ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2019 No. 382

About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of October 11, 2018 No. 1481 "About approval of standards of the state services in the field of protection and protection of intellectual property rights"

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", and also being guided by the subitem 3) of Item 2 of article 7 of the Law of the Republic of Kazakhstan "About judicial authorities", I ORDER:

1. In the order of the Minister of Justice of the Republic of Kazakhstan of October 11, 2018 No. 1481 "About approval of standards of the state services in the field of protection and protection of intellectual property rights" (it is registered No. 17557, is published in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan on October 19, 2018 in Reference control bank of regulatory legal acts) to make the following changes:

3) of Item 1 of the specified order to state the subitem in the following edition:

"3)" registration of provision of the right to use the trademark, selection achievement and object of industrial property" according to appendix 3 to this order;";

4) of Item 1 of the specified order to state the subitem in the following edition:

"4)" registration of transfer of exclusive right for the trademark, selection achievement and object of industrial property" according to appendix 4 to this order;";

5) of Item 1 of the specified order to state the subitem in the following edition:

"5)" registration of the trademark" according to appendix 5 to this order;";

6) of Item 1 of the specified order to state the subitem in the following edition:

"6)" right to use registration by the name of the place of goods origin" according to appendix 6 to this order;";

7) of Item 1 of the specified order to state the subitem in the following edition:

"7)" issue of security documents in the field of industrial property" according to appendix 7 to this order;";

8) of Item 1 of the specified order to state the subitem in the following edition:

"8)" issue of the security document for selection achievement" according to appendix 8 to this order;";

9) of Item 1 of the specified order to state the subitem in the following edition:

"9)" registration of topology of integral chips" according to appendix 9 to this order;";

10) of Item 1 of the specified order to state the subitem in the following edition:

"10)" provision of the statement from the state registers of trademarks, names of places of goods origin" according to appendix 10 to this order;".

3, of 4, of 5, of 6, of 7, of 8, 9 and 10 to the specified order to be reworded as follows appendices according to appendices 1, of 2, of 3, of 4, of 5, of 6, 7 and 8 to this order.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order its direction in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" the Ministries of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of July 5, 2019 No. 382

Appendix 3

to the Order of the Minister of Justice of the Republic of Kazakhstan of October 11, 2018 No. 1481

Standard of the state service "Registration of Provision of the Right to Use Trademark, Selection Achievement and Object of Industrial Property"

Chapter 1. General provisions

1. The state service "Registration of Provision of the Right to Use Trademark, Selection Achievement and Object of Industrial Property" (further - the state service).

2. The standard of the state service (further - the standard) is developed by the Ministry of Justice of the Republic of Kazakhstan (further - authorized body).

3. The state service appears the Republican state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan (further - the service provider).

Reception of an application and issue of result of rendering the state service is performed through the web portal of "the electronic government" www.egov.kz (further - the portal).

Chapter 2. Procedure for rendering the state service

4. Term of rendering the state service:

within 10 (ten) working days from the date of delivery by physical person or legal entity (further - uslugopoluchatel) document package specified in Item 9 of this standard.

In case of violation of requirements to document creation or availability of the bases interfering registration of the agreement, but which can be eliminated, by the service provider to uslugopoluchatel the notification with the offer within three-months term from the date of its sending goes to submit the absent or corrected documents or to make necessary changes and additions.

5. Form of rendering the state service - electronic (completely automated).

6. Result of rendering the state service - the direction to uslugopoluchatel of the notice of registration of provision of the right to use the trademark, selection achievement and object of industrial property or the motivated answer about refusal in rendering the state service in the bases, stipulated in Item 10 these standards.

Form of provision of result of rendering the state service - electronic.

7. The state service is rendered on paid basis according to the Service prices in the field of protection of trademarks, names of places of goods origin, objects of industrial property, selection achievements approved according to Item 2 of article 3-1 of the Law "About Trademarks, Service Marks and Names of Places of Goods Origin", according to Item 2 of article 3-2 of the Law "About Protection of Selection Achievements", according to Item 2 of article 4-1 of the Law of the Republic of Kazakhstan "The patent law of the Republic of Kazakhstan" (further - the Prices), and posted on the official sites of www.adilet.gov.kz authorized body and the service provider of www.kazpatent.kz.

Payment is performed by non-cash method through payment gateway of bank of the second level integrated by c information system of the service provider of newcab.kazpatent.kz on the bank details specified in appendix 1 to this standard.

8. Working schedule:

1) the portal - round the clock, except for technical breaks in connection with carrying out repair work.

2) the service provider - Monday through Friday inclusive, from 9:00 till 18:30 o'clock with lunch break from 13:00 till 14:30 o'clock, except days off and holidays, according to the labor law of the Republic of Kazakhstan.

9. List of the documents necessary for rendering the state service:

one of the chosen statements in electronic form, the uslugopoluchatel certified by the digital signature, according to appendices 2, 3, 4 presents of the standard;

electronic copy of the agreement on provision of the right to use object or notarized copy of the agreement;

the electronic copy of the decision of governing bodies of the owner of the security document or exclusive rights, general meeting of founders or shareholders concerning the conclusion of the agreement and representation of powers on agreement signature by the director, in case of filing of application by national uslugopoluchatel;

the electronic copy of the power of attorney (if the application is submitted for rendering the state service through the representative).

Uslugopoluchatel agrees to use of the data which are the secret protected by the law, containing in information systems when rendering the state services if other is not provided by the laws of the Republic of Kazakhstan.

Data on the document confirming payment, the service provider receives from the corresponding state information system through lock of "the electronic government".

10. The service provider refuses rendering the state service in the following bases:

1) the expiration for recovery of the stopped effective period of exclusive right on object;

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