Some issues of legal protection of industrial property subject matters
Unofficial translation
Explanatory note by RCLI!
The procedures for enacting order see. p. 4.
In order to implement the Law of the Republic of Kazakhstan from July 13, 1999 "On
the protection of selection achievements", the Law of the Republic of Kazakhstan from
July 16, 1999 "Patent law", Law of the Republic of Kazakhstan from July 26, 1999 "On
trademarks, service marks and appellations of origin of goods" and the Law of the
Republic of Kazakhstan from June 29, 2001 "On the legal protection of integrated
circuits’ topographies".
I hereby ORDER:
1. to approve the attached:
1) Rules of filing and processing of applications for the grant of a selection
patent according to Annex 1 to this order;
2) loose effect by order of the Minister of Justice of the Republic of Kazakhstan
of 24.02.2012 No. 89 (the act is entered into force in ten calendar days after its first
official publication);
3) loose effect by order of the Minister of Justice of the Republic of Kazakhstan
of 24.02.2012 No. 89 (the act is entered into force in ten calendar days after its first
official publication);
4) loose effect by order of the Minister of Justice of the Republic of Kazakhstan
of 24.02.2012 No. 89 (the act is entered into force in ten calendar days after its first
official publication);
5) Instructions for filing, registration and consideration of an application for
an appellation of origin and grant the right to use the appellation of origin in
accordance with Annex 5 to the present order;
6) Rules of recognition of a trademark (service mark), well-known in the Republic
of Kazakhstan under Annex 6 to the present order;
7) deleted by order of the Minister of Justice of the Republic of Kazakhstan of
24.02.2012 No. 84 (the act is entered into force in ten calendar days after its first
official publication);
8) deleted by order of the Minister of Justice of the Republic of Kazakhstan of
24.02.2012 No. 84 (the act is entered into force in ten calendar days after its first
official publication);
9) Rules for compilation, submitting, pendency of applications for registration,
registration and issue of certificate of integrated circuit topology according to Annex
9 to the present order.
Footnote. Paragraph 1 as amended by orders of the Minister of Justice of the RK of
24.02.2012 No. 84 (the act is entered into force in ten calendar days after its first
official publication), of 24.02.2012 No. 89 (the act is entered into force in ten
calendar days after its first official publication);
2. Shall be deemed to have lost force some orders of the Chairman of the Committee
on the rights of intellectual property of the Ministry of Justice of the Republic of
Kazakhstan, in accordance with Annex 10 to the present order.
3. The Committee on the rights of intellectual property of the Ministry of Justice
of the Republic of Kazakhstan in accordance with the procedure established by Law to
ensure the State registration of the present order.
4. The present order shall come into force on the expiry of ten calendar days
after the date of its first publication.
Acting Minister of Justice
of the Republic of Kazakhstan D. Kustavletov
Annex 1
to order of the Acting Minister of Justice
of the Republic of Kazakhstan
of 23 April, 2010 No. 136
Rules of filing and processing of applications for the grant
of a selection patent
1. General provisions 1. These Rules are developed in accordance with the Law of the Republic of
Kazakhstan "On the protection of a selection achievements” (hereinafter - Law) and
define the requirements and procedure for compilation, filing and pendency of
applications for the grant of a selection achievement patent (hereinafter-Rules).
2. In the present Rules are used the following terms and concepts:
1) an author of a selection achievement (breeder) (hereinafter - author) – an
individual who has created, developed or cultivated variety, breed;
2) selection achievement – a new plant variety, a new breed of the animal,
resulting from human creativity, on which the patent is granted;;
3) State Commission - The State Commission for Testing of New Varieties of
Agricultural Plants and the State Commission on Testing and Approbation of Breeds of the
authorized body in the field of agro-industrial complex development;
4) application-an application for the grant of a patent for a selection
achievement;
5) conventional application - application filed in accordance with the
International Convention on the protection of new varieties of plants of 2 December,
1961
6) an applicant – an individual or legal entity who has applied for a selection
patent;
7) a patent owner – an individual or legal entity having the right for
achievement;
8) originator- an individual or legal entity who preserves varieties (breeds);
9) the State Register of selection achievements – the State Register of the
Republic of Kazakhstan of protected plant varieties and the State Register of the
Republic of Kazakhstan of protected animal species, which include the variety or breed
for which patents are granted;
10) authorized body is the Ministry of Justice of the Republic of Kazakhstan;
11) expert organization - an organization under the competent authority carrying
out the activity in the spheres assigned to State monopoly (services in the field of the
protection of new varieties of plants).
Footnote. Paragraph 2 as amended by orders of the Minister of Justice of the RK of
17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first
official publication).
2. Preparation and submission of application
3. Application for the grant of a selection patent, in accordance with paragraph
1 of article 5 of the Law is filed by the author of a selection achievement or his
assignee.
If a selection achievement created, developed or cultivated when performing
official tasks or duties, the application for the grant of a selection patent is
submitted by the employer unless the agreement between the author and the employer does
not provide otherwise.
4. The application should be submitted to the expert organization directly, shall
be sent by mail or in electronic form, certified by electronic digital signature.
Footnote. Paragraph 4 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
5. In accordance with paragraph 2 of article 5 of the Law individuals residing
outside of the Republic of Kazakhstan, or foreign legal entities do business to obtain
patents and keeping them in force submitted objections to the Board of Appeal and
participate in their consideration, only through patent attorneys of the Republic of
Kazakhstan registered in the authorized body, if otherwise is not regulated by an
international agreement with the Republic of Kazakhstan.
Individuals permanently residing in the Republic of Kazakhstan, but temporarily
outside the country do business associated with handling of application and obtaining a
patent, without the patent attorney if specify the address for correspondence within the
Republic of Kazakhstan.
In accordance with paragraph 3 of article 5 of the Law, an application for the
grant of a patent is issued on one selection achievement and contains:
1) the application for the grant of a patent (hereinafter referred to as the
Application);
2) a selection achievement form;
3) the Power of attorney, in the case of records management through a
representative.
Footnote. Paragraph 5 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
6. The application for the grant of a selection patent shall be accompanied by
proof of payment of the filing of the application and the document certifying the reason
to reduce its size (participants and invalids of the Great Patriotic War, people with
disabilities, studying in educational institutions, implementing educational programs of
primary, basic secondary, general secondary education, enrolled in educational
institutions that implement professional training programs of technical and vocational
education, post-secondary education, higher education, small and medium-sized
enterprises) which are provided together with the application or within two months from
the date of receipt of the application. Provided appropriate payment this period is
extended, but not more than two months.
Footnote. Paragraph 6 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
7. Application and other documents of the application shall be submitted in the
Kazakh or Russian languages. The botanical definitions shall be recorded in Latin
capital letters.
Footnote. Paragraph 7 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
8. Application for the grant of a patent shall be submitted in four copies and a
selection achievement form in triplicate.
Other documents shall be submitted in one copy.
9. The application and selection achievement form should contain information
attainment on classification of variety, breed to identify a selection achievement.
All documents are printed bold in black on strong, white, smooth, unpolished paper
on a computer or typewriter.
3. Procedure of filling application for the grant of a patent
10. Application for the grant of a patent of the Republic of Kazakhstan for a
selection achievement (hereinafter referred to as the Application) shall be in the form
as set out in annex 1 to these Rules, and is filled in compliance with the following
order:
1) if there is no possibility of information arrangement in the appropriate boxes
completely, they shall be provided in the same form on additional sheet indicating in
the appropriate box: "see. Annex to the Application" (in the corresponding column cell
"List of annexed documents” shall bear the "x" mark);
2) boxes "date of receipt", "priority", the box under code 21, located in its
upper part, intended to fill the expert organization after the receipt of the
application and are not be filled by the applicant;
3) in box, containing a request for grant of a patent, after the words "in favor
of the applicant(s)" provides information about the applicant (applicants) for whom a
patent is sought: surname, name and patronymic (if any) (hereinafter referred to as the
FULL NAME) of the individual, with surname indicated before the name, or the full
official name of the legal entity according to the document of the State registration
(copy attached), as well as information about their respective place of residence,
location, including the official name of the country and full postal address. Foreign
names and the names of legal entities shall be indicated also in transliteration in
Kazakh or Russian language. Information about residence of applicants who are authors of
a selection achievement are given in the second column of box under code 72.
For legal entities or individuals staying or residing outside the Republic of
Kazakhstan, in favor of whom the patent is sought, indicates the country code according
to standard 3 of the World Intellectual Property Organization (hereinafter referred to
as WIPO).
If there are several applicants, the information are provided for each of them;
4) boxes under codes 31, 32 and 33, containing a request for the establishment of
priority is filled when the priority of the earlier filing date in expert organization
in accordance with article 7 of the Law. Affixation of mark "x" in the corresponding
cells marks the date for claiming priority and indicates the number of the application
from which priority is claimed, the date of priority claimed (filing date), the country
of filing, the application phase and under which name registered a selection
achievement.
Stage of pendency of application indicated by code:
A - application be pending;
B - application is refused;
C - application is revoked;
D – application is satisfied, patent is granted.
Applicant states that the material passed with the first application represents
the variety (breed) and corresponds to the present application;
5) in the box "Genus, specie" is specified the full name of the genus and
species, for accurate identification of varieties, breeds on taxonomic affiliation and
of production use.
This box indicates the Latin name of the taxonomic unit (genus, species,
subspecies);
6) in the box “Proposed name” provides the name of a selection achievement.
Selection achievement of foreign selection indicates its original name in the
language of the applicant and transcription in Kazakh or Russian language. Transcription
of the name of the foreign selection achievement is offered by the applicant;
7) in the box "Selection number" specified selection number assigned on the
stages of selection;
8) in the box "Selection achievement derived from country" is provided in full
country name of a selection achievement as well as its code in accordance with the
standard 3 of WIPO;
9) in the box "Whether variety (breed) was proposed for sale or sold”, if the
variety was sold or offered for sale in the Republic of Kazakhstan, the appropriate box
shall be noted by sign "x" and indicated the first date and name under which the
products are sold or offered for sale.
If variety (breed) are not sold or offered for sale to note the appropriate box
with the sign "x".
Information about the sale or offer for sale in other countries are provided as
similarly listed above, and adds the country;
10) in the box "Address for correspondence" shall be provided address for
correspondence, telephone number. As the address for correspondence specified the
address of the applicant’s residence place (or one of the applicants)-an individual
residing in the Republic of Kazakhstan, or location address of the representative of the
applicant (s), or other address in the territory of the Republic of Kazakhstan;
11) in the box under code 74 shall be provided information on representative of
the applicant (s), including patent attorney (patent attorneys). In the case of the
appointment of a patent attorney prior to filing shall be indicated his surname, name
and patronymic, the registration number in the authorized body, address, telephone
number, fax number (if available). In the case of a designated representative shall be
specified surname, name and patronymic of an individual and name for a legal entity,
address (location) in the Republic of Kazakhstan, telephone number, fax number. If there
are several applicants and the application is not filed through a patent attorney, one
of the applicants is chosen as a representative;
12) the box "List of annexed documents" is filed by mark "x" in the appropriate
cells and specifying the number of copies and sheets in each counterpart of the attached
documents. For attached documents which do not provided by the application form ("other
document") shall be stated their purpose.
13) in the box "Base for the right to apply for and be granted a patent (without
submission of document), by putting the sign "x" marks the appropriate reason (s) for
applying and granting a patent. The specified box is filed in cases where a patent is
sought in favor of the applicant (s), except where the applicant is the author, or if
there are several applicants, their stuff is identical to the stuff of the authors;
14) in the box under code 72 shall be provided information about the author
(authors): Full name, full postal address of the place of residence, for foreign
citizens shall be indicated country code according standard 3 of WIPO;
15) in the box to the right of the box under code 72, shall be provided the
author's signature and the date when the author is an applicant.
In the case of the death of the author prior to the filing of the application
shall bear the signature of the heir and the date. It is not required to submit official
documents proving the right to inheritance at the stage of filing;
16) the box located directly below the box with the code 72 is filled when the
author requests not to mention him as such when publishing application materials and
patent. In this case, shall be provided surname, name and patronymic (if any) of each of
the authors who do not wish to be mentioned when published, and their signature.
Filling the last box "Signature" of the application showing the date is necessary
in cases where the applicant is a person other than the author. On behalf of the legal
entity the application shall be signed by the Head of an organization or other person
authorized by constituent documents of legal entity, indicating his post, his signature
de under the seal of the legal entity (if available). If there are several applicants,
the application shall be signed by each of the applicants.
When applying through a patent attorney patent attorney shall sign the
application.
Signatures in the application shall be decrypted with the names and initials of
the signer;
each additional sheet (annex to the application), where you can see any
information relating to the application shall be signed in the order listed above.
In the application and the annex thereto are not allowed alterations and erasures.
In the event of such defects is requested properly filled application or an annex
thereto.
Footnote. Paragraph 10 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
4. The structure of the variety (breed) form
11. Variety (breed) form contains:
the name of the genus and species (in Kazakh and Russian languages and Latin);
the proposed name of a selection achievement and selection number;
origin of a selection achievement indicating the method of creation and the
original (parent) form;
details of the maintenance and reproduction of a selection achievement;
signs of a selection achievement, characterizing the distinctive features;
names of a similar selection achievements and the grounds on which the requested
selection achievement differs from similar;
special conditions for testing of a selection achievement for distinctness,
uniformity and stability (if available).
Footnote. Paragraph 11 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
12. Variety (breed) form shall be signed by the applicant (s) in the order of the
subparagraphs 19) and 20) of paragraph 10 of this Rules.
The form shall be attached with table of signs of selection achievements for
relevant genera and species, where the applicant describes the variety of plants or
breed of animals according to the degree and index of signs’ intensity.
5. Power of Attorney
13. Power of Attorney meets the following requirements:
1) The Power of attorney issued by the applicant (an individual) to an individual
shall be notarial certified. Power of attorney on behalf of an legal entity shall be
issued under the signature of the first head or other person and under the seal of the
legal entity (if any);
2) the power of attorney should specify precise indication of assigned activities
that can make representative on behalf of the principal;
3) the power of attorney specifies the place of issue;
4) the power of Attorney is issued for a period not exceeding three years. If the
power of attorney is specified a longer period, it is valid for three years, and if
there is no validity period - for one year from date of issue. The period of validity of
the power of attorney issued outside the Republic of Kazakhstan without specifying the
term of its validity is determined by the law of the country where the power of attorney
was issued;
5) power of attorney issued by individuals residing outside of the Republic of
Kazakhstan, or by foreign legal entities, may be issued only in favor of the individual
registered in the authorized body as a patent attorney;
6) the power of attorney may be issued in favor of several patent attorneys
registered in the authorized body, thus representation may be implemented by any one of
them. If their actions contradict each other, the applicant shall be reported about it
and acts shall be suspended until the approval by the applicant;
7) an individual in whose favor the power of Attorney was issued, personally
carries out those activities for which he was authorized. Substitution is possible only
in the case of such power of attorney issued to him;
8) the power of attorney is terminated due to:
the expiry of the power of attorney;
implementation of action not covered by power of attorney;
cancellation of power of attorney by the person who gave it;
the refusal of the person to whom the power of attorney was given;
liquidation of a legal entity on behalf of which the power of attorney was given;
liquidation of a legal entity in favor of whom the power of attorney was given;
the death of the person who gave the power of attorney, declaration of him as
incapable, partially incapacitated, or missing;
death of a person for whom the power of attorney was given, declaration of him as
incapable, partially incapacitated, or missing.
Footnote. Paragraph 13 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
14. With the termination of a power of attorney becomes invalid delegation of
power of attorney.
Person issued a power of attorney in case of cancellation immediately inform
authorized body and expert organization about this.
Footnote. Paragraph 14 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
6. Conducting of affairs to obtain a selection patent
15. Correspondence is conducted by the applicant or his representative, on each
application individually.
Documents sent after filing, contain its number and signature of the applicant or
his representative. If the applicant is a legal entity, documents on its behalf shall be
signed in accordance with the procedure referred to in subparagraph 19) and 20) of
paragraph 10 of this Rules.
Documents sent during processing of application shall be submitted within the time
limits prescribed by the Law and these Rules.
Processing is conducted in Kazakh or Russian language.
Documents submitted with paperwork irregularities that prevent their reading, are
not considered. The person submitting such documents shall be sent corresponding
notification.
Original application materials transmitted by facsimile machine shall be submitted
within one month from the date of their receipt along with a covering letter that
identifies materials received earlier. The date of receipt of materials is considered to
be the date of their receipt by fax. If the original material received on the expiration
of monthly term or material received by fax, not identical to the originals submitted,
then materials are considered to be received on the date of receipt of the originals,
and the contents of the received fax materials in future shall not be taken into
account. Prior to the submission of originals materials relating to applications
submitted by fax shall be considered as not received. If any application materials
received by fax, or part of them not readable or not received, relevant materials shall
be deemed received on the date of receipt of the originals. Materials are considered to
be received on the date of receipt of the fax at withdrawal by the applicant of
unreadable parts.
Footnote. Paragraph 15 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
16. In accordance with parts 2-5 of paragraph 1 of article 8 of the Law, the
applicant’s right to make a further specifications in the documents of the application
within two months from the date of its filing.
The applicant can make amendments and clarifications to the application documents
without changing the essence of a selection achievement before a decision on that
application.
When making these changes within two months of the date of receipt of the
application fee will not be charged.
Changes concerning the applicant's instructions when the assignment of the right
to receive title of protection or change the name of the applicant, as well as
correcting errors in application documents of a technical nature, carried out before the
date of making the information about the registered selection achievement in the State
Register of selection achievements of the Republic of Kazakhstan, subject to the
appropriate payment.
Additional documents available for the application on the variety, breed and
containing signs that were not listed in the primary application materials and modifying
the essence of the claimed variety, breed are not taken into account when considering
the application.
Footnote. Paragraph 16 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
17. Change of stuff of the authors is the inclusion in or exclusion from the
author's stuff, specified in the application:
1) changes in the stuff of the authors shall be made by filing a new application
in the expert organization in two copies, in accordance with Chapter 3 of these Rules;
2) simultaneously with the new application is filed in duplicate a petition
request for appropriate changes in the stuff of the authors in any form with indication
of the number and the filing date. The petition shall be signed by the applicant, in the
manner prescribed by subparagraphs 18) and 19) of paragraph 10 of this Rules and, in the
case of exclusion from the authors’ stuff agreed with excluded author whose signature
must be notarized (only for authors on national applications and authors of applications
filed in accordance with the international treaties). The consent of the excluded author
can be issued by separate letter stating the number and date of registration of the
application;
3) in the case of inclusion in the authors’ stuff to the date of filing of the new
application it is impossible to get the signature of the author, specified in the
previously filed statement, then to the petition shall be attached written consent
executed in the following order:
in case of the death of the author, or declare him dead consent for changes on
his behalf shall be signed by a heir who provide a notarized copy of the certificate of
inheritance;
in case of author's departure outside the Republic of Kazakhstan consent to the
amendment on his behalf shall be signed by the authorized person who submit a document
proving such right.
Such a document is a power of attorney with a precise indication of the action
assigned in favor of a patent attorney of the Republic of Kazakhstan or a power of
attorney granted to another person, legalized in consular office of the Republic of
Kazakhstan, except where legalization is not required by virtue of the international
treaties of the Republic of Kazakhstan or on condition of reciprocity;
in the absence of information on the location of the author and the inability to
get them, he is recognized by the Court as missing in accordance with article 28 of the
Civil Code of the Republic of Kazakhstan and the party concerned submits a copy of the
Court's decision to declare the author as missing person, which takes into account when
deciding on the merits;
in recognition of the author as incompetent or of partially incapacitated, consent
to the amendment on his behalf signs a guardian or trustee, with submission of copies of
court decision on guardianship or curatorship;
4) citizens residing outside the Republic of Kazakhstan and foreign legal entities
submit documents on amending the stuff of authors through patent attorneys of the
Republic of Kazakhstan, with a power of attorney issued in favor of the patent agent,
provides instruction to perform the specified actions;
5) if there are no documents listed in subparagraphs 1) -4) of this paragraph,
and (or) the documents submitted did not meet the requirements of these subparagraphs,
the applicant shall be notified with the proposal of within a period of three months
from the date of the notice to submit the missing or corrected documents.
In the event of non-submission of requested documents a new application is
considered unfiled and making changes are not made, and the applicant will be notified.
Footnote. Paragraph 17 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
18. The change of stuff of the applicants is a partial change in the stuff of the
applicants by inclusion of the additional person in the stuff, or exclusion from stuff
of applicants previously specified in the application:
1) changes in the stuff of the applicants shall be made by filing a new
application to the expert organization in two copies, in accordance with Chapter 2 of
this Rules not later than two months from the filing date. When submitting a new
application with the changes in the stuff of the applicants authors’ signatures on the
new application is not necessary.
2) simultaneously with the new application is filed in duplicate the petition for
making the relevant changes in the stuff of applicants in any form with indication of
the number and date of registration of the application. The petition must be signed by
the applicant (s) (listed) in the original application for the grant of a patent, in the
manner prescribed by subparagraphs 18) and 19) of paragraph 10 of this Rules. Signature
of an excluded applicant of an individual must be notarized (only for applicants of
national applications and related persons in accordance with international treaties);
3) when replacing the dead applicant specified in the application, by the legal
heir it is sufficient signature only specified heir under the petition with providing a
notarized copy of the certificate of inheritance;
4) when changes in the stuff of the applicants as a result of reorganization of a
legal entity, a petition and a new application signs his successor with submission of
the document confirming the succession on the rights (extract from the separation
balance sheet or assignment deed);
5) when changes are due to the liquidation of a legal entity the petition and a
new application signs the person to whom the corresponding rights is transferred, with
submission of the document confirming the fact of the transfer of rights;
6) citizens residing outside the Republic of Kazakhstan and foreign legal entities
submits documents for changes in the stuff of the applicants through patent attorneys of
the Republic of Kazakhstan, with a power of attorney issued in favor of the patent agent
provides instruction to perform the specified actions;
7) when non-submission of the documents listed in this paragraph, and (or) the
documents submitted did not meet the requirements of subparagraphs of this paragraph,
the applicant shall be notified of the submission of missing documents and (or) removal
of defects within a period of three months from the date of notification.
In the event of non-submission of requested documents a new application is
considered unfiled and making changes are not made, and the applicant will be notified.
Footnote. Paragraph 18 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
7. Calculation of periods of time
19. Deadlines for committing procedural acts for obtaining a patent shall specify
the period of time within which an action could be committed.
If the term is expressed by the phrase "within (no later than) (before
expiration)… from the date... ", its calculation starts from the day following the
specified date. Term calculated in months shall expire on the corresponding date of the
last month of the period. If the last day of the period falls on a holiday, the day of
the expiration is considered to be the first next working day. If the deadline falls on
a month without corresponding date, term expires on the last day of that month.
20. The documents submitted to communication providers on the last day of the
period shall be deemed to be send in due time.
8. Pendency of application and issuance of patent
21. If the application contains a request for the grant of a patent and a
selection achievement form on the State or Russian language, they recorded by an expert
organization with date of their receipt and registration number.
The applicant shall be notified about the fact of receipt of application
documents, within five days by sending to the applicant a single copy of the application
with details, made by the expert organization (registration number and the date of
receipt).
22. All outgoing correspondence is sent only to one address, in this case: If the
"Address for correspondence" box of the application contains address for correspondence
other than the address of the applicant or one of the applicants, if there are several,
or address of the representative of the applicant (s), the correspondence is sent to
that address in favor of the applicant or, if there are several applicants, in favor of
the applicant the first specified in the application, provided that not all the
applicants reside or stay in the territory of the Republic of Kazakhstan, in favor of
the specified first applicant who resides in the Republic of Kazakhstan;
If the box "Address for correspondence" of the application is not filled, the
correspondence is sent to the address and tin favor of the applicant or, if there are
several applicants, in favor of the first applicant or applicant who resides in the
Republic of Kazakhstan, if not all the applicants reside or stay in the territory of the
Republic of Kazakhstan.
Registered application documents are non-refundable.
Footnote. Paragraph 22 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
23. Registered application documents will be checked on availability of the
document confirming the payment of the filing. In the absence of such a document and a
document certifying the existence of grounds for a reduction of its amount or in the
case of payment in the amount of less established, the applicant shall be notified of
the need to submit absent (missing) document (s) and (or) document about payment to a
fixed size which may be submitted within two months from the date of receipt of the
application or provided appropriate payment at a later date, not exceeding two months.
The applicant shall also be notified that in case of failure to submit these
documents on payment within the prescribed period and in the prescribed amount, the
application shall be recognized as not having been filed.
24. When patenting abroad of a selection achievement (when the application is
filed in an expert organization) at the applicant's request the expert organization
produces a certified copy of the first application.
25. Preliminary examination of the application takes place on the expiry of two
months from the date of its submission to the expert organization.
Preliminary examination of the application shall be conducted within two months.
When conducting a preliminary examination of the application is checked:
the availability of documents that should be contained in the application or
attached thereto (par. 5 of this Rules);
compliance with the payment of the prescribed size according to the current
legislation of the Republic of Kazakhstan;
compliance to requirements to the application documents (chapters 3, 4 and 5 of
this Rules);
compliance with the procedure of applying to the cases provided in paragraph 2 of
article 5 of the Law, including the availability and correctness of registration of the
power of attorney, certifying the authority of the representative;
observance of lawfulness and order requesting in the application of an earlier
priority date than the filing date.
26. The priority of variety, breed in accordance with paragraph 1 of article 7 of
the Law is established on the date of filing of application in the expert organization.
Priority can be established in accordance with paragraph 2 of article 7 of the
Law on the date of filing of the first application in a member country of the
International Convention on Protection of New Varieties of Plants (Convention priority).
27. When claiming Convention's priority in accordance with paragraph 2 of article
7 of the Law shall be checked:
have the person (persons) indicated in the application, the right for the
Convention's application;
compliance by the applicant with the time limit for claiming Convention priority
(when applying);
availability and compliance with the deadline for the submission of a certified
copy of the first application submitted simultaneously with the application or within
three months from the date of filing in the expert organization and its translation into
the State or Russian language;
use the applicant the right of Convention priority of first application within 12
months from the date of its filing.
If these conditions are met, additional documentation and necessary material for
testing within three years from the date of filing of the first application is not
required.
In case of failure to meet at least one of the conditions, the priority of
variety, breed is established on the date of filing the application in the expert
organization.
28. Additional documents available for the application and containing the signs
that were not listed in the initial documents of the application and modifying the
essence of the declared variety, breed, are not taken into account when pendency of the
application, whereof the applicant shall be notified about.
29. Validation of the proposed name of a selection achievement is made by the
State commissions. Conclusion of the State Commission on the results of check of the
names passed in the expert organization.
30. If during the preliminary examination of the application is established that
the name of a selection achievement does not conform requirements and (or) application
is registered with violation of the requirements of its documents, the applicant shall
be sent a request with the detected deficiencies and proposing to provide a new name of
a selection achievement and (or) missing or corrected documents within two months from
the date of its dispatch.
9. The decision on refusal or further pendency of application 31. In case of failure to respond to the request of the preliminary examination
within two months, as well as not matching the application to the requirements of
chapters 3, 4 and 5 of this Rules, the expert organization issues expert opinion about
the negative result of the preliminary examination of an application for the grant of a
selection patent in form according to annex 2 to this Rules, on the basis of which the
authorized authority within ten working days, decide on the refusal of further pendency
of the application and sends to the expert organization. Expert organization within one
month from receipt of the decision, shall notify the applicant.
The decision of the Board of appeal may be appealed against in court within six
months from the date of receipt of the decision.
Footnote. Paragraph 31 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
32. If as a result of the preliminary examination, it is established that the
application meets the requirements, the expert organization issues expert opinion on the
positive result of preliminary examination in form, in accordance with annex 3 to this
Rules, on the basis of which the authorized authority within ten working days, shall
decide on the further pendency of the application and sends to the expert organization.
Expert organization within 10 working days from receipt of the decision, shall
notify the applicant about the positive result of the preliminary examination,
establishing the filing date, the priority of a selection achievement, on transfer of
materials of the application in the State commission for conducting patentability
examination, and reports on the need to send the required materials to test for
distinctness, uniformity and stability.
Footnote. Paragraph 32 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
10. Publication of application data
33. Publication of the application data for which preliminary examination
decision on further pendency was made, is produced after 18 month from the date of
receipt of the application in accordance with paragraph 6 of article 8 of the Law. At
the request of the applicant, filed on form SD-2 in accordance with annex 4 to this
Rules, the information on the application may be published before the specified
deadline:
1) when publishing information on application expert organization publishes in the
State and Russian languages the following information:
number and filing date of the application;
number, filing date and country code in accordance with the standard on the basis
of which the selection achievement priority is established, if on application priority
date is earlier than the date of filing the application with the expert organization;
the name of the author (s), if last not withdrawn to be mentioned as such;
the name or title of the applicant;
code (s) of the country of residence of the author (s) and place of residence
(location) of the applicant in accordance with the standard (ST. 3 WIPO);
the name of a selection achievement;
2) author’s refusal to be mentioned as such in the published information is taken
into account when publishing this information, if it was received before the completion
of the technical preparations for publication. The specified refusal can be withdrawn by
the author in the same period.
11. Decision to grant the patent 34. If as a result of the examination, carried out by the State commissions (The
State Commission for Testing of New Varieties of Agricultural Plants and the State
Commission on Testing and Approbation of Breeds), found that the claimed selection
achievement conform to patentability conditions defined in article 4 of the Law, the
State commissions constitute a conclusion describing varieties, breeds and sent in an
expert organization an opinion in triplicate, a description of the variety or the breed
in two copies. Expert organization shall send one copy of the conclusion of the State
commission to the authorized body for decision. Authorized body in accordance with
paragraph 4 of article 10 of the Law within ten working days, shall decide on the grant
of a patent and sends it to the expert organization. Expert organization, within ten
working days, shall notify the applicant about the decision.
Footnote. Paragraph 34 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
34-1. Within three months from the date of notification of the applicant by the
authorized body of the decision to grant the patent, applicant submits an expert
organization document confirming payment for the appropriate preparation to the grant of
a patent and publication, as well as the payment of the State fee. In case of failure to
submit of the above-mentioned documents payment term can be restored within three
months, subject to the submission of a document about payment of missed time recovery,
otherwise the application is considered revoked, the processing of the application is
stopped, as the applicant shall be notified within 10 working days from the date of
expiry of the period of recovery.
Footnote. Chapter 11 is completed with paragraph 34-1 in accordance with the order
of the Minister of Justice of the Republic of Kazakhstan of 30.06.2015 (the act is
entered into force in ten calendar days after its first official publication).
12. Decision on refusal to grant a patent
35. When the State Commission establishing nonconformity of the declared
selection achievement to one of the conditions of patentability, the Commission shall
make a conclusion in triplicate with justification for reasons of nonconformity, and
sends to the expert organization. Expert organization shall send one copy of the
conclusions of the State commission to the authorized body for decision.
Footnote. Paragraph 35 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act i entered into force in ten calendar days after its first
official publication).
36. The authorized body in accordance with paragraph 5 of article 10 of the Law,
within ten working days, shall take a decision on refusal to grant the patent with the
relevant studies and directs it to the expert organization. Expert organization, within
ten working days, shall notify the applicant about the decision.
Footnote. Paragraph 36 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
37. In accordance with paragraph 6 of article 10 of the Law, the applicant may
request copies of documents from the authorized body opposing by expertise. Copies of
documents are sent within one month from the date of receipt of the request of the
applicant.
13. The grant of a patent and registration in the State
Register of selection achievements
38. On the basis of the decision on the grant of a patent and the confirmation of
payment for (preparations for the issuance of title of protection, issue of
certification of the author, the publication of the particulars of the grant) and
payment of the State fee, a selection achievement shall be registered in the State
Register of New Varieties of Plants (hereinafter referred to as the State register) with
the assignment of the appropriate number.
In the State Register of New Varieties of Plants makes the following entries:
(19) code or other means identifying the Department or organization to complete a
publication;
(12) the verbal designation of the document type;
(11) number of the patent;
(54) genus, species of plant, animal, the name of the variety, breed;
(73) name or title of a patent owner and address with country code of residence or
place of stay in accordance with the WIPO standard 3;
(72) name of the author (s) and country code of his (their) place of residence in
accordance with the WIPO standard 3;
(21) the registration number of the application;
(22) date of filing of the application on which the patent was issued;
(31) number of the application from which priority is claimed, (32) the filing
date of the application from which priority is claimed, and (33) country code for filing
the first application in accordance with the WIPO standard 3, on the basis of which is
established the selection achievement’s priority, if on application priority date is
earlier than the date of filing the application with the expert organization;
fact of transfer of the patent to another person, indicating his name and address,
and the date of registration of the contract, the date of its publication in the
Bulletin;
information about exclusive, open and compulsory licenses;
date of termination of validity of a patent, stating the reasons and the date of
publication of information on termination;
renewal date of validity of the patent and the date of publication of the
information about the extension;
information on the patent attorney;
author's refusal to mention as such in published information take into account in
the publication of such information, if it was received before the completion of the
technical preparations for publication. The specified refusal can be revoked by the
author in the same period;
other information about changes to the entry in the State register.
The expert organization publishes in the Bulletin information on the grant of a
patent, as well as subsequent changes to the legal status of a patent.
Footnote. Paragraph 38 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
39. On the basis of the decision of the authorized body shall be issued a
selection patent.
Patent filled in Kazakh and Russian languages.
A patent shall contain:
(19) code or other means identifying the Department or organization to complete a
publication; (12) the verbal designation of the type of document;
(11) number of the patent;
(54) genus, species of plant, animal, the name of the variety, breed;
(73) name or title of a patent owner and address with country code of residence or
place of stay in accordance with the WIPO standard 3;
(72) name of the author (s) and country code of his (their) place of residence in
accordance with the WIPO standard 3;
(21) the registration number of the application;
(22) date of filing of the application on which the patent was issued;
(31) number of the application from which priority is claimed, (32) the filing
date of the application from which priority is claimed, and (33) country code for filing
the first application in accordance with the WIPO standard 3, on the basis of which is
established the selection achievement’s priority, if on application priority date is
earlier than the date of filing the application with the expert organization;
Footnote. Paragraph 39 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
40. A patent shall be issued simultaneously with the publication in the Bulletin
of information about his issue.
If there are several persons in favor if whom the patent is sought, in accordance
with article 13 of Law are issued one patent
41. The author of a selection achievement, not a patent owner is issued a
certificate confirming his authorship.
42. A patent and certificates of the authors are sent to him by registered post
to the registered address of the patent owner or the address of the representative in
accordance with power of attorney issued to him, or any other address specifically
stipulated by the applicant for the patent sending.
In the event of a change of address, the applicant immediately before the grant
of a patent shall notify the expert organization on the change of address of residence
or location (legal address).
Footnote. Paragraph 42 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
43. Upon delivery of the patent to the patent owner, shall be provided an
identity document for an individual or a power of attorney from the legal entity to
receive a patent. Patents and authors' certificates to the patent for foreign patent
owners are directed to patent attorney of the Republic of Kazakhstan.
If an application for the grant of a patent filed jointly by several persons
residing or situated in the territory of the Republic of Kazakhstan, the patent and the
authors’ certificates shall be send to the patent owner, specified first.
If an application for the grant of a patent filed jointly by several persons, not
all of which live or reside in the territory of the Republic of Kazakhstan, the patent
and the authors’ certificates shall be send to the patent owner, residing or situated in
the territory of the Republic of Kazakhstan, specified first.
Chapter 13-1. Restoration of validity of a selection patent Footnote. Rules completed by chapter 13-1 in accordance with the order of the
Minister of Justice of the Republic of Kazakhstan of 30.06.2015 No. 363 (the act is
entered into force in ten calendar days after its first official publication).
43-1. Validity of a selection patent, terminated in accordance with subp. 2 of
par. 2 of art. 22 of the Law are restored on request (Annex 6) of the patent owner.
43-2. The petition is filed within three years from the date of expiry of the
period of payment for patent keeping in force when submitting a document about payment
of a patent recovery but before the expiry the term of the patent, in accordance with
the Law.
The petition shall be signed by the patent owner (if the patent owner is a group
of individuals, the petition shall be signed by all the persons) or a patent attorney,
or other representative acting under a power of attorney.
On behalf of the legal entity the petition shall be signed by the head of an
organization or other person, duly authorized with indicating of the post.
43-3. The petition shall be accompanied by:
a document confirming the payment for the preparation of the documents for the
restoration of a patent and publication;
a document confirming the payment for the maintenance of the missing year of the
patent validity;
power of attorney (if the application is filed by a representative) or a copy of
a power of attorney (if the petition is made through a patent attorney);
43-4. The expert organization not later than two months from the date of filing of
the application for restoration shall publish in the Bulletin information on the
restoration of the patent validity. Date of publication is the date of the patent
restoration. The patent owner or his representative shall be sent the application on the
restoration of the patent validity.
Chapter 13-2. Selection patent term extension
Footnote. Rules completed by chapter 13-2 in accordance with the order of the
Minister of Justice of the Republic of Kazakhstan of 30.06.2015 No. 363 (the act is
entered into force in ten calendar days after its first official publication).
43-5. Petition for extension of a selection patent term (hereinafter - petition)
send in the expert organization during the last year of its validity subject to maintain
it in force (for varieties of plants - 25 years of the validity of the patent, for breed
animals - 30 years of the validity of the patent, for grapes, woody ornamental, fruit
and forest plants, including their rootstocks, over-35 year of validity of the patent).
43-6. For conducting of the affairs of a selection patent term extension patent
owner authorizes a patent attorney of the Republic of Kazakhstan (hereinafter patent
attorney) or a representative, with giving him power of attorney.
43-7. The petition shall be in the form as set out in Annex 5 to this Rules in the
Kazakh or Russian languages. The petition shall be signed by the patent owner (if the
patent owner is a group of individuals, the petition shall be signed by all the persons)
or a patent agent, or other representative acting under a power of attorney.
On behalf of the legal entity the petition shall be signed by the head of an
organization or other person authorized to do so.
43-8. The petition shall be accompanied by proof of the appropriate fee for
selection patent term extension and publication information about the extension.
43-9. Petition and documents attached thereto shall be considered within one month
from the date of their admission to the expert organization. The deadline for the
pendency of the petition and the annexed documents faxed is calculated from the date of
receipt of their originals.
43-10. Upon non-availability or incorrect registration of any of the required
documents, as well as when it is necessary to get additional documents and explanations
from the patent owner, on the address for correspondence, indicated in the petition is
directed a request with the proposal, within two months from the date of the request to
submit the missing and/or corrected documents.
43-11. Thus the term of pendency of the application, shall be calculated from the
date of receipt of the last of the missing and/or corrected documents.
43-12. If, within the prescribed period all necessary well-formed documents are
not submitted, the period of validity of a selection patent shall not be extended, as
shall be notified to the person who filed the petition.
43-13. In the case of selection patent term extension, “Annex to the Patent”
shall be send to the person submitting the petition, with the record on the extension of
the selection patent for 10 years.
Information on the extension of the selection patent shall be entered in the
State Register of New Varieties of Plant of the Republic of Kazakhstan and shall be
published in “Industrial property" official bulletin.
43-14. In the event of failure to pay the annual fee for keeping a selection
patent in force, extension of the patent validity shall cease to have effect, and the
Annex is terminated.
Chapter 14. Final provisions
Footnote. Chapter 14 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
44. In accordance with article 3-2 of the Law for actions of the expert
organization, including accepting applications for patents, their registration,
examination of new varieties and other acts which give rise to rights and obligations
for their participants, the expert organization charge under paragraph 3 of art. 146 of
the Law of the Republic of Kazakhstan "On State property".
Annex 1
to the Rules of
filing and processing of
application for grant
of a selection patent
Footnote. Annex 1 as amended by order of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
Form
Date of receipt (21) registration No. (22) Date of
filing Priority
Application
for the grant of a patent
of the Republic of Kazakhstan
for a selection achievement
"National Institute of Intellectual
Property” of the Ministry of Justice
of the Republic of Kazakhstan,
010000 Astana, Left bank, House
of Ministries, Orynbor st., 8,
entrance No.1
Providing the following documents, please grant a patent of
the Republic of Kazakhstan for a selection achievement in favor
of the applicant (s)
(71) Applicant (s):
(Specify the full name or title and domicile or location of
residence
Data on authors-applicants place of residence are given in box
with code 97)
Country code
according to WIPO
Standard ST. 3
(if any)
To be filled only where priority date earlier than the date of receipt of application
in RSE NIIP
Please set priority of a selection achievement according to:
the first application filing date in a member country of the International
Convention
(para. 2 of art. 7 of the Law)
receipt of the application for admission for use in the State commission
(para. 2 of art. 4 of the Law)
Number of the
first application
or an application
for admission to
use
Date of
priority
claimed
Country code (ST.
3 WIPO)
Stage of the
application
pendency
The name under which
a selection
achievement
registered
I (we) declare that the material passed with the first application, represents the
variety (breed) and corresponds to the present application.
Genus, species ______________________________________________________
(name on the State or Russian language)
_____________________________________________________________________
(Latin name)
The proposed name Selection number
A selection achievement developed in country
(countries)___________________________________ Whether variety (breed) have been
offered for sale or sold:
In the country of application filing: No Yes, for the first time _____
called __________
(date)
In other countries: No Yes, for the first time
__________________________________
(country, date)
under the name _____________________________________________________
Address for correspondence (full mailing address and the addressee's name)
Telephone: Mobile. Fax:
(74) Patent attorney (full name, registration number) or a representative of the
applicant (s)
(full name or title)
List of annexed documents Number of sheets in
1 copy Number of copies Base for the right to
apply for and be
granted a patent
(without submission
of document):
the applicant
is an employer and
the conditions of p.
1 of art. 5 of the
Law are observed
assignment of
the right of the
Annex to application
selection
achievement form
photos
negatives or color
slides
information about
previously made sale
employer or his
successor
assignment of
the right of the
author or his
assignee
the right of
inheritance
document confirming
the payment for the filing
document evidencing
the grounds to reduce the
size of the payment
a copy of the first
application (where claimed
Convention priority)
translation of the
application into the State
or Russian language
power of attorney,
certifying the authority
of the patent attorney or
representative
any other document
(to be specified)
(72) Author (s) (specify full
name)
(97) Full postal address,
including the name of the country
and its code in WIPO Standard ST.
3, if any
Signature (s) of the
author (s) -
applicant (s) and/or
author (s), assigned
right to obtain
patent, date
I (we) ______________________________________________________________
ask not to mention me (us) as the author(s) when publishing the application materials
Signature (s) of the author (s)
I (we) declare, that to the best of my (our) knowledge and belief information needed to
process application and amended to this application and annexes, is final and valid.
I (we) certify that samples obtained properly and are a representative sample of a
selection
achievement.
Signature
Signature (s) of the applicant (s) or patent attorney, date of signature (when signing
on behalf of the legal entity, the signature of the head shall be sealed)
Annex 2
to the Rules of
filing and processing of
application for grant
of a selection patent
Footnote. Annex 2 as amended by order of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
Form
Approve
Director of RSE NIIP
________________
_____ ______ 20___
Please refer to application No. __
in correspondence
(74)
Expert opinion
on the negative result of the preliminary examination
of an application for the grant of a selection patent
(plant variety) or (animal breed) (21) Application No. ___
(22) Date of filing _____
(71) Applicant (s)
(72) Author (s)
(54) Name of a selection achievement
As a result of the preliminary examination of the application materials for a selection
achievement is established not compliance with the requirements of art. 5 and 6 of the
Law of the Republic of Kazakhstan "On the selection achievements protection", namely:
Expert ____________________ (Full name) (if any)
(signature)
Head of Department _______________ (Full name) (if any)
(signature)
Annex 3
to the Rules of
filing and processing of
application for the grant
of a selection patent
Footnote. Annex 3 as amended by order of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
Form
Please refer to application No. __
in correspondence
(74)
Expert opinion
on the positive result of the preliminary examination
of an application for the grant of a selection patent
(plant variety) or (animal breed) (21) Application No. ___
(22) Filing date_________
PRIORITY SET ON
(22) date of filing of the application
date of filing of the first application in a member country of the International
Convention for the Protection of New Plant Varieties:
(31) number of the (32) Filing date (33) Code of
first application of the first application the country
of the first
application
(71) Applicant (s)
(72) Author (s)
(54) Name of a selection achievement
As a result of the preliminary examination of the application materials for a selection
achievement is established compliance with the requirements of art. 5 and 6 of the Law
of the Republic of Kazakhstan "On the selection achievements protection".
The application shall be further examined, and information about it published in the
Bulletin.
Expert ____________________ (Full name) (if any)
(signature)
Head of Department _______________ (Full name) (if any)
(signature)
Annex 4
to the Rules of
filing and processing of
application for the grant
of a selection patent
Footnote. Annex 4 as amended by order of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
Form
To "National Institute of intellectual property” RSE
of the Ministry of Justice of the Republic of Kazakhstan,
010000, Astana, Left bank, House of Ministries ,
Orynbor str., 8, entrance No. 1
Petition
for early publication of the data on application
for the grant of a selection patent In accordance with paragraph 6 of article 8 of the Law "On the protection of
selection achievements" ask to perform in the bulletin of the Expert organization
publish of information on an application for the grant of a selection patent
on application No. ____________________________________________
(registration number and the filing date)
_____________________________________________________________________
(name of a selection achievement)
before the time prescribed by Law.
Applicant (s) _ _________________________________
(full name or title) (signature)
L.S.
Annex 5
to the Rules of
filing and processing of
application for the grant
of a selection patent
Footnote. Annex 5 as amended by order of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
Form
To "National Institute of intellectual property” RSE
of the Ministry of Justice of the Republic of Kazakhstan,
010000, Astana, Left bank, House of Ministries,
Orynbor str., 8, entrance No. 1
Petition
for extension of validity
of a selection patent In accordance with paragraph 5 of article 3 of the Law "On the protection of
selection achievements" ask to extend the period of validity of the selection patent
No. _________________________________________________________________
(patent number)
_____________________________________________________________________
(name of a selection achievement)
on __________________________________________________________________
Note:
document confirming the payment for the publication of information on the
extension of patent
document confirming the payment for keeping patent in force for ___________(year)
(in accordance with subparagraph 3 of paragraph 5 of article 14 of the Law)
Patent owner __________________
(signature)
(L.S.)
Annex 6
to the Rules of
filing and processing of
application for the grant
of a selection patent
Footnote. Annex 6 as amended by order of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
Form
Petition
for restoration of the validity
of a selection patent In accordance with paragraph 1 of article 21-1 of the Law "On the protection of
selection achievements" ask to restore the validity of the selection patent (plant
variety or animal breed)
No.__________________________________________________________________
(patent number)
_____________________________________________________________________
(name of a selection achievement)
on __________________________________________________________________
Payment term for keeping the patent in force was omitted for the following
legitimate reasons Application: a document certifying payment of the restoration of the
validity of the selection patent.
Patent owner __________________
(signature)
(L.S.)
Annex 2
to the order of the acting
Minister of Justice
of the Republic of Kazakhstan
of 23 April, 2010 No. 136
Instruction for drafting, execution and pendency of an
application for the grant of an innovation patent
or invention patent Footnote. Application 2 loose effect by order of the Minister of Justice of the
Republic of Kazakhstan of 24.02.2012 No. 89 (the act is entered into force in ten
calendar days after its first official publication).
Annex 3
to the order of the acting
Minister of Justice
of the Republic of Kazakhstan
of 23 April, 2010 No. 136
Instruction for drafting, execution and pendency of an
application for the grant of an utility model patent
Footnote. Application 3 loose effect by order of the Minister of Justice of the
Republic of Kazakhstan of 24.02.2012 No. 89 (the act is entered into force in ten
calendar days after its first official publication).
Annex 4
to the order of the acting
Minister of Justice
of the Republic of Kazakhstan
of 23 April 23, 2010 No. 136
Instruction for drafting, execution and pendency of an
application for registration of a trademark, service mark
Footnote. Application 4 loose effect by order of the Minister of Justice of the
Republic of Kazakhstan of 24.02.2012 No. 89 (the act is entered into force in ten
calendar days after its first official publication).
Annex 5
to the order of the acting
Minister of Justice
of the Republic of Kazakhstan
of 23 April 23, 2010 No. 136
Instructions for drafting, execution and pendency
of an application for an appellation of origin and
grant the right to use the appellation of origin of goods
1. General provisions 1. This Instruction is designed in accordance with the Law of the Republic of
Kazakhstan "On Trademarks, Service Marks and Appellation of Origin of Goods (hereinafter
referred to as the Law) and details the procedure for drafting applications for
registration and (or) granting the right to use the appellation of origin of goods,
procedure for its drafting and review, as well as the procedure for the registration of
the appellation of origin and (or) the right to use the appellation of origin.
Footnote. Paragraph 1 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
2. In this Instruction used the following concepts:
1) a geographical indication is an indication which identifies a product
originating from a territory, region or locality;
2) World Intellectual Property Organization (hereinafter referred to as WIPO) is
an international organization providing and regulating international policies and
cooperation in the field of intellectual property;
3) the applicant is an individual or legal entity who submitted the application
for registration of the appellation of origin and grant the right to use the appellation
of origin;
4) expert organization-an organization under the competent authority carrying out
the activity in the spheres assigned to the State monopoly (provision of services in the
area of trademarks, service marks, appellations of origin);
5) International Classification of Goods and Services (hereinafter referred to as
ICGS)-classification adopted by the Nice Agreement of June 15, 1957 with subsequent
amendments and additions;
6) appellation of origin of goods – description which is either a containing the
name of a country, region, community, locality or other geographical indications, as
well as specifying derived from this name and became known as a result of its use in
relation to goods, special properties, quality, reputation or other characteristics
which are mainly attributable to its geographical origin, including typical
environmental conditions and/or human factors;
7) authorized State body (hereinafter referred to as the authorized body)-the
Ministry of Justice of the Republic of Kazakhstan.
Footnote. Paragraph 2 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
2. Preparation and drafting of the application for
an appellation of origin 3. The exclusive right to use the appellation of origin shall be granted to
individuals or legal entities engaged in entrepreneurial activities that produce in the
geographical object goods which special properties are exclusively or primarily
associated with geographic environment, including environmental conditions and/or human
factors.
4. Application for registration of an appellation of origin of the goods and (or)
granting the right to use an appellation of origin of the goods (hereinafter referred to
as the application) shall be sent by mail or facsimile to the expert organization.
If the application is transmitted by facsimile, it must be confirmed by the
original on paper no later than one month from the date of receipt by fax. Subject to
this provision the date of receipt of the application will be deemed to be the date of
receipt by fax. If the application documents were received in the expert organization on
expiry or contain information which differ from the presented by fax, the documents
shall be considered received on the date of receipt of their originals.
Footnote. Paragraph 4 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
5. The application should be submitted in the Kazakh or Russian language. If the
documents attached to the application submitted in another language, they should be
accompanied by a translation into the State or Russian language. The translation is
submitted not later than one month from the date of receipt of the application.
Footnote. Paragraph 5 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
6. The application shall be submitted in triplicate.
3. Application requirements
7. The application shall relate to one appellation of origin of the goods and
contain:
1) request for an examination of the name and (or) granting the right to use the
appellation of origin of goods with an indication of the applicant (s), as well as his
(their) residence or domicile;
2) declared designation;
3) type of goods;
4) description of the specific properties of the goods;
5) specify the place of manufacture of the product (the boundaries of geographic
object).
In the absence of the above information in the application, the expert
organization shall notify the applicant of the refusal in acceptance to pendency.
Footnote. Paragraph 7 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
8. The application shall be accompanied by:
1) for applicants from the Republic of Kazakhstan:
the opinion of the competent authorities to the effect that the applicant is in
the specified geographical object and produces goods which specific properties are
associated with characteristic environmental conditions and/or human factors of the
geographical object;
the actual location of the producer and his production in this geographical
object is confirmed by the opinion of the competent authority;
a copy of the certificate of registration of legal entities and individual
entrepreneurs, if an application has been filed by an individual;
2) for a foreign applicant:
as proof of the right of a foreign applicant to use the claimed appellation of
origin in the country of origin may be submitted the certificate of registration in the
country of origin, issued by the competent authority of the country of origin of the
goods, in the original or as certified copy;
3) the power of Attorney, in the case of records management through a
representative;
4) a document confirming the payment of services of the expert organization.
All these documents must be submitted not later than two months from the date of
receipt of the application.
When failure to submit the requested documents within specified time limits, the
application is deemed not to have been filed and records management on it is not
restored as the applicant shall be notified in writing.
Documents that do not contain the application number will be returned without
pendency.
9. The application is submitted on the letterhead on the NM-1 form according to
the annex to the present Instruction.
Boxes, located above the word "application", filled with expert organization.
If any information cannot be placed fully in the appropriate boxes, they must be
provided in same form on an additional sheet.
10. Boxes of the applications filled in accordance with the WIPO codes.
In the box of the application under code 711 specifies the full name of the legal
entity, in accordance with the document of the State registration or surname, name and
patronymic (if any) of an individual.
Country code specified in WIPO Standard ST. 3.
In the box of an application following the box under code 711 specifies the full
mailing address of the applicant (the location of legal entity or individual's place of
residence), as well as a telephone number, telex and fax numbers.
In the box of the application under code 750 shall be indicated address for
correspondence, name, surname, patronymic (if any) or the name of the addressee. As the
correspondence address may be indicated the address of the representative on the
territory of the Republic of Kazakhstan.
In the box of the application under code of 740, which is applicable in the case
where the applicant has appointed a representative, including a patent attorney,
provides information about it: surname, first name, patronymic (if any).
Footnote. Paragraph 10 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
11. In the box of the application under the code 540 indicated alleged
designation, including the name of the geographical object or a combination of the name
with a specific designation of the goods.
Species (generic) product designation is not subject to independent legal
protection.
As appellations of origin can be registered modern or historical, formal or
informal, full or abbreviated name of a country, region, locality, community or other
geographical object as well as the symbol derived from this name.
Alleged symbol can additionally contain an indication of the species (generic)
item designation, which is not subject to independent legal protection.
Declared designation may be registered as an appellation of origin only when it
is used to denote goods, special properties of which solely or primarily defined by
characteristic of the geographical object’s environmental conditions or human factors or
environmental conditions and human factors at the same time.
Footnote. Paragraph 11 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
12. Not registered as appellations of origin designations:
1) which constitute or contain geographical indications capable of misleading
regarding the place of production of the goods;
2) formally indicating a true place of production of the goods, but giving the
mistaken impression that this product comes with another territory;
3) containing geographical indications that are not related to the place of
manufacture of the goods, and came in the Republic of Kazakhstan in general use as
designations of goods of known species.
13. When specifying a type of goods in respect of which appellation of origin is
claimed shall be used the terminology corresponding to ICGS. While the applicant stated
really produced goods, special properties of which are obtained through (solely or
primarily) environmental conditions and/or human factors of geography.
14. The description contains the properties of the goods in respect of which
registered the name of geographic object that distinguish this product from similar
products from other regions. The description should reflect an objective dependence of
the specific properties of the goods from the area-specific environmental conditions
and/or human factors.
The description should be informative, in particular, indicate the presence of
initial raw material of this geographical object, corresponding to climatic, geological
or other environmental conditions, people (stuff), capable to manufacture goods in the
traditional way.
Footnote. Paragraph 14 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
15. In the box of the application “Place of origin (manufacture) of goods"
provides information on the limits of the geographical object, the name of which is
declared as an appellation of origin, as well as information about the actual place of
production of the goods. The border area must be defined accurately and clearly.
Footnote. Paragraph 15 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
16. When completing the box "List of annexed documents" put an "X" in the
corresponding rows and specify the number of copies and sheets in each copy of the
attached documents. For attached documents, type of which is not provided in the
application, specify their purpose in the "Other documents".
17. The completion of box of the application "Signature" with the indication of
the date of the signature is obligatory in all cases.
On behalf of the legal entity application shall be signed by the head of the
organization or a person duly authorized by the charter documents, with an indication of
its position and sealed.
On behalf of the individual entrepreneur application form shall be signed by the
applicant.
Upon filing the application through a patent attorney shall be signed by the
patent agent.
The signature is decrypted with indication of the surname and initials of the
signer.
If the application has additional sheets they signed in the same manner.
4. Conduct of business on application
18. Amendment of the application changes, additions and corrections without
changing its essence and increase of the protection sought is made at the written
request of the applicant, submitted prior to the completion of the examination from the
filing date.
Changes, additions and corrections, changing the application on the merits is not
possible.
Footnote. Paragraph 18 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
19. Corrections in the application are made at the request of the applicant.
20. Extension of the response time to the request made during the examination, by
the expert organization is carried out at the request of the applicant, submitted no
later than the deadline for submission of the response. The maximum extension of the
response time for a request is six months.
21. A time limit for the response to the request, filing of the objection, as
well as providing documents of payment for registration of the appellation of origin and
(or) granting the right to use the appellation of origin and publish of information
about registration missed by the applicant, may be restored at the request of the
applicant submitted no later than two months from the date of expiration of the missed
time limit.
Footnote. Paragraph 21 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
22. In accordance with paragraph 1 of article 13 of the Law recall of the
application can be made at the request of the applicant at any stage of the examination.
On request, recognized to be recalled are not made legally significant actions.
5. Examination
23. Examination is carried out within six months from the filing date. During the
examination is carried out analysis for compliance of the claimed designation with the
requirements of articles 26 and 27 of the Law, validated content of the applications,
availability of the required documents and their compliance with the requirements set
out in this Instruction.
24. According to the results of examination the authorized body make a decisions
on the registration of the appellation of origin and (or) granting the right to use
them, or the decision on the refusal to register the appellation of origin and (or)
granting the right to use them.
25. In the course of the examination are checked:
conformity of the declared designation with the requirements provided for in
articles 26, 27 and 29 of the Law.
conformity of description of the custom property of product with data contained
in the State register of appellations of origin of goods of the Republic of Kazakhstan
(hereinafter referred to as the State Register), if the claimed designation is already
registered as an appellation of origin;
the existence of a geographical object, the name of which is declared as an
appellation of origin on the date of filing of the application;
conformity of declared designations with official modern name of geographic
object or its official historic name;
availability of information verifying a presence of geographical object, the name
of which is declared as an appellation of origin, just in the area, the boundaries of
which are indicated in the application.
If the name of the geographical object has lost its original ability to specify
place of the actual origin of the good and its special properties, it is regarded as a
geographical name that is not associated with the place of manufacture of the goods of a
certain kind.
Footnote. Paragraph 25 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
26. Check of the contents of the competent authorities’ opinions is to establish
the existence of evidence conforming:
existence of the applicant in the locality, the name of which declares as an
appellation of origin;
production by the applicant of the goods specified in the application, on the
territory of the locality, the name of which declares as an appellation of origin;
availability at the goods produced by the applicant of special properties defined
solely by and (or) mainly specific environmental conditions and/or human factors of
geographical object specified in the application.
Footnote. Paragraph 26 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
27. If the State register has a registration of the appellation of origin,
identical to the declared, then the expert organization conducts a comparative analysis
of the properties of the goods in respect of which the claimed appellation of origin and
properties specified in the State register.
In case of inconsistency between quality and/or other characteristics of the
goods in respect of which geographical name is claimed, to the good with the
characteristics of the object which name is entered in the State register, declared
designation is refused registration and (or) granting the right to use the appellation
of origin of the goods.
Footnote. Paragraph 27 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
28. Upon detection of breaches during examination of requirements for preparation
of application and documents attached to the application set by the present Instruction,
the applicant is sent a request with indication of breaches and requesting the missing
or corrected information and/or documents within three months from the date of the
request to the applicant.
29. The grounds for the request are:
lack of or incomplete information about the payment for examination;
incomplete payment;
lack of or improper registration of the power of attorney issued for the
representative;
clarification of declared designation;
clarification of the type of goods for which registration is sought, and (or) the
provision of the right to use the appellation of origin;
clarification of the place of manufacture of the goods for which registration is
sought, and (or) the provision of the right to use the appellation of origin;
clarification of the description of the specific properties of the goods
specified in the application;
clarification of information contained in the opinion of the competent authority
referred to in paragraph 8 of the present Instruction, including evidence of the
presence in the product of special properties and their sustained dependence on
environmental conditions and/or human factors specific for the object specified in the
application.
6. The decision on registration and (or) granting the right
to use the appellation of origin 30. On the basis of expert opinions the authorized body make decisions on the
registration of an appellation of origin of the goods and (or) granting the right to use
them.
31. In compliance of a declared designation and other application materials and
documents annexed thereto to the requirements established by the present Instruction,
the authorized body decides on the registration of the appellation of origin and
granting the right to use them.
32. In the event that there is available registration of the appellation of origin
in the State register and in compliance of application materials to the requirements
established by the present Instruction, including the requirements of paragraph 8 of the
present Instruction, shall be make a decision on granting the right to use already
registered appellation of origin.
33. The decision on registration and (or) granting the right to use the
appellation of origin provides the following information:
designation registered as an appellation of origin of the goods in respect of
which is granted the right to use;
information about the person to whom provided the right to use the appellation of
origin;
date of receipt of application;
type of goods;
description of the specific properties of the product, which is registered and
(or) provided the right to use the appellation of origin;
place of origin (manufacture) of the good (borders of geographic object).
Footnote. Paragraph 33 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
7. The decision on refusal of registration and (or)
granting the right to use the appellation of origin
34. If as the result of the expertise of declared designation found that the
claimed designation does not meets at least one of the requirements established by the
articles 27 and 29 of the Law, or the application and accompanying documents are made
with breach of the requirements of the present Instruction, the authorized body shall
refuse the registration of the appellation of origin and granting the right to use them.
35. The decision on refusal of registration and (or) granting the right to use the
appellation of origin provides the reasons of refusal of registration.
36. The applicant within three months from the date of the decision to refuse
registration on the basis of paragraph 2 of article 31 of the Law submits to the expert
organization motivated objection requesting a review of decision of the examination.
37. In case of disagreement with the repeatedly made decision of the examination
the applicant submits an objection in the manner provided for in paragraph 5 of article
12 of the Law.
8. Registration of the appellation of origin and grant the
right to use the appellation of origin
38. On the basis of the decision on registration, as well as a document confirming
payment of the State fee for registration and (or) granting the right to use the
appellation of origin of the goods and payment for services of expert organization for
registering and publishing information about the registration of the appellation of
origin and (or) granting the right to use by the expert organization shall be registered
appellation of origin of the goods and (or) the right to use the appellation of origin
in the State register by assigning it a sequence number (hereinafter referred to as
"registration number) and indicating the date of recording of the information
(hereinafter registration date).
Footnote. Paragraph 38 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
39. After the registration of the appellation of origin and (or) the right to use
the appellation of origin, the applicant is sent a notification on registration in the
State register.
Footnote. Paragraph 39 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
40. Extract from the State Register of appellations of origin (hereinafter
referred to as Extract) confirms the fact of registration of the appellation of origin
and the exclusive right of the owner to use it in respect of the goods specified in the
State Register of appellations of origin.
Extract is provided according to the Annexes no. 2, no. 3 of the present
Instruction.
Footnote. Paragraph 40 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
41. The State register shall contain the appellation of origin of goods, number
and date of registration of the appellation of origin, the description of the specific
properties of the product, information about all owners of the right to use the
appellation of origin indicating their location, as well as the number and date of
filing and all subsequent changes of the specified information.
Footnote. Paragraph 41 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
42. Concerning subsequent changes relating to the registration, after their entry
in the State register, the authorized body shall issue an Appendix to the Certificate,
which is an integral part of the certificate. The Certificate also filled in the Kazakh
and Russian languages.
43. Information relating to the registration and (or) the provision of the right
to use the appellation of origin, shall be published in the bulletin.
44. In accordance with article 45 of the Law for implementation by the expert
organization of actions under this Law, including the acceptance of applications for
trademark registration, applications for registration and granting the right to use the
appellation of origin of the goods, examination and other actions which give rise to
rights and obligations for their participants, the expert organization charge according
to article 40 of the Law of the Republic of Kazakhstan "On the State Enterprise".
Annex
to the Instructions on drafting, preparation
and pendency of an application
for an appellation of origin of goods
and grant the right to use the
appellation of origin of goods
Footnote. Paragraph as amended by orders of the Minister of Justice of the RK of
17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first
official publication).
Form HM-1
Date of receipt (220) Date of
filing (210) Application No.
Application
for registration and/or
provision of the right to use
the appellation of origin
To the Republican State Enterprise
"National Institute of Intellectual Property”
of the Ministry of Justice of the Republic of
Kazakhstan
Astana, 010000, Left bank,
House of Ministries,
35 st., h.8, entrance № 18
Submitting the following documents please register designation specified in the
application as an appellation of origin of good and grant the right to use them
(711) Applicant Country code according to
WIPO Standard ST. 3 (if any)
(Full name of the legal entity or individual, information on the State registration or
full name, if the applicant is an individual).
The full address of the applicant
Telephone: Fax:
(750) Address for correspondence (full mailing address, the addressee's name)
Telephone: fax:
(740) Patent attorney (name, registration number) or other representative of the
applicant
(540) The claimed designation (print in block letters)
Type of goods or a particular goods
Description of the specific properties of the goods
Place of origin (manufacture) of the goods (with an indication of the boundaries of
geographic object)
List of
attached
documents
Quantity of sheets in 1
copy Quantity of copies
proof of
payment:
account/payment
order No.
dated _ _
opinion
of the
competent
authority
translation of
documents into
the State and
Russian
languages
power of
attorney
other
documents
(specify)
including
marked in p.
all sheets
Signature
Post (Full name)
L.S.
Date
Applicant’s signature (stamped, if the applicant is a legal
entity) or a patent attorney and date
Annex 2
to the Instructions on drafting, preparation
and pendency of an application
for an appellation of origin of goods
and grant the right to use the
appellation of origin of goods
Footnote. Instruction is supplemented by Annex 2, in accordance with the order of
the Minister of Justice of the RK of 30.06.2015 No. 363 (the act is entered into force
in ten calendar days after its first official publication).
ABSTRACT FROM THE STATE REGISTER OF AN APPELLATION
OF ORIGIN OF GOODS OF THE REPUBLIC OF KAZAKHSTAN
MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN
(111) Registration number (210) Number of application
(151) Date of registration (220) Application filling date
(450) Date of publication (181) Registration validity term
(540) Claimed designation
(730) Title and location of owner of an appellation of origin of goods
Type of goods with indication of its manufacturing place:
Changes in the State register
Annex 3
to the Instructions on drafting, preparation
and pendency of an application
for an appellation of origin of goods
and grant the right to use the
appellation of origin of goods
Footnote. Instruction is supplemented by Annex 3, in accordance with the order of
the Minister of Justice of the RK of 30.06.2015 No. 363 (the act is entered into force
in ten calendar days after its first official publication).
ABSTRACT FROM THE STATE REGISTER OF AN APPELLATION
OF ORIGIN OF GOODS OF THE REPUBLIC OF KAZAKHSTAN
MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN
(111) Registration number (210) Number of application
(151) Date of registration (220) Application filling date
(450) Date of publication (181) Registration validity term
(540) Claimed designation
(730) Title and location of owner of an appellation of origin of goods
Type of goods with indication of its manufacturing place:
Changes in the State register
Annex 6
to the order of the Acting
Minister of Justice
of the Republic of Kazakhstan
of 23 April, 2010 No. 36
Rules of recognition of a trademark (service mark)
as well-known in the Republic of Kazakhstan
1. General provisions 1. These Rules of recognition of a trademark (service mark) as well-known in the
Republic of Kazakhstan are developed in accordance with subparagraph 2-1) of paragraph 2
of article 3 of the Law of the Republic of Kazakhstan "On Trademarks, Service Marks and
Appellations of Origin of Goods" from July 26, 1999 (hereinafter Law) and establish the
procedure for the recognition of trademark, service mark (hereinafter referred to as the
trademark) as well-known in the Republic of Kazakhstan by virtue of articles 6 bis and
10 bis of the Paris Convention for the Protection of Industrial Property dated March 20,
1883 (hereinafter-the Paris Convention).
2. For the purposes of these Rules of recognition of a trademark (service mark)
as well-known in the Republic of Kazakhstan in the Republic of Kazakhstan as well-known
trademark recognized trademark, registered on the territory of the Republic of
Kazakhstan or protected under international treaties, as well as the symbol used as a
trademark without its legal protection in the Republic of Kazakhstan, but have acquired
as a result of the extensive use of widely known in the Republic of Kazakhstan.
Footnote. Paragraph 2 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
3. The authorized body for the recognition of trademark as well-known is the
Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the
authorized body).
Footnote. Paragraph 3 as amended by orders of the Minister of Justice of the RK of
17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first
official publication).
2. An application for recognition of a trademark as well known
4. On the application of an individual or legal entity, as well-known trademark
in the Republic of Kazakhstan recognized trademark, registered on the territory of the
Republic of Kazakhstan or protected under international treaties, as well as the symbol
used as a trademark without its legal protection in the Republic of Kazakhstan, but have
acquired as a result of the extensive use of the widely known in the Republic of
Kazakhstan.
5. The application shall relate to one trademark and contain:
a declaration of acceptance of the mark as well-known;
the name or title of the trademark owner;
the address of his place of residence or location;
address for correspondence;
data on the legal protection of the trademark, including in the Republic of
Kazakhstan;
specifying the date from which, in the applicant’s view, the mark has become
well-known;
the image of the trademark;
the list of goods and services in respect of which, according to the applicant,
the mark has become well known.
6. The application shall be accompanied by:
1) information evidencing the trademark publicity;
2) trademark image of 8 x 8 cm format (next-see) in five copies;
3) the power of attorney, in the case of filing through a representative;
4) a document certifying payment of the State fee.
A document certifying payment of the State fee is provided to the competent
authority prior to the issuance of a certificate on a well-known trademark (service
mark).
In the case of non-submission of the application for extension of the deadline
for submission of documents established by paragraphs 5 and 6 of this Rules, records
management shall be stopped and the application shall be considered withdrawn.
7. Information on the de facto recognition of a trademark as well-known confirmed
by the results of a survey of consumers, which is made by a specialized independent
organization on the territory of the Republic of Kazakhstan. The survey covers the city
of the Republican significance, capital and at least five cities of oblast subordinance.
Total number of respondents in the same locality shall be not less than one hundred
people.
The survey is conducted among relevant groups of consumers. For consumer goods
survey is conducted among "typical" users (on the grounds of sex, age, education, social
and material status), as well as among professionals of relevant industries and trade.
For products of industrial and technical purpose survey is conducted among specialists
of production, trade or other business, which are consumers of products of this type.
During the consumer survey should be obtained data on does a consumer know trademark,
where and when consumers known this trademark, the goods for which the trademark is used
and whether he is a consumer of these goods.
In addition to the survey results, information confirming the well-known status of
a trademark are: data on the intensive use of the trademark on the territory of the
Republic of Kazakhstan (coverage of specific territories, terms of use);
how to use the trademark;
volume of sales of goods with the trademark and marketing channels;
annual average number of consumers of the goods with the trademark;
price of the trademark;
about the intensity of the trademark’s advertising (in the media, at exhibitions,
trade fairs) and the cost of advertising in accordance with the annual financial
statements;
degree of initial or acquired distinctiveness of the mark (marks with initially
weak distinctive capacity may acquire a high degree of distinctiveness as a result of a
long and intensive use);
use of the same or a similar mark by third parties, the nature and extent of such
use;
number of licensees, producers, distributors, importers, sellers;
degree of notoriety of a trademark-local, regional, in neighboring states, world;
vailability of trademark registrations abroad;
other information.
Footnote. Paragraph 7 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
8. The image of the trademark shall be suitable to reproduce. As the image of the
trademark the label is submitted. If the image is three-dimensional (3D), shall be
provided an image of general appearance, as well as image of other necessary
projections, giving an exhaustive representation about it. The image provided in the
color or color combination, in which publicity is claimed on well-known of the
trademark.
3. Examination of the application and publication
of data about it 9. Within two months from the filing date the authorized body checks for necessary
documents stipulated by the legislation of the Republic of Kazakhstan, notify the
applicant of acceptance of the application to pendency and publish information on the
Web site for review and possible direction of disagreements by third parties to the
authorized body.
Three months after the date of publication in the Bulletin, the application and
accompanying materials, confirming the well-known status of the mark shall be reviewed
by the authorized body. After this deadline the authorized body within three months is
reviewing the application.
The applicant has the right to make corrections, additions and clarifications to
the application materials before the end of its pendency.
If there is disagreement by a third party applicant shall be sent a notification,
respond on which the applicant submits before an opinion based on the results of the
pendency of the application.
Footnote. Paragraph 9 as amended by orders of the Minister of Justice of the RK of
30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first
official publication).
10. Based on the results of the examination of the application by the Commission
of the authorized body issued a decision on recognition of a trademark as well-known or
the decision to refuse such recognition, which is sent to the owner of the trademark
within 10 working days from the date of adoption of this decision.
The decision to refuse recognition of trademark as well-known is made, if it is
established that:
1) the information is not sufficient for the recognition of trademark as well-
known;
2) a trademark identical or similar to the applicant's trademark, protected or
designated in favor of other person in relation to similar goods with earlier priority
than the date on which the applicant seeks to recognize his trademark as well-known.
Decision on recognition of a trademark as well-known contains:
registration number of the well-known trademark;
the date on which the mark was recognized as well known;
the image of the the well-known trademark;
the name or the title of its owner, his location or place of residence;
the list of goods and services for which the trademark is recognized as well
known.
The decision of the authorized body’s commission can be appealed before the
courts.
Footnote. Paragraph 10 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
4. Registration of well-known in the Republic of Kazakhstan
trademarks in the State register and publication
of information about them 11. Based on the recognition of designations or of a trademark as well known in
the State Register of trademarks of the Republic of Kazakhstan (hereinafter referred to
as the State Register) is amended the relevant details.
Footnote. Paragraph 11 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
12. Information on registration of the well-known trademark, its owner and
subsequent modifications, concerning such registration shall be entered in the State
register and published in the bulletin.
Footnote. Paragraph 12 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
13. The legal protection of well-known trademarks shall terminate:
1) in connection with the expiry of the registration;
2) in connection with the entry into force of the decision of the Court on
cancellation of the decision of the authorized body’s commission on recognition of a
trademark as well-known.
Footnote. Paragraph 13 as amended by orders of the Minister of Justice of the RK
of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its
first official publication).
Annex
to the Rules of recognition
of a trademark (service mark)
as well-known
Footnote. Paragraph as amended by orders of the Minister of Justice of the RK of
17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first
official publication).
ОТЗ-1 (Well-known Trademark)
(191) MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN
(121)
CERTIFICATE
OF RECOGNITION OF A TRADEMARK AS WELL-KNOWN (111) No _
(730) Name and location of the owner of the trademark:
(511) ICGS classes
(151) Was registered in the State register of well-known trademarks
(152) Date of acceptance of the trademark as well-known
(181) Date of expiry of the certificate
Certificate applies to the whole territory of the Republic of Kazakhstan
Deputy Minister of Justice
of the Republic of Kazakhstan
Full name ___________________________________________________________
Information on amendments are provided on separate sheet in the form of an annex
to this certificate
(510) List of goods and/or services:
(591) Specifying of colors:
Annex 7
to the order of Acting
Minister of Justice
f the Republic of Kazakhstan
of 23 April, 2010 No. 136
Instruction on registration of license, sub-license agreements
on the use of industrial property subject matters
Footnote. Annex 7 removed by order of the Minister of Justice of the Republic of
Kazakhstan of 24.02.2012 No. 84 (the act is entered into force in ten calendar days
after its first official publication).
Annex 8
to the order of Acting
Minister of Justice
of the Republic of Kazakhstan
of 23 April, 2010 No. 136
Instruction on registration of agreement on the assignment of
the exclusive right for industrial property subject matters
Footnote. Annex 8 removed by order of the Minister of Justice of the Republic of
Kazakhstan of 24.02.2012 No. 84 (the act is entered into force in ten calendar days
after its first official publication).
Annex 9
to the order of Acting
Minister of Justice
of the Republic of Kazakhstan
of 23 April, 2010 No. 136
Rules on the preparation and registration of the application
for registration, registration and issue of certificate of
integrated circuit topologies
1. General provisions
1. These Rules are developed in accordance with the Law of the Republic of
Kazakhstan "On the legal protection of an integrated circuits topology (hereinafter -
Law) and determine the order of drafting, filing and processing of an application for
registration of an integrated circuit topology, registration and issuance of
certificates on the topology.
2. In these Rules are used the following terms and concepts:
1) Bulletin is the official periodical publication on the protection of integrated
circuits topology;
2) application-application for registration of an integrated circuit topology;
3) integrated circuit - microelectronic product of the final or intermediate form
intended to perform electronic circuitry functions, the elements and connections of
which inseparably formed in body and (or) on the surface of the material from which the
product is made;
4) patent attorneys - citizens of the Republic of Kazakhstan, which has been
granted in accordance with the law the right of representation of individuals and legal
entities before the authorized body;
5) topology of an integrated circuit (hereinafter referred to as the topology) is
fixed on a tangible medium spatial and geometric arrangement of the elements of an
integrated circuit and connections between them;
6) authorized body is the Ministry of Justice of the Republic of Kazakhstan.
Footnote. Paragraph 2 as amended by orders of the Minister of Justice of the RK of
17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first
official publication).
2. Preparation and submission of application
3. In accordance with paragraph 1 of article 11 of the Law, the author of
topology or other rightholder submits an application (hereinafter referred to as the
applicant).
The author of topology submits an application for the registration and obtaining
the certificate of registration of topology in the following cases:
If the topology is not created in order to perform the duties or specific tasks
of the employer;
If the topology is created in execution of duties or specific tasks of the
employer, but the contract between the author and the employer establishes the right of
the author to obtain a certificate of registration.
Confirmation of the right to apply by any document is not required.
4. An application may be filed within a period not exceeding two years from the
date of first use of topology, if it occurred.
An application should be submitted to the competent authority directly or sent by
mail.
5. An application may be filed by the applicant directly or through
representatives, including through a patent attorney registered in the authorized body.
The powers of the representative are confirmed by a power of attorney.
6. In accordance with paragraph 3 of article 11 of the Law, the application shall
relate to one topology and contain:
1) application for the registration of a topology with the indication of the
author (s) and a person (or persons) in favor of who registration is sought, as well as
their place of residence or location, the date of the first use of topology, if it took
place;
2) materials identifying the topology, including the summary;
3) the power of attorney, if the application for registration is filed through a
representative.
7. Application for registration of a topology that is used for commercial purposes
prior to the date of its receipt in the authorized body shall additionally contain proof
of the date of first use this topology for commercial purposes.
8. Application for registration of a topology is submitted in the State or Russian
language. Other documents of applications are submitted in the State language, Russian
or another language. If other application documents submitted in another language, it
shall be accompanied by a translation into the State or Russian language. The
translation must be submitted together with the application or within two months from
the date of receipt of the application containing the documents in another language, to
the competent authority.
9. Application for registration of a topology shall be submitted in triplicate,
materials, identifying the topology, including the summary and their translation to the
State or Russian language, shall be submitted in two copies.
Other application documents are submitted in one copy.
10. All documents are processed in such a way as to be a direct reproduction.
Each sheet is used with only one side with the location of lines parallel to the
lower side of the sheet.
11. Documents of the application shall be typed on strong, white, smooth, opaque,
combined paper.
12. Each document of the application begins on a separate sheet. Sheets have the
format of 210 x 297 mm. The minimum margins of the sheets (mm):
top-20,
right and bottom-20,
left -25.
The minimum margins of the sheets containing drawings (mm):
top and left – 25,
right -15,
bottom-10.
Format of folded sheets shall be 210 x 297.
Fields of sheet should be clean.
13. Every document of application second and subsequent sheets are numbered in
arabic numerals.
14. Documents are printed bold in black with a height of capital letters at least
2.1 mm. The text of the application documents must be complete and clear and not contain
discrepancies.
15. The application for registration of topology shall be in the KT form, set out
in annex 1 to this Rules.
If there are several authors of topology, information about them is presented as a
supplement (s) to the application on the form given in annex 2 to this Rules.
Boxes of application “Ref.No.__ ","Registration No.__ ", located in its upper
part, intended to fill by the authorized body after receipt of the application and shall
not be filled by the applicant.
In the box "Applicant(s)" provides information about the applicant (s): surname,
name and patronymic (if any) of the individual or legal entity, as well as information
about his (their) place (s) of residence or location (s).
For foreign individuals or legal entities staying or residing outside the Republic
of Kazakhstan, in favor of whom registration of the topology is asked, shall be
specified a country code in accordance with the international standards of the World
Intellectual Property Organization (if any).
Box "Basis of rights for this topology" applicable in the case where the
applicant is not the author. Here by putting a mark "x" in the appropriate cell notes a
basis for applying. Also shall be submitted a document confirming the right to apply to
the authorized body.
In the box "Information about the near analog of this topology” provided an
equivalent, if available. As an analogue of topology can be indicated the topology both
not previously used for commercial purposes and used for commercial purposes.
In the box "Name of topology" specified full and abbreviated name of the
topology.
"Alternative name" box is filled if there is an additional name for the topology
being registered, which could be a previously written document related to a topology.
"Date and place of first use of topology" box indicates the date (day, month,
year) and the country of the first use of topology for commercial purposes.
"Data on the legal owner on the date of first use of this topology” box provides
information about its rightholder on the date of first use.
"Information on protected topologies" box provides information about the
topologies used in creating of topology submitted on registration. The concept of
"protected topology" includes both registered and unregistered topology that is used for
commercial purposes not more than two years. This may be the closest analogs of topology
declared, as well as the other topology in the declared topology, consisting of elements
well-known to developers and manufacturers of integrated circuit on the date of its
creation, the combination of which is the original. Shall be provided information about
basic matrix and crystal topologies and the topologies of custom-made integrated
circuits created on its basis.
"Surname, name, patronymic of the author" box provides surname, name and
patronymic (if any) of the author in the nominative case, nationality, place of
residence, telephone.
The same box provides a brief description of the creative input of the author
when creating the topology.
"Information on documents contained in the application" box filled by putting a
mark "x" in the appropriate cells and specifying the number of sheets in each copy of
the attached documents.
"Address for correspondence" box specifies the place of residence of the applicant
(or one of the applicants) – an individual residing in the Republic of Kazakhstan, or
location in the Republic of Kazakhstan of the applicant who is a legal entity, or the
location of the applicant's representative (s), or other address in the territory of the
Republic of Kazakhstan.
Application and supplement (s) shall be signed by the applicant (s) or his
(their) representative (s).
Signatures must be decrypted with indication of the surname and initials of the
signer.
On behalf of the legal entity the application shall be signed by the head of the
organization or other duly authorized person in accordance with the current legislation,
with indicating of his post, his signature must be sealed by seal of that legal entity.
When applying for registration directly from two or more applicants, the
application and supplement (s) shall be signed by each of them.
16. In order to identify the topology not used for commercial purposes prior to
the date of receipt of the application for registration, materials, identifying the
topology must include:
1) full set a visually perceptible materials that show each layer of topology;
2) topological drawing or level-by-level topological drawings;
3) photos of each topology layer, fixed in the integrated circuit;
4) summary that contains information intended for future publication in the
Official Bulletin, where shall be indicated:
surname, name and patronymic (if any) of each author specified in the application
and supplement (s) thereto;
surname, name and patronymic or the title of each applicant;
name of the topology;
the kind of technology used for the manufacture of integrated circuit;
annotation that includes scope, purpose, or function of IC.
Volume of annotation is up to 700 characters.
17. In order to identify the topology that is used for commercial purposes prior
to the date of receipt of the application for registration, materials, identifying the
topology must additionally contain samples of integrated circuit, including the topology
in the form in which it was used for commercial purposes, in two copies, and the summary
should contain additional information about the date of the first commercial use and the
basic technical characteristics of IC sample.
18. The visually perceived materials images should be presented on a scale of not
less than 20:1.
Images in the photographs must be contrasting.
In all copies of drawings and photographs must be specified a scale of images.
19. If any layer of topology contains information of a confidential nature in
visually perceived materials, the relevant part of this layer (or whole layer) is
withdrawn and is included in the materials, identifying the topology in an encoded form.
3. Business management to obtain a certificate of topology
registration.
20. For correspondence on request after its filing and defend of the interests
during pendency of the application, the applicant may appoint a representative issuing
him a Power of attorney executed in accordance with the legislation of the Republic of
Kazakhstan.
21. Individuals residing outside the Republic of Kazakhstan, or foreign legal
entities conduct business on topology registration through patent attorneys.
Individuals with permanent residence in the Republic of Kazakhstan, but
temporarily abroad may conduct business relating to the topology registration, without a
patent attorney if specifies the address for correspondence within the Republic of
Kazakhstan.
22. Correspondence is carried out by the applicant or his representative, duly
authorized, on each application individually.
23. Materials sent after the application shall contain the number and the
signature of the applicant or his representative, otherwise the materials will be
returned without pendency.
24. Record management is conducted in the State or Russian language.
Materials submitted with design flaws that prevent their reading, are not
considered. The person submitting such material shall be sent a corresponding
notification.
25. At the request of the authorized body or on his own initiative, the applicant
prior to publication in the Official Bulletin supplement, corrects and refines the
application materials.
Fixed materials shall be submitted by the applicant in the form of substitute
sheets.
If corrections relate to misprints, errors in specifying bibliographic data and
will not lead to negative consequences regarding the definition with the direct
reproduction, the need for corrections can be showed in a letter of the applicant
without submission of substitute sheets.
4. Pendency of application 26. If the received application materials include statement and a copy of the
drawings or topology, then they are registered with putting the date of their receipt.
Application is assigned to the incoming number.
The applicant shall be notified on the fact of receipt of materials by issue or
delivering to him a single copy of the application with the details provided by the
authorized body (incoming number and date of receipt).
27. Check the application to ensure availability of the necessary documents and
compliance with requirements of the current legislation is carried out by the authorized
body, within two months from the date of its receipt.
28. During pendency of the application is checked:
availability of documents that should be contained in the application or be
attached to it;
compliance with the requirements for application documents established by these
Rules.
Pendency of the application is carried out without checking the originality of the
topology, the applicant's right to protection or reliability of the information
specified in the application.
29. If during the pendency of the application was established that application is
registered with violation of requirements provided by legislation, the applicant is sent
a request with the detected deficiencies and offering to submit missing or corrected
documents within three months from the date of the request.
30. The basis for the request is:
lack of one or more documents stipulated by paragraph 6 of this Rules;
violation of requirements of legislation for execution of power of attorney;
absence in the application of the topology registration of the required
information, details, signature, stamp, required under these Rules, as well as the need
to clarify the data given in the application;
identification of gaps in the preparation of documents to prevent their immediate
reproducing (violation of the requirements for the format of the sheets, field size,
print quality, which prevents reading of the application materials).
In the event of non-submission of the corrected or missing materials within the
established deadlines, the registration of the topology is not made, and the application
shall be considered withdrawn.
31. If as a result of the pendency of the application it is established that
application relates to objects not protected as topologies or where an applicant fails
to conform requirement of the first paragraph of point 4 of this Rules, the applicant
shall be sent the decision on refusal of registration of a topology.
5. Registration, issuance of certificate, publishing
32. If as a result of the application will be established that application
materials meet the requirements of this Rules, an authorized body enter the topology in
the State Register of integrated circuits topology (hereinafter-State register) with the
assignment of corresponding registration number, provides the applicant with
registration certificate and publishes information about registered topology in the
Bulletin.
33. The State register records all changes relating to the registration of the
topology.
34. The particulars entered in the State register, are considered reliable until
proved otherwise.
35. For the implementation of actions, including receiving applications for the
topology registration, their registration, certification, and other actions giving rise
to rights and obligations for the participants will be charged a payment in accordance
with the law.
36. The certificate of the topology registration (hereinafter Certificate) is
filled in the State and Russian languages, in accordance with the form prescribed in
Annex 3 to this Rules.
The Certificate shall indicate:
number of the certificate (registration);
name of the topology;
right holder-surname, name and patronymic (if any) of the individual and/or full
title of the legal entity;
country;
author (s) - surname, name and patronymic (if any);
application number;
date of first commercial use (if it occured);
registration date.
If there are several persons in favor of whom the topology registration is
sought, is issued one certificate.
37. The Certificate shall be submitted personally or sent by registered post mail
to an address of the right holder.
If there are several right holders, the certificate shall be sent to the right
holder, the first specified in the topology registration application.
When issuing the certificate it is required identity documents, as well as power
of attorney in the cases of representing the interests of the legal entity for the right
to obtain a certificate and a document certifying payment of the State fee. Certificates
of foreign right holders shall be handed in or sent to patent attorney.
For author of topology other than the right holder authorized body shall issue a
certificate confirming his authorship.
38. When publishing information on the topology registration the authorized body
in the bulletin "Onerkasiptik menshik -Industrial property" in section "Topology" in the
State and Russian languages publishes the following information:
registration number;
date of registration;
date of first use (if it occured);
surname, name, patronymic of the author (authors);
surname, name, patronymic, or title of the right holder (s);
code (s) of the country of residence of the author (s) of topology and place of
residence (location) of the right holder (s) in accordance with the international
standards of the World Intellectual Property Organization;
name of the topology;
annotation.
Information about the changes relating to the registration of the topology are
published by the authorized body in the bulletin " Onerkasiptik menshik -Industrial
property" under "Habarlama – Announcements” section in the State and Russian languages.
Appendix 1
to the Rules for compilation, submitting,
pendency of applications for registration,
registration and issue of certificate
of integrated circuit topology
Footnote. Annex 1 as amended by order of the Minister of Justice of the RK of
17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first
official publication).
KT Form
Ref.No.___ Registration No.________
from _______ from ______________
Ministry of Justice
of the Republic of Kazakhstan
Application
for registration of an integrated circuit topology
Country code according to WIPO Standard ST. 3 (if any) 1. Applicant (s) ______________________________________________
(full name or title of the applicant (s) and his (their) residence or location. Data on
the residence of the authors-applicants are shown in box 9)
2. The basis of rights for this topology
(to be completed if the applicant is not the author) (Note x)
applicant is an employer transfer of rights by the
author of the author or his assignee
to other person
transfer of rights by employer inherit right
to another person
3. Information about the near analog of this topology
_______________________________________________________________
4. Full name of topology:
_______________________________________________________________
short name:
_______________________________________________________________
5. Alternative name
_______________________________________________________________
6. Date and place of the first use of topology ______
date ____month_____ year _______ country
_______________________________________________________________
7. Data about the legal owner on the date of the first use of topology
Name/title
_______________________________________________________________
Nationality
_______________________________________________________________
Address telephone
_______________________________________________________________
8. Information about protected topologies
(used when creating the topology)
_______________________________________________________________
9. Author’s full name (information about other authors is
provided as a supplement(s) to the application (form KT/DOP))
_______________________________________________________________
Nationality
_______________________________________________________________
Address of residence, telephone
_______________________________________________________________
Brief description of the creative input of the author when creating the topology
_______________________________________________________________
10. Information on the documents contained in the application (Note x) materials
identifying the topology:
integrated circuit samples, including the topology in the form in which it
was used in 2 copies
full set of one of the following types of visually perceived materials that
render each layer of this topology, including the specification in 2 copies
topological drawing or level-by-level topological drawings on ___sheets
photos of each topology layer contained in the integrated circuit _ pcs
abstract on 1 sheet in 2 copies
copy of the document confirming the date and place of first use of topology
on ___sheets in 2 copies.
_____________________________________________________________________
document on payment of the State fee:
document about payment exemption from payment
on _____ sheets on _____ sheets
reduction of size of the payment
on _____ sheets.
_______________________________________________________________
supplement to the application (form KT/DOP on ___ sheets.)
power of attorney (s) on 1 sheet.
_____________________________________________________________________
11. Address for correspondence: (full mailing address including full postcode,
name or title of the addressee)
_______________________________________________________________
_______________________________________________________________
Phone number, including area code Fax Telephone
_______________________________________________________________
_______________________________________________________________
(signature (s) of applicant (s) or his representative; date of signature (s))
_______________________________________________________________
_______________________________________________________________
Appendix 2
to the Rules for compilation, submitting,
pendency of applications for registration,
registration and issue of certificate
of integrated circuit topology
Footnote. Annex 2 as amended by order of the Minister of Justice of the RK of
17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first
official publication).
KT/DOP Form
Ref.No.___ Registration No.________
from _______ from ______________
Ministry of Justice
of the Republic of Kazakhstan
Supplement to the application
for registration of an integrated circuit topology
Country code according to
WIPO Standard ST. 3
(if any)
1. Applicant (s)
(full name or title)
_______________________________________________________________
Name of topology (abbreviated)
_______________________________________________________________
Addition to paragraph 9 of the application
Author’s name
_______________________________________________________________
Nationality, domicile, telephone
_______________________________________________________________
Brief description of the creative input of the author when creating the topology
_______________________________________________________________
Addition to paragraph 9 of the application
Author's full name
_______________________________________________________________
Nationality, domicile, telephone
_______________________________________________________________
Brief description of the creative input of the author when creating the topology
_______________________________________________________________
Addition to paragraph 9 of the application
Author's full name
_______________________________________________________________
Nationality, domicile, telephone
_______________________________________________________________
Brief description of the creative input of the author when creating the topology
_______________________________________________________________
Addition to paragraph 9 of the application
Author's full name
_______________________________________________________________
Nationality, domicile, telephone
_______________________________________________________________
Brief description of the creative input of the author when creating the topology
_______________________________________________________________
Addition to paragraph 9 of the application
Author's full name
_______________________________________________________________
Nationality, domicile, telephone
_______________________________________________________________
Brief description of the creative input of the author when creating the topology
_______________________________________________________________
Addition to paragraph 9 of the application
Author's full name
_______________________________________________________________
Nationality, domicile, telephone
_______________________________________________________________
Brief description of the creative input of the author when creating the topology
_______________________________________________________________
Addition to paragraph ____ of the application
_______________________________________________________________
Addition to paragraph ____ of the application
_______________________________________________________________
(signature (s) of applicant (s) or his representative; date of signature (s))
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Appendix 3
to the Rules for compilation, submitting,
pendency of applications for registration,
registration and issue of certificate
of integrated circuit topology
Footnote. Annex 3 as amended by order of the Minister of Justice of the RK of
17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first
official publication).
MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN
REGISTRATION CERTIFICATE
No.___ Name of topology:
Rightholder:
Country:
Authors:
Application No.
Date of the first commercial use (if any):
Registered in the State Register (date and registration number):
Certificate applies to the whole territory of the Republic of Kazakhstan
Deputy Minister of Justice
of the Republic of Kazakhstan Full name
Annex 10
to the order of Acting
Minister of Justice
of the Republic of Kazakhstan
of 23 April, 2010 No. 136
A list of recognized void orders of the Chairman of the
Committee on the Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan 1) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan of 15 August, 2002 No. 133 "On
Approval of Instruction on Recognition of a Trademark (Service mark) as Well-known in
the Republic of Kazakhstan" (registered in the State Register of regulatory legal acts
No. 1960 published in the Bulletin of normative-legal acts of Central Executive and
other State bodies of the Republic of Kazakhstan No. 36, p. 685, 2002);
2) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan of 9 November, 2002 No. 192 "On
Approval of the Rules for Drafting, Submitting, Pendency of Application for
Registration, Registration and Issue of Certificate of Integrated Circuit Topology” "
(registered in the State Register of regulatory legal acts No. 2043 published in the
Bulletin of normative-legal acts of Central Executive and other State bodies of the
Republic of Kazakhstan No. 2, p. 769, 2003);
3) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan No. 60-p of 28 September, 2004 "On
Amendments to the Order of the Chairman of the Committee on the Intellectual Property
Rights of the Ministry of Justice of the Republic of Kazakhstan of 9 November, 2002 No.
192 "On Approval of the Rules for Drafting, Submitting, Pendency of Application for
Registration, Registration and Issue of Certificate of Integrated Circuit Topology" "
(registered in the State Register of normative-legal acts of Central Executive and other
State bodies of the Republic of Kazakhstan No. 3125);
4) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan No.72-p of 14 October, 2004 “On
Approval of the Rules of filing and processing of applications for the grant of a
selection patent” " (registered in the State Register of regulatory legal acts No. 3183
published in the Bulletin of normative-legal acts of Central Executive and other State
bodies of the Republic of Kazakhstan No. 45-48, art. 1049, 2004);
5) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan No. 70-OD of 30 December, 2005 "On
Amendments to the Order of the Chairman of the Committee on Intellectual Property Rights
of the Ministry of Justice of the Republic of Kazakhstan of 9 November, 2002 No. 192 "On
Approval of the Rules for drafting, submitting, reviewing of applications for
registration, registration and issue of certificate of integrated circuit topology"
(registered in the State Register of normative-legal acts of Central Executive and other
State bodies of the Republic of Kazakhstan No. 4028);
6) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan of 30 December, 2005 No. 71-OD, "On
Amendments to the Order "On Approval of Instruction on Recognition of a Trademark
(Service mark) as Well-known in the Republic of Kazakhstan" (registered in the State
Register of regulatory legal acts No. 4019 published in the "Legal Newspaper"
("Юридическая газета") of 25 January, 2006 No. 11 (991);
7) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan of 24 April, 2007 No. 52-OD, "On
Approval of Instruction for drafting, execution and pendency of an application for the
grant of an innovation patent or invention patent” (registered in the State Register of
regulatory legal acts No. 4643 published in the Bulletin of normative-legal acts of
Central Executive and other State bodies of the Republic of Kazakhstan of August, 2007
No. 8, art.278);
8) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan of 24 April, 2007 No. 53-OD, "On
Approval of Instruction on Drafting, Execution and Pendency of an Application for
Utility Model Patent" (registered in the State Register of regulatory legal acts No.
4643 published in the "Legal Newspaper" ("Юридическая газета") of 17 August, 2007 No.
126 (1329);
9) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan of 24 April, 2007 No. 55-OD, "On
Approval of Instruction on Drafting, Execution and Pendency of an Application for a
Trademark” (registered in the State Register of regulatory legal acts No.4645 published
in the "Legal Newspaper" ("Юридическая газета") of 14 September, 2007 No. 141 (1344);
10) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan of 24 April, 2007 No. 56-OD "On
Approval of Instruction on Drafting, Execution and Pendency of an Application for an
Appellation of Origin and Grant of the right to Use the Appellation of Origin"
(registered in the State Register of regulatory legal acts No. 4646 published in the
"Legal Newspaper" ("Юридическая газета") of 14 September, 2007 No. 141 (1344);
11) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan No. 57-OD of 24 April, 2007 "On
Approval of Instruction on Registration of License, Sub-license Agreements on the Use of
Industrial Property Subject Matters" (registered in the State Register of regulatory
legal acts No. 4647 published in the "Legal Newspaper" ("Юридическая газета") of 5
September, 2007 No. 135 (1338);
12) Order of the Chairman of the Committee on Intellectual Property Rights of the
Ministry of Justice of the Republic of Kazakhstan of24 April, 2007 No. 58-OD, "On
Approval of Instruction on Registration of Treaties on Assignment of Exclusive Rights
for Industrial Property Subject Matters"(registered in the State Register of regulatory
legal acts No. 4648 published in the "Legal Newspaper" ("Юридическая газета") of 30
August, 2007 No. 133 (1336).
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