ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2018 No. 238

About introduction of amendments to the order of the acting minister of justice of the Republic of Kazakhstan of May 29, 2015 No. 304 "About approval of regulations of the state services in the field of industrial property"

According to the subitem 2) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Bring in the order of the acting minister of justice of the Republic of Kazakhstan of May 29, 2015 No. 304 "About approval of regulations of the state services in the field of industrial property" (it is registered in the Register of state registration of regulatory legal acts for No. 11559, it is published on August 19, 2015 in information system of law of Ad_let) the following changes:

in the regulations of the state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property" approved by the specified order:

5) of Item 5 to state the subitem in the following edition:

"5) in case of decision making about registration of the agreement - entering by the service provider of data on the agreement into the register of the registered agreements, the publication by the expert organization of data on the registered agreement in the statement, in case of decision making about refusal - the motivated answer in writing about refusal in rendering the state service;";

state Item 7 in the following edition:

"7. The office of the expert organization adopts the statement, documents enclosed to the application, specified in Item 9 of the standard, if necessary, issues to uslugopoluchatel the notification with indication of the entering number, date and time of reception of an application and documents, and transfers within one working day the accepted documents to department of examination of agreements.

The department of examination of agreements by the expert organization within thirteen working days from receipt date of the statement and documents carries out preliminary expert examination of the arrived documents during which availability of necessary documents and observance of the requirements established to them is checked, in case of absence in the materials of the document confirming payment of conducting examination enclosed to the application, the invoice for payment is made out uslugopoluchatel. In this case the specified terms are estimated from the date of payment receipt in the expert organization.

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

Within fifteen working days expertize in essence during which studying of materials of the agreement by results of which the conclusion about registration of the agreement or about refusal in registration of the agreement is taken out is carried out is carried out.

Within two working days after pronouncement of the conclusion about refusal the expert organization sends this conclusion to registration of the agreement to the service provider with indication of causes of failure.

In case of positive result of examination the expert organization within five working days sends to the service provider the conclusion about lack of the bases interfering registration of the agreement.

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

The service provider within five working days from the moment of receipt of the conclusion of the expert organization makes the decision on registration or on refusal in registration of the agreement and within one working day sends to the expert organization.

After decision about registration on the title page of the agreement the stamp about its registration with indication of registration date and its registration number is put down, data on the agreement are entered in the register of the registered agreements, three copies of the registered contract with the conclusion arrive in the expert organization.

The expert organization for the registered agreements sends two copies of the registered agreement to the address for correspondence specified in the statement and publishes in the bulletin of the data on the registered agreements.

In case of pronouncement by the service provider of the decision on refusal under the considered agreement together with the decision on refusal in registration return to registration of the agreement, documents the expert organization for the address specified in the statement.

The scheme of functional interaction between structural divisions is specified in appendix 2 to these regulations.";

2, 3 to regulations to state appendices in edition according to appendices 1, 2 to this order;

in the regulations of the state service "Registration of License, Sublicense Agreements" approved by the specified order:

5) of Item 5 to state the subitem in the following edition:

"5) in case of decision making about registration of the agreement - entering by the service provider of data on the agreement into the register of the registered agreements, the publication by the expert organization of data on the registered agreement in the statement, in case of decision making about refusal - the motivated answer in writing about refusal in rendering the state service;";

state Item 7 in the following edition:

"7. The office of the expert organization adopts the statement, documents enclosed to the application, specified in Item 9 of the standard at uslugopoluchatel, if necessary, issues to uslugopoluchatel the notification with indication of the entering number, date and time of reception of an application and documents, and transfers within one working day the accepted documents to department of examination of agreements.

The department of examination of agreements of the expert organization within thirteen working days from receipt date of the statement and documents carries out preliminary expert examination of the arrived documents during which availability of necessary documents and observance of the requirements established to them is checked, in case of absence in the materials of the document confirming payment of conducting examination enclosed to the application, the invoice for payment is made out uslugopoluchatel. In this case the specified terms are estimated from the date of payment receipt in the expert organization.

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

Within fifteen working days expertize in essence during which studying of materials of the agreement by results of which the conclusion about registration of the agreement or about refusal in registration of the agreement is taken out is carried out is carried out.

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