public Register of Rights to Objects Protected by Copyright under No._______dated "___"________.
__________________________________________________________________________
__________________________________________________________________________
_________________________________________________________________________.
"___" _________ 20__
I hereby agree for the use of information constituting a secret protected by law contained
in information systems in the provision of state services
Annex 2 to Order No. 1481 of Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Accreditation of organizations that manage property
rights on a collective basis"
Chapter 1. General provisions
1. State service "Accreditation of Organizations that Manage Property Rights on a Collective Basis" (hereinafter referred to as the state service).
2. The standard of state services (hereinafter referred to as the standard) developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the the authorized agency).
3. The state service shall be provided by the Ministry of Justice of the Republic of Kazakhstan" (hereinafter referred to as the service provider).
Acceptance of application and issuance of result for provision of the state service shall be carried out via the web portal of "electronic government" www.egov.kz (hereinafter referred to as the the portal).
Chapter 2. Procedure for provision of state service
4. The term for provision of state service shall be within 15 working days.
5. The form for provision of state service - electronic (fully automated).
6. The result for provision of state service - a certificate of accreditation for a period of five years, or a reasoned response on refusal to provide state service in the case and on the grounds provided in paragraph 10 of this standard.
The result of the provision of state service shall be sent and stored in the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature (hereinafter referred to as the EDS) of the authorized person of the service provider.
7. The state service shall be provided free of charge to legal entities (hereinafter referred to as the the service recipient).
8. Portal schedule - round-the-clock, with the exception of technical interruptions related to repair work when the recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the labor legislation of the Republic of Kazakhstan.
9. The list of documents required for provision of state service to the service recipient via the portal:
1) the request in the form of an electronic document certified by EDS of the service recipient;
2) an electronic copy of the (original) decision of the general meeting on accreditation;
3) an electronic copy of the (originals) concluded by the organization of bilateral and multilateral agreements with foreign organizations managed property rights on a collective basis;
4) an electronic copy of the (original) decision of the general meeting regarding the amount of remuneration;
5) an electronic copy of the (original) decision of the general meeting regarding the conditions for concluding a license agreement with users;
6) an electronic copy of the (original) decision of the general meeting regarding the method of distribution and payment of the collected remuneration;
7) an electronic copy of the (originals) reviews of the right holders of copyright object and related rights with respect to the service recipient;
8) the form of information in accordance with the Annex to this Standard.
Information about the public registration (re-registration) of a legal entity shall be provided by the service provider from the relevant public information systems through payment gate of “electronic government”.
When the service recipient submit all the necessary documents, the status of accepting the request for provision of the state service shall be displayed in the service recipient’s “personal account”.
10. The grounds for refusal to provide state services shall be:
1) failure to submit documents established by the legislation of the Republic of Kazakhstan;
2) incomplete information contained in the submitted documents;
3) bringing to administrative responsibility for hindering officials of state control and supervision bodies in the performance of their official duties, as well as failure to comply with decrees, instructions and other requirements;
4) non-fulfillment and (or) inadequate fulfillment by the organization of the obligations provided by Article 46 of the Law of the Republic of Kazakhstan of June 10, 1996 "On Copyright and Related Rights".
Chapter 3. Procedure for appealing decisions, actions (omissions) of service provider and
(or) its officials on the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services: the complaint shall be filed in the name of the head at the address: 010000, Astana city, Yessil district, Mangilik El Street, building 8, Entrance 13, Office 022, Telephone: 8 (7172) 74-07-84; 55-87-64.
The complaint shall be accepted - in electronic form via the portal, by the service provider's site (www.adilet.gov.kz), in paper form by mail or purposely through the office of the service provider on working days.
Where it is required, the service recipient shall attach to the complaint documents confirming the poor quality of state service provided by the service provider.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint, term and place of receipt of the response to the complaint.
The complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or issued on purpose in the office of the service provider, as well as upon the request of the service recipient the response shall be sent to the email indicated in the complaint.
Information on the procedure for appealing can be obtained by calling the unified contact center 1414, 8 800 080 7777.
In case of disagreement with the results of the state service provided, the service recipient may file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaint of the service recipient, received by the authorized agency on evaluation and control over the quality of the provision of state services, shall be considered within fifteen working days from the date of its registration.
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for provision of state service
13. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized agency www.adilet.gov.kz.
14. The service recipient shall have the opportunity to receive the state service in electronic form via the portal, subject to the availability of the EDS.
15. The service recipient shall have the opportunity to receive information on the procedure and status of the provision of the state service in the remote access mode through the "personal account" of the portal, as well as the Unified Contact Center.
16. Contact telephones of inquiry services on the provision of state services: 8 (7172) 74-07-54, 74-06-19.
Unified contact center: 1414, 8 800 080 7777.
Annex to the standard of state service "Accreditation of organizations that manage property rights on a collective basis" Information form |
1) The number of existing contracts on collective management of copyright and related rights
__________________________________________________________________________
2) The number of existing contracts with users of copyright objects and related rights
__________________________________________________________________________
3) The list of members of the organization managed property rights on a collective basis
__________________________________________________________________________
4) Information on the persons authorized to represent such an organization in the regions of Kazakhstan necessary for the right holders and users
__________________________________________________________________________
5) Information on the availability of the Internet resource
__________________________________________________________________________
6) Information on the audit of the organization managed property rights on a collective basis in the field of copyright and related rights over the past two years
__________________________________________________________________________
Annex 3 to Order No. 1481 of Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Registration of Granting the Right to Use a Trademark, a selection
achievement and an industrial property object"
Chapter 1. General provisions
1. The state service "Registration of Granting the Right to Use a Trademark, a selection achievement and an industrial property object" (hereinafter referred to as the state service).
2. The standard of state services (hereinafter referred to as the standard) have been developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the authorized agency).
3. The state 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).
The receipt of documents and issuance of the result of the provision of state service shall be carried out via:
1) the service provider’ office;
2) web portal “electronic government” www.egov.kz (hereinafter referred to as the portal).
Chapter 2. Procedure for provision of state service
4. The term for provision of state service:
1) within 10 (ten) working days from the date of delivery by the individual or legal entity (hereinafter referred to as the service recipient) of the package of documents specified in paragraph 9 of this standard.
In case of violation of the requirements for execution of the documents or availability of grounds that prevent the registration of the contract, but which can be eliminated by service recipient, a notification shall be sent to the service recipient with a proposal to submit the missing or corrected documents or make the necessary changes or amendments within three months from the date of its sending.
2) the maximum allowable waiting time for delivery of documents via the portal - 15 minutes;
3) the maximum allowable waiting time for delivery of documents through the office of the service provider - 30 (thirty) minutes;
4) the maximum allowable service time by the office of the service provider - 30 (thirty) minutes.
5. The form of the provision of state service: electronic (partially automated) and (or) paper.
6. The result of the provision of state service:
sending a notification of registration to the service recipient or a reasoned response on the refusal to provide state service on the grounds established in paragraph 10 of this standard.
7. The state service shall be provided on a paid basis in accordance with the Price for services in the field of protection of trademarks, names places of origin of goods, industrial property objects, selection achievements approved in accordance with paragraph 2 of Article 3-1 of the Law "On Trademarks, Service Marks and Appellations of Origin of Goods", in accordance with paragraph 2 of Article 3-2 of the Law" On the Protection of Selection Achievements", in accordance with paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan" Patent Law of the Republic of Kazakhstan" (hereinafter referred to as the Prices), and posted on the official websites of the authorized agency www.adilet.gov.kz and the service provider www.kazpatent.kz.
Payment shall be made in cash or other than in cash through second-tier banks or payment gateway of e-government (hereinafter referred to as the PGEG).
Bank details required to pay for the services of the service provider shall be specified in Annex 1 to this standard.
8. Work schedule:
1) service provider - from Monday to Friday inclusive from 09-00 to 18-30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays according to the Labor legislation of the Republic of Kazakhstan;
2) Portal - round-the-clock, with the exception of technical interruptions related to repair work (when the recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the Labor legislation of the Republic of Kazakhstan).
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service when contacting the service provider:
application for the provision of state service in the forms in accordance with Annexes 2, 3 and 4 to this standard;
document confirming the payment;
contract on granting the right to use the object or a notarized copy of the contract;
a copy of the power of attorney, if the application for the provision of state service is submitted by a representative.
The list of documents when contacting the portal:
an application in the form of an electronic document certified by an electronic digital signature of the service recipient;
an electronic copy of the document confirming the payment;
an electronic copy of the contract on granting the right to use the object or a notarized electronic copy of the contract;
electronic copy of the power of attorney, if the application for the provision of state service is submitted by a representative.
The service recipient shall consent to the use of the information constituting a secret protected by the Law contained in information systems in the provision of state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
10. The service provider shall refuse to provide state service for the following reasons:
the expiration of the term for the restoration of the terminated validity of the exclusive right to an object;
the expiration of the period for the elimination of grounds temporarily preventing registration;
receiving an application for registration from a person who is not a party to the contract;
the absence of registration of a license contract or an additional contract to it;
availability of the accepted obligations at a party that prevent the granting of the right to use the object;
misrepresentation regarding the product or its manufacturer, in the case of transfer of the right to a trademark.
Chapter 3. Procedure for appealing decisions, actions (omissions) of service provider and (or)
its officials on the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the service provider at the address, specified in paragraph 13 of this standard 010000.
The complaint shall be accepted in writing by mail or purposely through the office of the service provider, or vi the portal.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint. The complaint shall be signed by the service recipient.
Information on the procedure for appealing via the portal can be obtained by calling the unified contact center, specified in paragraph 16 of this standard.
Complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or issued on purpose in the office of the service provider.
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaints of service recipients received to:
addressed to the authorized agency shall be considered within five working days from the date of its registration;
addressed to the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration.
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for provision of state service
13. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized agency www.adilet.gov.kz. and service provider www.kazpatent.kz.
14. The service recipient shall have the opportunity to receive the state service in electronic form via the portal, subject to the availability of the EDS.
15. The service recipient shall have the opportunity to receive the information on the procedure and status of the provision of the state service in the remote access mode through the "personal account" of the portal, as well as the Unified Contact Center.
16. Contact telephones of inquiry services on the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16.
Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Registration of Granting the Right to Use a Trademark, a Selection Achievement and an Industrial Oroperty Object" |
Bank details, required to pay for the services of the service provider
Recipient: Republican State Enterprise on the Right of Economic Management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan
Address: 010000, Republic of Kazakhstan, Astana city, Yessil district, Korgalzhyn road, building 3Б
BIN: 020940003199
Beneficiary Code: 16
Payment Purpose Code:859
Bank name IIC BIC
"Nurbank" JSC KZ8584905KZ006015415NURSKZKX
"Kazkommertsbank" JSC KZ489261501148407000KZKOKZKX
"Halyk Bank of Kazakhstan" JSC KZ386010111000288323HSBKKZKX
"Tsesnabank" JSC KZ98998ВТВ0000358095TSESKZKA
"ATFBank" JSC KZ87826Z0KZTD2008449 ALMNKZKA
Subsidiary Bank of “Sberbank” JSC KZ14914012203KZ0047J SABRKZKA
Branch of "ForteBank" JSC in Astana KZ1096503F0007611692IRTYKZKA
Annex 2 to the standard of state service "Registration of Granting the Right to Use a trademark, a Selection Achievement and an Industrial Property Object" Form |
APPLICATION
for registration of the provision of the right under license or sublicense contract
I hereby request you to register the provision of the right under a license or
sub-license contract in relation of the security document (security documents), specified in this application.
1. Name (names) and number (numbers) of the security document (security documents):
__________________________________________________________________________
__________________________________________________________________________
2. Licensor (Sublicensor) (Surname, Name, Patronymic (if available) (hereinafter referred to as the
Full name) of individual/name of legal entity *; legal address):
__________________________________________________________________________
__________________________________________________________________________
3. Licensee (Sublicensee) (Full name, individual/name of legal entity*; legal address):
__________________________________________________________________________
__________________________________________________________________________
4. Patent Attorney or other representative of the applicant
__________________________________________________________________________
__________________________________________________________________________
5. The amount of rights transferred, taking into account the types of use provided by the contract
__________________________________________________________________________
6. Address for correspondence, Contact telephone
__________________________________________________________________________
Annexes:
Contract on __ pages;
A copy of Power of Attorney confirming the capacity of the representative on __ pages
in __counterparts;
A document confirming the payment of services of expert organization;
Applicant (Signature) (Full Name, position)
I hereby give consent to the use of information constituting a secret protected by law contained in information systems
Note:
* Foreign names of legal entities shall be in Kazakh and Russian transliteration
* Foreign names of legal entities shall be in Kazakh and Russian transliteration
Annex 3 to the standard of state service "Registration of Granting the Right to Use a Trademark, a Selection Achievement and an Industrial Property Object" Form |
APPLICATION
on registration of granting the right under the contract
of complex entrepreneurial license (franchising)
I hereby request you to register the granting of the right under the contract of complex
entrepreneurial license (franchising) in relation to the security document (security documents)
specified in this application.
1. Name (names) and number (numbers) of the security document (security documents):
__________________________________________________________________________
2. Complex licensor (Last name, First Name, Patronymic (if available) (hereinafter referred to as the
Full name) of individual / name of legal entity *; legal address):
__________________________________________________________________________
__________________________________________________________________________
3. Complex licensee (Full name, individual / Name of legal entity*; legal address):
__________________________________________________________________________
__________________________________________________________________________
4. Patent Attorney or other representative of the applicant
__________________________________________________________________________
__________________________________________________________________________
5. The amount of rights transferred, taking into account the types
of use provided by the contract
__________________________________________________________________________
6. Address for correspondence, Contact telephone
__________________________________________________________________________
__________________________________________________________________________
Annexes:
Contract on __ pages;
A copy of Power of Attorney confirming the capacity of the representative on __ pages
in __counterparts;
A document confirming the payment of services of expert organization;
Applicant (Signature) (Full Name, position)
I hereby give consent to the use of information constituting a secret protected by law contained
in information systems
Note:* Foreign names of legal entities shall be in Kazakh and Russian transliteration
* Foreign names of legal entities shall be in Kazakh and Russian transliteration
Annex 4 to the standard of state service "Registration of Granting the Right to Use a Trademark, a Selection Achievement and an Industrial Property Object" Form |
APPLICATION
on registration of additional agreement to the license
(sublicense, complex entrepreneurial license) contract
I hereby request you to register an additional agreement to the license (sublicense,
complex entrepreneurial license) contract concluded in relation to the security document
(security documents) specified in this application.
1. Name (names) and number (numbers) of the security document
(security documents):
_________________________________________________________________________
2. Registration number and date of registration of the contract
__________________________________________________________________________
__________________________________________________________________________
3. Licensor (Sub licensor, Complex Licensor) (Surname, Name, Patronymic
(if available) (hereinafter referred to as the Full name) of individual/name of legal entity *;
legal address):
__________________________________________________________________________
__________________________________________________________________________
4. Licensee (Sub licensee, Complex Licensee) (Full Name of Individual /
Name of legal entity*; legal address):
__________________________________________________________________________
__________________________________________________________________________
5. Patent Attorney or other representative of the applicant
__________________________________________________________________________
6. Address for correspondence, Contact telephone
__________________________________________________________________________
__________________________________________________________________________
Annexes:
Contract on __ pages;
A copy of Power of Attorney confirming the capacity of the representative
on __ pages in __counterparts;
A document confirming the payment of services of expert organization;
Applicant (Signature) (Full Name, position)
I hereby give consent to the use of information constituting a secret protected by law contained
in information systems
Note:
* Foreign names of legal entities shall be in Kazakh and Russian transliteration
* Foreign names of legal entities shall be in Kazakh and Russian transliteration
Annex 4 to Order No. 1481 of the Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Registration of Transfer the Exclusive Right to a Trademark,
a Selection Achievement and an Industrial Property Object"
Chapter 1. General provisions
1. The state service "Registration of Transfer the Exclusive Right to a Trademark, a Selection Achievement and an Industrial Property Object" (hereinafter referred to asthe state service).
2. The standard of state services (hereinafter - standard) developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the authorized agency).
3. The state 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).
The receipt of documents and issuance of the result of the provision of state service shall be carried out via:
1) the service provider’ office;
2) web portal “electronic government” www.egov.kz (hereinafter referred to as the the portal).
Chapter 2. Procedure for provision of state service
4. The term for provision of state service:
1) within 10 (ten) working days from the date of delivery by the individual or legal entity (hereinafter referred to asthe service recipient) of the package of documents specified in paragraph 9 of this standard.
In case of violation of the requirements for execution of the documents or availability of grounds that prevent the registration of the contract, but which can be eliminated by service provider, a notification shall be sent to the service recipient with a proposal to submit the missing or corrected documents or make the necessary changes or amendments within three months from the date of its sending.
2) the maximum allowable waiting time for delivery of documents through the portal - 15 minutes;
3) the maximum allowable waiting time for delivery of documents through the office of the service provider - 30 (thirty) minutes;
4) the maximum allowable service time by the office of the service provider - 30 (thirty) minutes.
5. The form of the provision of state service: electronic (partially automated) and (or) paper.
6. The result of the provision of state service:
sending a notification of registration to the service recipient or a reasoned response on the refusal to provide state service on the grounds established in paragraph 10 of this standard.
7. The state service shall be provided on a paid basis in accordance with the Price for services in the field of protection of trademarks, names places of origin of goods, industrial property objects, selection achievements approved in accordance with paragraph 2 of Article 3-1 of the Law "On Trademarks, Service Marks and Appellations of Origin of Goods ", in accordance with paragraph 2 of Article 3-2 of the Law" On the Protection of Selection Achievements ", in accordance with paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan" Patent Law of the Republic of Kazakhstan" (hereinafter referred to as the Prices), and posted on the official websites of the authorized agency www.adilet.gov.kz and the service provider www.kazpatent.kz.
Payment shall be made in cash or other than in cash through second-tier banks or payment gateway of e-government (hereinafter referred to as the PGEG).
Bank details required to pay for the services of the service provider shall be specified in Annex 1 to this standard.
8. Work schedule:
1) Service provider - from Monday to Friday inclusive from 09-00 to 18-30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays according to the Labor legislation of the Republic of Kazakhstan;
2) Portal - round-the-clock, with the exception of technical interruptions related to repair work (when the recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the Labor legislation of the Republic of Kazakhstan).
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service when contacting the service provider:
application for the provision of state service in the forms in accordance with Annexes 2, 3 and 4 to this standard;
document confirming the payment;
contract on transfer the exclusive right to the object or a notarized copy of the contract;
a copy of the power of attorney, if the application for the provision of state service is submitted by a representative.
The list of documents when contacting the portal:
an application in the form of an electronic document certified by an electronic digital signature of the service recipient;
an electronic copy of the document confirming the payment;
an electronic copy of the contract on transfer the exclusive right to the object or a notarized electronic copy of the contract;
electronic copy of the power of attorney, if the application for the provision of state service is submitted by a representative.
The service recipient shall give consent to the use of information constituting a secret protected by the Law contained in information systems in the provision of state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
Examination and registration of contracts on transfer the rights, one of the parties to which is an individual or legal entity of a foreign state participant of the Singapore Treaty, shall be carried out in accordance with the provisions of the Singapore Treaty on the Law of Trademarks dated March 27, 2006.
10. The service provider shall refuse to provide state service for the following reasons:
the expiration of the term for the restoration of the terminated validity of the exclusive right to an object;
the expiration of the period for the elimination of grounds temporarily preventing registration;
receiving an application for registration from a person who is not a party to the contract;
the lack of registration of the right to dispose the exclusive right to a trademark;
misrepresentation regarding the product or its manufacturer, in the case of transfer of the right to a trademark;
availability of the accepted obligations at a party that prevent the granting of the right to use the object.
Chapter 3. Procedure for appealing decisions, actions (omissions) of service provider
and (or) its officials on the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the service provider at the address, specified in paragraph 13 of this standard.
The complaint shall be accepted in writing by mail or purposely through the office of the service provider, or though the portal.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint. The complaint shall be signed by the service recipient.
Information on the procedure for appealing through the portal can be obtained by calling the unified contact center, specified in paragraph 16 of this standard.
Complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or by personal delivery to the office of the service provider.
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaints of service recipients received to:
addressed to the authorized agency shall be considered within five working days from the date of its registration;
addressed to the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration.
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for provision of state service
13. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized agency www.adilet.gov.kz. and service provider www.kazpatent.kz.
14. The service recipient shall have the opportunity to receive the state service in electronic form via the portal, subject to the availability of Electronic Digital Signature.
15. The service recipient shall have the opportunity to receive the information on the procedure and status of the provision of the state service in the remote access mode through the "personal account" of the portal, as well as the Unified Contact Center.
16. Contact telephones of inquiry services on the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16.
Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Registration of Transfer the Exclusive Right to a Trademark, a Selective Achievement and an Industrial Property Object" |
Bank details, required to pay for the services of the service provider
Recipient: Republican State Enterprise on the Right of Economic Management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan
Address: 010000, Republic of Kazakhstan, Astana city, Yessil district, Korgalzhyn road, building 3Б
BIN: 020940003199
Beneficiary Code: 16
Payment Purpose Code:859
Bank name IIC BIC
"Nurbank" JSC KZ8584905KZ006015415NURSKZKX
"Kazkommertsbank" JSC KZ489261501148407000KZKOKZKX
"Halyk Bank of Kazakhstan" JSC KZ386010111000288323HSBKKZKX
"Tsesnabank" JSC KZ98998ВТВ0000358095TSESKZKA
"ATFBank" JSC KZ87826Z0KZTD2008449 ALMNKZKA
Subsidiary Bank of “Sberbank” JSC KZ14914012203KZ0047J SABRKZKA
Branch of "ForteBank" JSC in Astana KZ1096503F0007611692IRTYKZKA
Annex 2 to the standard of state service "Registration of Transfer of the Exclusive Right to a Trademark, a Selective Achievement and an Industrial Property Object" Form |
APPLICATION
on registration of the transfer of the exclusive right under the contract of assignment
I hereby request you to register the transfer of the exclusive right under
the contract of assignment in relation to the security document
(security documents) specified in this application.
1. Name (names) and number (numbers) of the security document
(security documents):
__________________________________________________________________________
__________________________________________________________________________
2. Owner (Surname, Name, Patronymic (if available) (hereinafter referred to as the Full name)
of individual/name of legal entity *; legal address):
__________________________________________________________________________
__________________________________________________________________________
3. Assignee (Full name of individual/name of legal entity *; legal address):
__________________________________________________________________________
__________________________________________________________________________
4. Patent Attorney or other representative of the applicant
__________________________________________________________________________
__________________________________________________________________________
5. Address for correspondence, Contact telephone
__________________________________________________________________________
__________________________________________________________________________
Annexes:
Contract on __ pages;
A copy of Power of Attorney confirming the capacity of the representative
on __ pages in __counterparts;
A document confirming the payment of services of expert organization;
Applicant (Signature) (Full Name, position)
I hereby give consent to the use of information constituting a secret protected by law contained
in information systems
Note:* Foreign names of legal entities shall be in Kazakh and Russian transliteration
* Foreign names of legal entities shall be in Kazakh and Russian transliteration
Annex 3 to the standard of state service "Registration of theTransfer of the Exclusive Right to a Trademark, a Selective Achievement and an Industrial Property Object" Form |
APPLICATION
on registration of the transfer of the exclusive right under the partial assignment contract
I hereby request you to register the transfer of the exclusive right under
the partial assignment contract in relation to the security document
(security documents) specified in this application.
1. Name (names) and number (numbers) of the security document
(security documents):
__________________________________________________________________________
__________________________________________________________________________
2. Owner (Surname, Name, Patronymic (if available) (hereinafter referred to as the Full name)
of individual/name of legal entity *; legal address):
__________________________________________________________________________
__________________________________________________________________________
3. Assignee (Full name of individual/name of legal entity *; legal address):
__________________________________________________________________________
__________________________________________________________________________
4. Patent Attorney or other representative of the applicant
__________________________________________________________________________
__________________________________________________________________________
5. The amount of rights transferred, provided by the contract
__________________________________________________________________________
6. Address for correspondence, Contact telephone
__________________________________________________________________________
Annexes:
Contract on __ pages;
A copy of Power of Attorney confirming the capacity of the representative
on __ pages in __counterparts;
A document confirming the payment of services of expert organization;
Applicant (Signature) (Full Name, position)
I hereby give consent to the use of information constituting a secret protected by law contained
in information systems
Note:
* Foreign names of legal entities shall be in Kazakh and Russian transliteration
* Foreign names of legal entities shall be in Kazakh and Russian transliteration
Annex 5 to Order No. 1481 of Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Registration of a trademark”
Chapter 1. General provisions
1. The state service "Registration of a Trademark" (hereinafter referred to as the state service).
2. The standard of state services (hereinafter referred to as the standard) developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the authorized agency).
3. The state 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).
The receipt of documents and issuance of the result of the provision of state service shall be carried out via:
1) the service provider’ office;
2) web portal “electronic government” www.egov.kz (hereinafter referred to as the portal).
Chapter 2. Procedure for provision of state service
4. The term for provision of state service:
1) within 10 (ten) working days from the date of delivery by the individual or legal entity (hereinafter referred to as the service recipient) of the package of documents specified in paragraph 9 of this standard.
2) the maximum allowable waiting time for delivery of documents through the portal - 15 minutes;
3) the maximum allowable waiting time for delivery of documents through the office of the service provider - 30 (thirty) minutes;
4) the maximum allowable service time by the office of the service provider - 30 (thirty) minutes.
5. The form of the provision of state service: electronic (partially automated) and (or) paper.
6. The result of the provision of state service:
1) upon registration of a trademark:
entering a trademark in the State Register of Trademarks (hereinafter referred to as the Public Register), issuing a trademark certificate and publishing information on the issue or a reasoned response on refusal to provide state services on the grounds provided by paragraph 10 of this standard;
2) when issuing a duplicate certificate for a trademark:
issuance of a duplicate certificate for a trademark or a reasoned response on refusal to provide a state service on the grounds provided by paragraph 10 of this standard.
7. The state service shall be provided on a paid basis in accordance with the Price for services in the field of protection of trademarks, names places of origin of goods, industrial property objects, selection achievements approved in accordance with paragraph 2 of Article 3-1 of the Law "On Trademarks, Service Marks and Appellations of Origin of Goods ", in accordance with paragraph 2 of Article 3-2 of the Law" On the Protection of Selection Achievements ", in accordance with paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan" Patent Law of the Republic of Kazakhstan" (hereinafter referred to as the Prices), and posted on the official websites of the authorized agency www.adilet.gov.kz and the service provider www.kazpatent.kz.
Payment shall be made in cash or other than in cash through second-tier banks or payment gate of “electronic government” (hereinafter referred to as the PGEG).
Bank details required to pay for the services of the service provider shall be specified in Annex 1 to this standard.
8. Work schedule:
1) Service provider - from Monday to Friday inclusive from 09-00 to 18-30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays according to the Labor legislation of the Republic of Kazakhstan;
2) Portal - round-the-clock, with the exception of technical interruptions related to repair work (when the recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the Labor legislation of the Republic of Kazakhstan).
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service when contacting the service provider:
1) upon registration of a trademark:
application for the provision of state service in the form in accordance with Annex 2 to this standard; document confirming the payment;
Power of attorney, (if the application is filed by a representative) or a copy of the power of attorney (if the application is filed by a patent attorney);
2) when issuing a duplicate certificate for a trademark:
petition for the provision of state service in the form in accordance with Annex 3 to this standard;
document confirming the payment;
Power of attorney, (if the petition is filled by a representative) or a copy of the power of attorney (if the petition is filed by a patent attorney);
in the case of an application by the assignee, a certified copy of the document confirming the succession.
The list of documents when applying via the portal:
1) upon registration of a trademark:
an application in the form of an electronic document certified by electronic digital signature of the service recipient;
electronic copy of the document confirming the payment;
electronic copy of the power of attorney (if the application is filed by a representative or patent attorney);
2) when issuing a duplicate certificate for a trademark:
a petition in the form of an electronic document certified by electronic signature of the service recipient;
electronic copy of the document confirming the payment;
an electronic copy of the power of attorney (if the petition is filed by a representative or patent attorney);
in the case of the filing of a petition by the assignee, a certified electronic copy of the document confirming the succession.
The service recipient shall give consent to the use of the information constituting a secret protected by the Law contained in information systems in the provision of state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
10. The service provider shall refuse to provide state services "Registration of a Trademark" and "Issuance of a Duplicate Certificate for a Trademark" when establishing the inaccuracy of the documents submitted by the service recipient to obtain the state service, and (or) data (information) contained therein.
In cases when the service recipient submits an incomplete package of documents in accordance with paragraph 9 of this standard and (or) documents that expired, the service provider shall refuse to accept the application.
Chapter 3. Procedure for appealing decisions, actions (omissions) of service provider and (or)
its officials on the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the service provider at the address, specified in paragraph 13 of this standard.
The complaint shall be accepted in writing by mail or purposely through the office of the service provider, or though the portal.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint. The complaint shall be signed by the service recipient.
Information on the procedure for appealing via the portal can be obtained by calling the unified contact center, specified in paragraph 16 of this standard.
Complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or issued on purpose in the office of the service provider.
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaints of service recipients received to:
addressed to the authorized agency shall be considered within five working days from the date of its registration;
addressed to the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration.
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for the provision
of state service
13. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized agency www.adilet.gov.kz. and service provider www.kazpatent.kz.
14. The service recipient shall have the opportunity to receive the state service in electronic form via the portal, subject to the availability of Electronic Digital Signature.
15. The service recipient shall have the opportunity to receive the information on the procedure and status of the provision of the state service in the remote access mode through the "personal account" of the portal, as well as the Unified Contact Center.
16. Contact telephones of inquiry services on the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16.
Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Registration of a Trademark" |
Bank details, required to pay for the services of the service provider
Recipient: Republican State Enterprise on the Right of Economic Management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan
Address: 010000, Republic of Kazakhstan, Astana city, Yessil district, Korgalzhyn road, building 3Б
BIN: 020940003199
Beneficiary Code: 16
Payment Purpose Code:859
Bank name IIC BIC
"Nurbank" JSC KZ8584905KZ006015415NURSKZKX
"Kazkommertsbank" JSC KZ489261501148407000KZKOKZKX
"Halyk Bank of Kazakhstan" JSC KZ386010111000288323HSBKKZKX
"Tsesnabank" JSC KZ98998ВТВ0000358095TSESKZKA
"ATFBank" JSC KZ87826Z0KZTD2008449 ALMNKZKA
Subsidiary Bank of “Sberbank” JSC KZ14914012203KZ0047J SABRKZKA
Branch of "ForteBank" JSC in Astana KZ1096503F0007611692IRTYKZKA
Annex 2 to the standard of state service "Registration of a Trademark" Form |
Application on issuance a certificate of trademark/certificate for the right to use the
name of origin of goods
Upon a decision of expert organization on issuance a certificate
of trademark/certificate for the right to use the name of origin of goods on application
No _______.
payment document
_____________________________________________________
(document No. and date of payment)
Power of attorney (if the application is filled by a representative) or a copy of the power of attorney
(if application is filed by patent attorney).
Applicant
_________________ _____________________________________
(signature) surname, name, patronymic (if available)
Patent Attorney or other representative
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained
in information systems
Annex 3 to the standard of state service "Registration of a Trademark" form |
PETITION
for issuing a duplicate certificate of trademark/name of origin of goods
In connection with the loss (deterioration) of the original certificate, I hereby ask you to issue
the duplicate certificate of trademark/name of origin of goods
No. __________.
Note:
document of payment for the preparation of documents for the issuance of a duplicate certificate
______________________________________________________
document No. and date of payment)
Power of attorney (if the petition is filled by a representative)
or a copy of the power of attorney
(if petition is filed by patent attorney).
Patent holder
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
Patent Attorney or other representative
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained in information systems
Annex 6 to Order No. 1481 of the Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Registration of the Right to Use the Appellation
of Origin of Goods"
Chapter 1. General provisions
1. The state service "Registration of the Right to Use Appellation of Origin of Goods" (hereinafter referred to as the state service).
2. The standard of state services (hereinafter referred to as the standard) developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the authorized agency).
3. The state 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).
The receipt of documents and issuance of the result of the provision of state service shall be carried out via:
1) the service provider’ office;
2) web portal “electronic government” www.egov.kz (hereinafter referred to as the portal).
Chapter 2. Procedure for provision of state service
4. The term for provision of state service:
1) within 10 (ten) working days from the date of delivery by the individual or legal entity (hereinafter referred to as the service recipient) of the package of documents specified in paragraph 9 of this standard.
2) the maximum allowable waiting time for delivery of documents through the portal - 15 minutes;
3) the maximum allowable waiting time for delivery of documents through the office of the service provider - 30 (thirty) minutes;
4) the maximum allowable service time by the office of the service provider - 30 (thirty) minutes.
5. The form of the provision of state service: electronic (partially automated) and (or) paper.
6. The result of the provision of state service:
1) upon registration of the right to use appellation of origin of goods:
entering information on registration of the right to use the appellation of origin of goods into the State Register of Appellations of Origin of Goods (hereinafter referred to as the State Register), issuing a certificate for the right to use the appellation of origin of goods and publishing information about issuing or a reasoned response on refusal to provide state services on the grounds established by paragraph 10 of this standard;
2) when issuing a duplicate certificate of the right to use the appellation of origin of goods:
issuance of a duplicate certificate of the right to use the appellation of origin of goods or a reasoned response on refusal to provide a state service on the grounds provided by paragraph 10 of this standard.
7. The state service shall be provided on a paid basis in accordance with the Price for services in the field of protection of trademarks, names places of origin of goods, industrial property objects, selection achievements approved in accordance with paragraph 2 of Article 3-1 of the Law "On Trademarks, Service Marks and Appellations of Origin of Goods", in accordance with paragraph 2 of Article 3-2 of the Law "On the Protection of Selection Achievements", in accordance with paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan" Patent Law of the Republic of Kazakhstan" (hereinafter referred to asthe Prices), and posted on the official websites of the authorized agency www.adilet.gov.kz and the service provider www.kazpatent.kz.
Payment shall be made in cash or other than in cash through second-tier banks or payment gateway of e-government (hereinafter referred to as the PGEG).
Bank details required to pay for the services of the service provider shall be specified in Annex 1 to this standard.
8. Work schedule:
1) Service provider - from Monday to Friday inclusive from 09-00 to 18-30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays according to the Labor legislation of the Republic of Kazakhstan;
2) Portal - round-the-clock, with the exception of technical interruptions related to repair work (when the recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the Labor legislation of the Republic of Kazakhstan).
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service when contacting the service provider:
1) upon registration of the right to use the appellation of origin of goods:
application for the provision of state service in the form in accordance with Annex 2 to this standard;
document confirming the payment;
Power of attorney, (if the application is filed by a representative) or a copy of the power of attorney (if the application is filed by a patent attorney);
2) when issuing a duplicate certificate for the right to use the appellation of origin of goods:
petition for the provision of state service in the form in accordance with Annex 3 to this standard;
document confirming the payment;
Power of attorney, (if the petition is filled by a representative) or a copy of the power of attorney (if the petition is filed by a patent attorney);
The list of documents when applying via the portal:
1) upon registration of the right to use the appellation of origin of goods:
an application in the form of an electronic document certified by electronic digital signature of the service recipient;
electronic copy of the document confirming the payment;
electronic copy of the power of attorney (if the application is filed by a representative or patent attorney);
2) when issuing a duplicate certificate for the right to use the appellation of origin of goods:
a petition in the form of an electronic document certified by electronic signature of the service recipient;
electronic copy of the document confirming the payment;
an electronic copy of the power of attorney (if the petition is filed by a representative or patent attorney);
in the case of the filing of a petition by the assignee, a certified electronic copy of the document confirming the succession.
The service recipient shall give consent to the use of information constituting a secret protected by the Law contained in information systems in the provision of state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
10. The service provider shall refuse to provide state services "Registration of the Right to Use the Appellation of Origin of Goods" and "Issuance of a Duplicate Certificate for the Right to Use the Appellation of Origin of Goods" when establishing the inaccuracy of the documents submitted by the service recipient to obtain the state service, and (or) data (information) contained therein. .
In cases when the service recipient submits an incomplete package of documents in accordance with paragraph 9 of this standard and (or) documents that expired, the service provider shall refuse to accept the application.
Chapter 3. Procedure for appealing decisions, actions (omissions) of service provider and
(or) its officials on the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the service provider at the address, specified in paragraph 13 of this standard.
The complaint shall be accepted in writing by mail or purposely through the office of the service provider, or via the portal.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint. The complaint shall be signed by the service recipient.
Information on the procedure for appealing via the portal can be obtained by calling the unified contact center, specified in paragraph 16 of this standard.
Complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or by personal delivery in the office of the service provider.
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaints of service recipients received to:
addressed to the authorized agency shall be considered within five working days from the date of its registration;
addressed to the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration.
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for provision of state service
13. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized agency www.adilet.gov.kz. and service provider www.kazpatent.kz.
14. The service recipient shall have the opportunity to receive the state service in electronic form via the portal, subject to the availability of Electronic Digital Signature.
15. The service recipient shall have the opportunity to receive information on the procedure and status of the provision of the state service in the remote access mode through the "personal account" of the portal, as well as the Unified Contact Center.
16. Contact telephones of inquiry services on the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16.
Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Registration of the Right to Use Appellation of Origin of Goods" |
Bank details, required to pay for the services of the service provider
Recipient: Republican State Enterprise on the Right of Economic Management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan
Address: 010000, Republic of Kazakhstan, Astana city, Yessil district, Korgalzhyn road, building 3Б
BIN: 020940003199
Beneficiary Code: 16
Payment Purpose Code:859
Bank name IIC BIC
"Nurbank" JSC KZ8584905KZ006015415NURSKZKX
"Kazkommertsbank" JSC KZ489261501148407000KZKOKZKX
"Halyk Bank of Kazakhstan" JSC KZ386010111000288323HSBKKZKX
"Tsesnabank" JSC KZ98998ВТВ0000358095TSESKZKA
"ATFBank" JSC KZ87826Z0KZTD2008449 ALMNKZKA
Subsidiary Bank of “Sberbank” JSC KZ14914012203KZ0047J SABRKZKA
Branch of "ForteBank" JSC in Astana KZ1096503F0007611692IRTYKZKA
Annex 2 to the standard of state service "Registration of the Right to Use Appellation of Origin of Goods" Form |
Application on issuance a certificate of trademark/certificate
for the right to use appellation of origin of goods
Upon a decision of expert organization on issuance a certificate
of trademark/certificate for the right to use appellation of origin of goods on application
No. _______.
payment document
_____________________________________________________
(document No. and date of payment)
Power of attorney (if the application is filled by a representative)
or a copy of the power of attorney
(if application is filed by patent attorney).
Applicant
_________________ _____________________________________
(signature) surname, name, patronymic (if available)
Patent Attorney or other representative
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained
in information systems
Annex 3 to the standard of state service "Registration of the Right to Use Appellation of Origin of Goods" Form |
PETITION
for issuance a duplicate certificate of trademark/appellation
of origin of goods
In connection with the loss (deterioration) of the original certificate, I hereby ask you to issue
a duplicate certificate of trademark/appellation of origin of goods
No. __________.
Note:
document of payment for the preparation of documents for the issuance of a duplicate certificate
______________________________________________________
document No. and date of payment)
Power of attorney (if the petition is filled by a representative)
or a copy of the power of attorney
(if petition is filed by patent attorney).
Patent holder
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
Patent Attorney or other representative
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained
in information systems
Annex 7 to Order No. 1481 of the Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Issuance of security documents in the field of industrial property"
Chapter 1. General provisions
1. The state service "Issuance of security documents in the field of industrial property" (hereinafter referred to as the state service).
2. The standard of state services (hereinafter - standard) developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the authorized agency).
3. The state 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).
The receipt of documents and issuance of the result of the provision of state service shall be carried out through
1) the service provider’ office;
2) web portal “electronic government” www.egov.kz (hereinafter referred to as the portal).
Chapter 2. Procedure for provision of state service
4. The term for the provision of state service:
1) within 10 (ten) working days from the date of delivery by the individual or legal entity (hereinafter referred to as the service recipient) of the package of documents specified in paragraph 9 of this standard.
2) the maximum allowable waiting time for delivery of documents through the portal - 15 minutes;
3) the maximum allowable waiting time for delivery of documents through the office of the service provider - 30 (thirty) minutes;
4) the maximum allowable service time by the office of the service provider - 30 (thirty) minutes.
5. The form of the provision of state service: electronic (partially automated) and (or) paper.
6. The result of the provision of state service:
1) upon issuance of security document:
entering information on issuance of security document (on an industrial design; on a utility model; on an invention) to the State Register, issuing a security document and publishing information on the issue or a reasoned response on the refusal to provide state services on the grounds established by paragraph 10 of this standard;
2) upon issuance of a duplicate of security document:
issuance of a duplicate of security document or a reasoned response on refusal to provide a state service on the grounds provided by paragraph 10 of this standard.
7. The state service shall be provided on a paid basis in accordance with the Price for services in the field of protection to industrial property objects, selection achievements approved in accordance with paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan "Patent Law of the Republic of Kazakhstan" (hereinafter referred to as the Prices), and posted on the official websites of the authorized agency www.adilet.gov.kz and the service provider www.kazpatent.kz.
Payment shall be made in cash or other than in cash through payment gate of “electronic government”(hereinafter referred to as the PGEG) or second-tier banks.
Bank details required to pay for the services of the service provider shall be specified in Annex 1 to this standard.
8. Work schedule:
1) Service provider - from Monday to Friday inclusive from 09-00 to 18-30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays according to the Labor legislation of the Republic of Kazakhstan;
2) Portal - round-the-clock, with the exception of technical interruptions related to repair work (when the recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the Labor legislation of the Republic of Kazakhstan).
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service when contacting the service provider:
1) upon issuance of security document:
application for the provision of state service in the form in accordance with Annex 2 to this standard;
document confirming the payment;
Power of attorney, (if the application is filed by a representative) or a copy of the power of attorney (if the application is filed by a patent attorney);
2) upon issuance of a duplicate of security document:
petition on issuance of a duplicate of a patent for an invention, utility model, industrial design (author's certificate) in the form according to Annex 3 to this standard;
document confirming the payment;
The list of documents when applying via the portal:
1) upon issuance of security document:
an application in the form of an electronic document certified by electronic digital signature of the service recipient;
an electronic copy of the document confirming the payment;
an electronic copy of the power of attorney (if the application is filed by a representative or patent attorney);
2) upon issuance of a duplicate of security document:
a petition in the form of an electronic document certified by electronic signature of the service recipient;
an electronic copy of the document confirming the payment;
The service recipient shall give consent to the use of the information constituting a secret protected by the Law contained in information systems in the provision of state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
10. The service provider shall refuse to provide state services "Issuance of a Security Document in the Field of Industrial Property" and "Issuance of a Duplicate of a Security Document in the Field of Industrial Property " when establishing the inaccuracy of the documents submitted by the service recipient to obtain the state service, and (or) data (information) contained therein.
In cases when the service recipient submits an incomplete package of documents in accordance with paragraph 9 of this standard and (or) documents that expired, the service provider shall refuse to accept the application.
Chapter 3. Procedure for appealing decisions, actions (omissions) of service provider and (or)
its officials for the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the service provider at the address, specified in paragraph 13 of this standard.
The complaint shall be accepted in writing by mail or purposely through the office of the service provider, or though the portal.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint. The complaint shall be signed by the service recipient.
Information on the procedure for appealing via the portal can be obtained by calling the unified contact center, specified in paragraph 16 of this standard.
A complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or by personal delivery to the office of the service provider.
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaints of service recipients received to:
addressed to the authorized agency shall be considered within five working days from the date of its registration;
addressed to the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration.
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for the provision
of state service
13. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized agency www.adilet.gov.kz. and service provider www.kazpatent.kz.
14. The service recipient shall have the opportunity to receive the state service in electronic form through the portal, subject to the availability of Electronic Digital Signature.
15. The service recipient shall have the opportunity to receive the information on the procedure and status of the provision of the state service in the remote access mode via the "personal account" of the portal, as well as the Unified Contact Center.
16. Contact telephones of inquiry services for the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16.
Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Issuance of Security Documents in the Field of Industrial Property" |
Bank details, required to pay for the services of the service provider
Recipient: Republican State Enterprise on the Right of Economic Management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan
Address: 010000, Republic of Kazakhstan, Astana city, Yessil district, Korgalzhyn road, building 3Б
BIN: 020940003199
Beneficiary Code: 16
Payment Purpose Code:859
Bank name IIC BIC
"Nurbank" JSC KZ8584905KZ006015415NURSKZKX
"Kazkommertsbank" JSC KZ489261501148407000KZKOKZKX
"Halyk Bank of Kazakhstan" JSC KZ386010111000288323HSBKKZKX
"Tsesnabank" JSC KZ98998ВТВ0000358095TSESKZKA
"ATFBank" JSC KZ87826Z0KZTD2008449 ALMNKZKA
Subsidiary Bank of “Sberbank” JSC KZ14914012203KZ0047J SABRKZKA
Branch of "ForteBank" JSC in Astana KZ1096503F0007611692IRTYKZKA
Annex 2 to the standard of state service "Issuance of Security Documents in the Field of Industrial Property" Form |
Application on issuance of a security document
Upon a decision of expert organization on issuance a certificate
of trademark/certificate for the right to use the appellation of origin of goods
on application No. _______.
document on payment
_____________________________________________________
(document No. and date of payment)
Power of attorney (if the application is filled by a representative)
or a copy of the power of attorney
(if application is filed by patent attorney).
Applicant
_________________ _____________________________________
(signature) surname, name, patronymic (if available)
Patent Attorney or other representative
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained in information systems
Annex 3 to the standard of state service "Issuance of Security Documents in the Field of Industrial Property" Form |
PETITION
for the issuance of a duplicate of a patent for invention,
utility model, industrial design (author’s certificate)
Annex 8 to Order No. 1481 of the Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Issuance of a Security Document on Selective Achievement"
Chapter 1. General provisions
1. The state service "Issuance of a Security Document on Selection Achievement" (hereinafter referred to as the state service).
2. The standard of state services (hereinafter referred to as the standard) developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the authorized agency).
3. The state 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).
The receipt of documents and issuance of the result of the provision of state service shall be carried out through
1) the service provider’ office;
2) web portal “electronic government” www.egov.kz (hereinafter referred to as the portal).
Chapter 2. Procedure for the provision of state service
4. The term for the provision of state service:
1) within 10 (ten) working days from the date of delivery by the individual or a legal entity (hereinafter referred to as the service recipient) of the package of documents specified in paragraph 9 of this standard.
2) the maximum allowable waiting time for delivery of documents through the portal - 15 minutes;
3) the maximum allowable waiting time for delivery of documents through the office of the service provider - 30 (thirty) minutes;
4) the maximum allowable service time by the office of the service provider - 30 (thirty) minutes.
5. The form of the provision of state service: electronic (partially automated) and (or) paper.
6. The result of the provision of state service:
1) upon issuance of security document:
entering information on issuance of security document on selection achievement into the State Register, issuing a security document and publishing information on the issue or a reasoned response on the refusal to provide state services on the grounds established by paragraph 10 of this standard;
2) upon issuance of a duplicate of security document:
issuance of a duplicate of security document or a reasoned response on refusal to provide a state service on the grounds provided by paragraph 10 of this standard.
7. The state service shall be provided on a paid basis in accordance with the Price for services in the field of protection of selective achievements, approved in accordance with paragraph 2 of Article 3-2 of the Law "On Protection of Selective Achievements" (hereinafter referred to as the Prices), and posted on the official websites of the authorized agency www.adilet.gov.kz and the service provider www.kazpatent.kz.
Payment shall be made in cash or other than in cash through second-tier banks or payment gate of “electronic government” (hereinafter referred to as the PGEG).
Bank details required to pay for the services of the service provider shall be specified in Annex 1 to this standard.
8. Work schedule:
1) Service provider - from Monday to Friday inclusive from 09-00 to 18-30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays according to the Labor legislation of the Republic of Kazakhstan;
2) Portal - round-the-clock, with the exception of technical interruptions related to repair work (when the recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the Labor legislation of the Republic of Kazakhstan).
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service when applying to the service provider:
1) upon issuance of security document:
application for the provision of state service in the form in accordance with Annex 2 to this standard;
document confirming the payment;
Power of attorney, (if the application is filed by a representative) or a copy of the power of attorney (if the application is filed by a patent attorney);
2) upon issuance of a duplicate of security document:
a petition on issuance of a duplicate of security document on selection achievement in the form according to Annex 3 to this standard;
the document confirming the payment;
The list of documents when applying via the portal:
1) upon issuance of security document:
an application in the form of an electronic document certified by electronic digital signature of the service recipient;
an electronic copy of the document confirming the payment;
an electronic copy of the power of attorney (if the application is filed by a representative or patent attorney);
2) upon issuance of a duplicate of security document:
a petition in the form of an electronic document certified by electronic signature of the service recipient;
an electronic copy of the document confirming the payment;
The service recipient shall give consent to the use of information constituting a secret protected by the Law contained in information systems in the provision of state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
10. The service provider shall refuse to provide state services "Issuance of a Security Document on Selective Achievement" and "Issuance of a Duplicate of a Security Document on Selective Achievement" when establishing the inaccuracy of the documents submitted by the service recipient to obtain the state service, and (or) data (information) contained therein.
In cases when the service recipient submits an incomplete package of documents in accordance with paragraph 9 of this standard and (or) documents that expired, the service provider shall refuse to accept the application.
Chapter 3. Procedure for appealing decisions, actions (omissions) of service provider
and (or) its officials for the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the service provider at the address, specified in paragraph 13 of this standard.
The complaint shall be accepted in writing by mail or purposely through the office of the service provider, or via the portal.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint. The complaint shall be signed by the service recipient.
Information on the procedure for appealing via the portal can be obtained by calling the unified contact center, specified in paragraph 16 of this standard.
Complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or by personal delivery to the office of the service provider.
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaints of service recipients received to:
addressed to the authorized agency shall be considered within five working days from the date of its registration;
addressed to the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration.
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for the provision
of state service
13. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized agency www.adilet.gov.kz. and service provider www.kazpatent.kz.
14. The service recipient shall have the opportunity to receive the state service in electronic form via the portal, subject to the availability of Electronic Digital Signature.
15. The service recipient shall have the opportunity to receive the information on the procedure and status of the provision of the state service in the remote access mode via the "personal account" of the portal, as well as the Unified Contact Center.
16. Contact telephones of inquiry services on the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16.
Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Issuance of a Security Document on Selective Achievement" |
Bank details, required to pay for the services of the service provider
Recipient: Republican State Enterprise on the Right of Economic Management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan
Address: 010000, Republic of Kazakhstan, Astana city, Yessil district, Korgalzhyn road, building 3B
BIN: 020940003199
Beneficiary Code: 16
Payment Purpose Code:859
Bank name IIC BIC
"Nurbank" JSC KZ8584905KZ006015415NURSKZKX
"Kazkommertsbank" JSC KZ489261501148407000KZKOKZKX
"Halyk Bank of Kazakhstan" JSC KZ386010111000288323HSBKKZKX
"Tsesnabank" JSC KZ98998ВТВ0000358095TSESKZKA
"ATFBank" JSC KZ87826Z0KZTD2008449 ALMNKZKA
Subsidiary Bank of “Sberbank” JSC KZ14914012203KZ0047J SABRKZKA
Branch of "ForteBank" JSC in Astana KZ1096503F0007611692IRTYKZKA
Annex 2 to the standard of state service "Issuance of a Security Document on Selection Achievement" Form |
Application for the issuance of a security document
Upon a decision of expert organization on issuance a certificate
of trademark/certificate for the right to use the appellation of origin of goods
on application No. _______.
document on payment
_____________________________________________________
(document No. and date of payment)
Power of attorney (if the application is filled by a representative)
or a copy of the power of attorney
(if application is filed by patent attorney).
Applicant
_________________ _____________________________________
(signature) surname, name, patronymic (if available)
Patent Attorney or other representative
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained
in information systems
Annex 3 to the standard of state service "Issuance of a Security Document on Selective Achievement" Form |
PETITION
for the issuance of a duplicate of a security document
on selective achievement (author’s certificate)
In connection with the loss (deterioration) of the original certificate,
I hereby ask you to issue a duplicate certificate of trademark/appellation of origin of goods
No. __________.
Note:
document of payment for the preparation of documents for the issuance of a duplicate certificate
______________________________________________________
document No. and date of payment)
Power of attorney (if the petition is filled by a representative)
or a copy of the power of attorney
(if a petition is filed by patent attorney).
Patent holder
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
Patent Attorney or other representative
_________________ ______________________________________
(signature) surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained
in information systems
Annex 9 to Order No. 1481 of the Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Registration of Integrated Circuit Topographies"
Chapter 1. General provisions
1. The state service "Registration of Integrated Circuit Topographies" (hereinafter referred to as the state service).
2. The standard of state services (hereinafter referred to as the standard) developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the authorized agency).
3. The state service shall be provided by the Republican State Enterprise "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the service provider).
The receipt of an application and issuance of the result of the provision of state service shall be carried out through the service provider’ office.
Chapter 2. Procedure for the provision of a state service
4. The term for the provision of a state service:
1) within 15 (fifteen) working days from the date of delivery by the individual or legal entity (hereinafter referred to as the service recipient) of the package of documents specified in paragraph 9 of this standard.
2) the maximum allowable waiting time for delivery of documents – 30 (thirty) minutes;
3) the maximum allowable service time - 30 (thirty) minutes.
5. The form of the provision of a state service - paper.
6. The result of the provision of a state service – the issuance of a certificate on public registration of integrated circuit topographies or a reasoned response on the refusal to provide the state service on the grounds specified by paragraph 10 of this standard.
7. The state service shall be provided on a paid basis in accordance with the Price for services in the field of protection of topographies, approved in accordance with paragraph 2 of Article 4-1 of the Law of "On Legal Protection of Integrated Circuit Topographies" (hereinafter referred to as the Prices), and posted on the official websites of the authorized agency www.adilet.gov.kz and the service provider www.kazpatent.kz.
Payment shall be made in cash or other than in cash through the second-tier banks.
Bank details required to pay for the services of the service provider shall be specified in Annex 1 to this standard.
8. Work schedule of service provider: from Monday to Friday inclusive from 09-00 to 18-30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays according to the Labor legislation of the Republic of Kazakhstan;
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service upon application of the service recipient (or hisher representative by power of attorney):
application on registration of integrated circuit topographies indicating the author (s) and the person (s) on the name (s) of the registration is requested, as well as their residence or location, date of first use of the topography, if it took place on the form according to Annex 2 to this standard;
2) materials identifying the topography, including the abstract;
3) a copy of the power of attorney issued in accordance with the requirements of the Civil Code of the Republic of Kazakhstan dated December 27, 1994 (hereinafter referred to as the Civil Code), if the application for registration is filed by a representative;
4) a document confirming the payment for the services of the expert organization;
10. The grounds for refusal to provide state service, established by the laws of the Republic of Kazakhstan, shall be establishing the inaccuracy of the documents submitted by the service recipient to obtain the state service, and (or) data (information) contained therein.
In cases when the service recipient submits an incomplete package of documents in accordance with paragraph 9 of this standard and (or) documents that expired, the service provider shall refuse to accept the application.
Chapter 3. Procedure for appealing decisions, actions (omissions) of a service provider and
(or) its officials for the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the service provider at the address, specified in paragraph 13 of this standard.
The complaint shall be accepted in writing by mail or purposely through the office of the service provider, or though the portal.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint. The complaint shall be signed by the service recipient.
Information on the procedure for appealing via the portal can be obtained by calling the unified contact center, specified in paragraph 16 of this standard.
Complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or issued on purpose in the office of the service provider.
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaints of service recipients received to:
addressed to the authorized agency shall be considered within five working days from the date of its registration;
addressed to the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration.
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for the provision
of a state service
13. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized agency www.adilet.gov.kz. and service provider www.kazpatent.kz.
14. Contact telephones of inquiry services on the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16.
Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Registration of Integrated Circuit Topographies" |
Bank details, required to pay for the services of the service provider
Recipient: Republican State Enterprise on the Right of Economic Management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan
Address: 010000, Republic of Kazakhstan, Astana city, Yessil district, Korgalzhyn road, building 3B
BIN: 020940003199
Beneficiary Code: 16
Payment Purpose Code:859
Bank name IIC BIC
"Nurbank" JSC KZ8584905KZ006015415NURSKZKX
"Kazkommertsbank" JSC KZ489261501148407000KZKOKZKX
"Halyk Bank of Kazakhstan" JSC KZ386010111000288323HSBKKZKX
"Tsesnabank" JSC KZ98998ВТВ0000358095TSESKZKA
"ATFBank" JSC KZ87826Z0KZTD2008449 ALMNKZKA
Subsidiary Bank of “Sberbank” JSC KZ14914012203KZ0047J SABRKZKA
Branch of "ForteBank" JSC in Astana KZ1096503F0007611692IRTYKZKA
Annex 2 to the standard of state service "Registration of Integrated Circuit Topographies" Form |
Annex 10 to Order No. 1481 of the Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service “Provision of an Extract from the Public Registers of Trademarks,
Appellations of Origin of Goods”
Chapter 1. General provisions
1. The state service "Provision of an Extract from the Public Registers of Trademarks, Appellations of Origin of Goods" (hereinafter referred to as the state service).
2. The standard of state services (hereinafter referred to as the standard) developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the authorized agency).
3. The state service shall be provided by the Republican State Enterprise "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the service provider).
The receipt of an application and issuance of the result of the provision of state service shall be carried out through the service provider’ office.
Chapter 2. Procedure for the provision of a state service
4. The term for provision of state service:
1) within 5 (five) working days from the date of delivery by the individual or legal entity (hereinafter - the service recipient) of the package of documents specified in paragraph 9 of this standard.
2) the maximum allowable waiting time for delivery of documents – 15 (fifteen) minutes;
3) the maximum allowable service time - 15 (fifteen) minutes.
5. The form of the provision of state service - paper.
6. The result of the provision of state service - issuance of extract from the Public Registers of trademarks, appellations of origin of goods or a reasoned response on the refusal to provide state service on the grounds specified by paragraph 10 of this standard.
7. The state service shall be provided on a paid basis in accordance with the Price for services in the field of protection of trademarks, appellations of origin of goods, approved in accordance with paragraph 2 of Article 3 of the Law of "On Trademarks, Service Marks and Appellations of Origin of Goods" (hereinafter referred to as the Prices), and posted on the official websites of the authorized agency www.adilet.gov.kz and the service provider www.kazpatent.kz.
Payment shall be made in cash or other than in cash through the second-tier banks.
Bank details required to pay for the services of the service provider shall be specified in Annex 1 to this standard.
8. Work schedule of service provider: from Monday to Friday inclusive from 09-00 to 18-30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays according to the Labor legislation of the Republic of Kazakhstan;
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service when contacting the service provider:
petition on provision of extract from the Public Registers of trademarks, appellations of origin of goods of the Republic of Kazakhstan in the form according to Annex 2 to this standard a document confirming the payment;
10. The grounds for refusal to provide state service, established by the laws of the Republic of Kazakhstan, shall be establishing the inaccuracy of the documents submitted by the service recipient to obtain the state service, and (or) data (information) contained in them.
In cases when the service recipient submits an incomplete package of documents in accordance with paragraph 9 of this standard and (or) documents that expired, the service provider shall refuse to accept the application.
Chapter 3. Procedure for appealing decisions, actions (omissions) of a service provider and
(or) its officials for the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the service provider at the address, specified in paragraph 13 of this standard.
The complaint shall be accepted in writing by mail or by personal delivery through the office of the service provider, or though the portal.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint. The complaint shall be signed by the service recipient.
Information on the procedure for appealing via the portal can be obtained by calling the unified contact center, specified in paragraph 14 of this standard.
Complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or issued on purpose in the office of the service provider.
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaints of service recipients received to:
addressed to the authorized agency shall be considered within five working days from the date of its registration;
addressed to the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration.
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for the provision
of a state service
13. The addresses of the places for provision of state services shall be posted on the Internet resources of the authorized agency www.adilet.gov.kz. and service provider www.kazpatent.kz.
14. Contact telephones of inquiry services on the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16.
Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Provision of an Extract from the Public Registers of Trademarks, Appellations of Origin of Goods" |
Bank details, required to pay for the services of the service provider
Recipient: Republican State Enterprise on the Right of Economic Management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan
Address: 010000, Republic of Kazakhstan, Astana city, Yessil district, Korgalzhyn road, building 3B
BIN: 020940003199
Beneficiary Code: 16
Payment Purpose Code:859
Bank name IIC BIC
"Nurbank" JSC KZ8584905KZ006015415NURSKZKX
"Kazkommertsbank" JSC KZ489261501148407000KZKOKZKX
"Halyk Bank of Kazakhstan" JSC KZ386010111000288323HSBKKZKX
"Tsesnabank" JSC KZ98998ВТВ0000358095TSESKZKA
"ATFBank" JSC KZ87826Z0KZTD2008449 ALMNKZKA
Subsidiary Bank of “Sberbank” JSC KZ14914012203KZ0047J SABRKZKA
Branch of "ForteBank" JSC in Astana KZ1096503F0007611692IRTYKZKA
Annex 2 to the standard of state service "Provision of an Extract from the Public Registers of Trademarks, Appellations of Origin of Goods" Form |
PETITION
for the provision of an extract from the Public Registers
of Trademarks, Appellations of Origin of Goods
Applicant: ________________________________________________________________
Address: _________________________________________________________________
Type of intellectual property object ____________________________________________
Registration number or certificate number _______________________________________
List of attached documents:
1. Document on payment for services of expert organization;
2. Power of Attorney (when filing petition by a representative).
Right holder
________________ __________________________________________________
(signature) surname, name, patronymic (if available)
Patent Attorney or other representative
________________ __________________________________________________
(signature) surname, name, patronymic (if available)
Annex 11 to Order No. 1481 of the Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Certification of Candidates for Patent Attorneys"
Chapter 1. General provisions
1. The standard of state service "Certification of Candidates for Patent Attorneys" (hereinafter referred to as the state service).
2. The public service has been developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
3. The state service shall be provided by the Ministry (hereinafter referred to as the service provider).
The receipt of an application (full package of documents) and issuance of the result of the provision of state service shall be carried out via the web portal “electronic government” www.egov.kz (hereinafter referred to as the portal).
Chapter 2. Procedure for the provision of a state service
4. The terms for the provision of a state service from the date of delivery of the package of documents to the service provider.
The certification exams shall be held within 7 working days of the last month of the corresponding half year.
5. The form of provision the state service - electronic (fully automated).
6. The result of the provision of the a state service - a positive or negative decision following the results of the attestation exam, or a reasoned response on refusal to provide the state service in the cases and on the grounds provided by paragraph 10 of this state service standard.
The form of providing the result of the provision of state services - electronic.
The result of the provision of the state service shall be sent to the "private office" of the individual (hereinafter referred to as the service recipient) in the form of an electronic document signed with electronic digital signature (hereinafter referred to as the EDS) of the authorized person of the service provider or a reasoned response on the refusal to provide the state service in the cases and on the grounds provided by paragraph 10 of this state service standard.
7. State service shall be provided on a paid basis.
The public service shall be paid by the service recipient through banking institutions of the Republic of Kazakhstan, which issue payment documents confirming the amount and date of payment established by Article 614 of the Code of the Republic of Kazakhstan dated December 25, 2017 "On Taxes and Other Compulsory Payments to the Budget (Tax Code)":
for certification of patent attorneys - 15 (fifteen) monthly calculation indices
Payment shall be made in cash payment or gateway of e-government (hereinafter referred to as the PGEG) or other than in cash through second-tier banks.
Bank details required to pay the public due shall be specified in Annex 1 to this state service standard.
8. Work schedule of the portal - round-the-clock, with the exception of technical interruptions related to repair work (when the recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the Labor legislation of the Republic of Kazakhstan).
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service when the service recipient apply to receive the state service on the portal:
1) an application for admission to certification of a candidate for patent attorney certified by an EDS in the National or Russian languages, pursuant to the form in accordance with Annex 2 to this state service standard;
2) information for testing candidates for patent attorneys in accordance with Annex 3 to this state service standard;
3) an electronic copy of the document confirming the labor activity, with work experience of not less than four years;
4) electronic certificates from the forensic-narcological and psychiatric subdivisions issued by the place of residence of the candidate not earlier than one month prior to their submission to the authorized agency, indicating the information throughout the Republic of Kazakhstan;
5) an electronic copy of the document confirming the payment of the public due for certification of patent attorneys, except in cases of payment through the PGEG;
The information specified in Annex 3 of this state service standard shall be verified with the originals of the documents submitted by the service recipient during the attendance at the certification exam.
the service provider shall receive the information on the public due payment, the information on the identity document of the service recipient through the PGEG from the relevant state information systems via the payment gate of “electronic government".
The service recipient shall give consent to the use of information constituting a secret protected by the Law contained in information systems in the provision of state services, unless otherwise provided by the laws of the Republic of Kazakhstan
When the service recipient submits all necessary documents , the status of accepting the request for the provision of the state service shall be sent to the “private office” of service recipient, as well as a notification indicating the date and time of the certification exam for the patent attorney.
10. The grounds for refusal to provide state services established by the laws of the Republic of Kazakhstan shall be:
1) the establishment of the inaccuracy of the documents and (or) data (information) contained in them submitted by the service recipient to obtain the state service,
2) the inconsistency of the service recipient and (or) the submitted materials, objects, data and information necessary for the provision of state services, the requirements established by the regulatory legal acts of the Republic of Kazakhstan;
3) in respect to the service recipient, there is a court decision that has entered into force on the prohibition of activities or certain types of activities requiring the receipt of a certain state service
In cases of inadequate processing or submission of an incomplete package of documents in accordance with paragraph 9 of this standard via the “electronic government” web portal, the service provider shall give a written reasoned refusal to further consider the application within two working days from the date of their receipt.
Chapter 3. Procedure for appealing decisions, actions (omissions) of service provider and
(or) its officials for the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the Ministry at the address: 010000, Astana city, Yessil district, Mangilik El Street, building 8, Entrance 13, office 022, Telephone: 8 (7172) 74-07-84, 55-87-64.
The complaint shall be accepted in writing by mail or by personal delivery viathe office of the service provider in working days.
Where necessary, the service recipient shall attach to the complaint documents confirming the poor quality of the state service provided by the service provider.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint, term and place of receipt of the response to the submitted complaint.
Complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or issued on purpose in the office of the service provider.
When applying via the portal, the information on the appeal procedure can be obtained by calling the Unified Contact Center: 1414, 8 800 080 7777.
When sending a complaint via the portal to the service recipient from the “personal account”, the information about the application shall be available, which is updated during the processing of the application by the service provider (marks on delivery, registration, execution, response for consideration or refusal to consider the complaint).
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaint of service recipients received by the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration;
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for the provision of a state
service including in an electronic form
13. The addresses of the places for the provision of a state services shall be posted on the Internet resources of the service provider www.adilet.gov.kz., section “State services”.
14. The service recipient shall have the opportunity to receive the state service in electronic form via the portal, subject to the availability of Electronic Digital Signature.
15. The service recipient shall have the opportunity to receive the information on the procedure and status of the provision of the state service in the remote access mode via the "personal account" of the portal, as well as the Unified Contact Center.
16. Contact telephones of inquiry services for the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16. Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Certification of Candidates for Patent Attorneys" |
Bank details, required to pay public due
Beneficiary - RSE State Revenue Division by Esil district of the State Revenue Department by Astana city of SRC MF RK
BIN – 081240013779
IIC - KZ24070105KSN0000000
BIC - KKMFKZ2A
Beneficiary Bank - SE Treasury Committee of the Ministry of Finance of the Republic of Kazakhstan, Astana city
Beneficiary Code- 11
Budget Classification Code (BCC) – 108125
Application for admission to certification for a patent attorney
I hereby ask you to admit me to the certification as a patent attorney of the Republic of Kazakhstan.
I bear personal responsibility for providing accurate information, and also give consent to the use of information constituting a secret protected by law, contained in information systems for the provision of this state service.
Telephone:
E-mail:
Fax:
Set of required documents:
- information for passing the certification of candidates for patent attorneys;
- electronic copy of the document confirming labor activity with work experience
not less than four years;
- electronic certificates from the forensic-narcological and psychiatric subdivisions, ssued by the candidate’s place of residence no earlier than one month prior to its submission to authorized agency, with indication of information throughout the Republic of Kazakhstan;
- an electronic copy of the document confirming the payment of the public due for certification of patent attorneys, with the exception of cases of payment through PGEG.
Attached _____ pages.
Citizen _________________________________________ Date: _________
(signature) (Surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained in information systems
Annex 3 to the standard of state service "Certification of Candidates for Patent Attorneys |
Information
for passing the certification of candidates for patent attorney
__________________________________________________________________________
Surname, name, patronymic (if available) of an individual,
Individual Identification Number)
1. Information on the Diploma:
1) Name of Higher Educational Establishment _________________________________
2) Diploma number __________________________________________________________
3) Date of Diploma issue _____________________________________________________
4) document confirming the passing of the procedure of nostrification or
recognition in accordance with the Law of the Republic of Kazakhstan "On Education":
series and number ___________________________________________________________
Ground: Date and number___________________________________________________
Registration number and date______________________________________________
Individual __________________________________ date: ___________________
(signature) Surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained in information systems
Annex 12 to Order No. 1481 of the Minister of Justice of the Republic of Kazakhstan dated October 11, 2018 |
Standard of state service "Issue of a Patent Attorney Certificate"
Chapter 1. General provisions
1. The standard of state service "Issue of a Patent Attorney Certificate" (hereinafter referred to as the state service).
2. The public service has been developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
3. The state service shall be provided by the Ministry (hereinafter - service provider).
The receipt of an application (full package of documents) and issuance of the result of the provision of state service shall be carried out via the web portal “electronic government” www.egov.kz (hereinafter referred to as the portal).
Chapter 2. Procedure for the provision of a state service
4. The terms for the provision of state service from the date of delivery the document confirming the payment of public due for registration as a patent attorney within 3 working days.
5. The form for the provision the state service - electronic (fully automated).
6. The result for the provision the state service - Issue of a Patent Attorney Certificate.
The form of providing the result of the provision of state services - electronic.
The result of provision the state service shall be sent to the "private office" of the individual (hereinafter referred to as the service recipient) in the form of an electronic document signed with an electronic digital signature (hereinafter referred to as the EDS) of the authorized person of the service provider.
7. State service shall be provided on a paid basis.
The public due shall be paid by the service recipient through banking institutions of the Republic of Kazakhstan, which issue payment documents confirming the amount and date of payment established by Article 614 of the Code of the Republic of Kazakhstan dated December 25, 2017 "On taxes and other mandatory payments to the budget (Tax Code)".
for registration as a patent attorney - 1 (one) monthly calculation index.
Payment shall be made in cash payment or other than in cash through payment gate of “electronic government” (hereinafter - PGEG) or second-tier banks.
Bank details required to pay the public due shall be specified in Annex 1 to this state service standard.
8. Work schedule of the portal - round-the-clock, with the exception of technical interruptions related to repair work (when the recipient contacts the service after work, weekends and holidays, receipt of an application and issuance of result for provision of state service shall be carried out by the next working day according to the Labor legislation of the Republic of Kazakhstan).
State service shall be provided in turn, without an appointment and expedited service.
9. The list of documents required for the provision of state service when the service recipient apply to receive state service via the portal:
1) an application for obtaining a patent attorney certificate in the form of an electronic document certified by the applicant's EDS in the National or Russian languages, on the form in accordance with Annex 2 to this state service standard;
2) an electronic copy of the document confirming the payment of public due for registration as a patent attorney, except for cases of payment through PGEG;
the service provider shall receive the information on the public due payment, the information on the identity document of the service recipient through the PGEG from the relevant state information systems via the payment gate of “electronic government”.
The service recipient shall give consent to the use of information constituting a secret protected by the Law contained in information systems in the provision of state services, unless otherwise provided by the laws of the Republic of Kazakhstan
When the service recipient submits all necessary documents:
the status of accepting the request for the provision of the state service shall be sent to the “private office” of service recipient.
10. In cases of submission of an incomplete package of documents in accordance with paragraph 9 of this standard and (or) expired documents the service provider shall refuse to accept the application.
Chapter 3. Procedure for appealing decisions, actions (omissions) of a service provider
and (or) its officials for the provision of state services
11. Appealing decisions, actions (omissions) of service provider and (or) its officials on the provision of state services:
The complaint shall be filed in the name of the head of the Ministry at the address: 010000, Astana city, Yessil district, Mangilik El Street, building 8, Entrance 13, office 022, Telephone: 8 (7172) 74-07-84, 55-87-64.
The complaint shall be accepted in writing by mail or by personal delivery through the office of the service provider in working days.
Where necessary, the service recipient shall attach to the complaint documents confirming the poor quality of the state service provided by the service provider.
Acknowledgment of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the service provider's office, with the surname and initials of the person, who accepted the complaint, term and place of receipt of the response to the submitted complaint.
Complaint of the service recipient, received by the service provider shall be subject to review within five working days from the date of its registration. A motivated response on the results of consideration of a complaint shall be sent to the service recipient by mail or issued on purpose in the office of the service provider.
When applying via the portal, the information on the appeal procedure can be obtained by calling the Unified Contact Center: 1414, 8 800 080 7777.
When sending a complaint via the portal to the service recipient from the “personal account”, information about the application shall be available, which is updated during the processing of the application by the service provider (marks on delivery, registration, execution, response for consideration or refusal to consider the complaint).
In case of disagreement with the results of the state service provided, the service recipient can file a complaint with the authorized agency on the evaluation and control of the quality of state services.
Complaint of service recipients received by the authorized agency on the evaluation and control of the quality of state services shall be considered within fifteen working days from the date of its registration;
12. In cases of disagreement with the results of the provided state service, the service recipient shall have the right to apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements by reference to specific features for the provision of
a state service including in electronic form
13. The addresses of the places for the provision of state services shall be posted on the Internet resources of the service provider www.adilet.gov.kz., section “State services”.
14. The service recipient shall have the opportunity to receive the state service in electronic form through the portal, subject to the availability of Electronic Digital Signature.
15. The service recipient shall have the opportunity to receive the information on the procedure and status of the provision of the state service in the remote access mode via the "personal account" of the portal, as well as the Unified Contact Center.
16. Contact telephones of inquiry services for the provision of state services: 8 (7172) 62 15 15, 8 (7172) 62 15 16. Unified contact center: 1414, 8 800 080 7777.
Annex 1 to the standard of state service "Issue of a Patent Attorney Certificate" |
Bank details, required to pay public due
Beneficiary - RSE State Revenue Division by Esil district of the State Revenue Department by Astana city of SRC MF RK
BIN – 081240013779
IIC - KZ24070105KSN0000000
BIC - KKMFKZ2A
Beneficiary Bank - SE Treasury Committee of the Ministry of Finance of the Republic of Kazakhstan, Astana city
Beneficiary Code- 11
Budget Classification Code (BCC) – 108125
Application for admission to certification for a patent attorney
I hereby ask you to admit me to certification as a patent attorney of the Republic of Kazakhstan.
I bear personal responsibility for providing accurate information, and also give consent to the use of information constituting a secret protected by law, contained in information systems for the provision of this state service.
Telephone:
E-mail:
Fax:
Set of required documents:
- information for passing the certification of candidates for patent attorneys;
- electronic copy of the document confirming labor activity with work experience
not less than four years;
- electronic certificates from the forensic-narcological and psychiatric subdivisions,
issued by the candidate’s place of residence no earlier than one month prior to its submission to
authorized agency, with indication of information throughout the Republic of Kazakhstan;
- an electronic copy of the document confirming the payment of the public due for
certification of patent attorneys, with the exception of cases of payment through PGEG.
Attached _____ pages.
Citizen _________________________________________ Date: _________
(signature) (Surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained in information systems
Application for obtaining a patent attorney certificate
I hereby ask you to issue a patent attorney certificate to me.
I bear personal responsibility for providing accurate information, and also give consent to the use of information constituting a secret protected by law, contained in information systems for the provision of this state service.
Attached _____ pages.
Citizen _________________________________________ Date: _________
(signature) (Surname, name, patronymic (if available)
I hereby give consent to the use of information constituting a secret protected by law contained in information systems.