ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2019 No. 455

About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of October 26, 2018 No. 1510 "About approval of regulations of the state services in the field of protection and protection of intellectual property rights"

According to the subitem 2) 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 of March 18, 2002 "About judicial authorities" I ORDER:

1. In the order of the Minister of Justice of the Republic of Kazakhstan of October 26, 2018 No. 1510 "About approval of regulations of the state services in the field of protection and protection of intellectual property rights" (it is registered in the Register of state registration of regulatory legal acts No. 17667, it is published on November 14, 2018 in Reference control bank of regulatory legal acts) to make the following changes:

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;

2) 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.

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2019 No. 455

Appendix 3

to the Order of the Minister of Justice of the Republic of Kazakhstan of October 26, 2018 No. 1510

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

Section 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) is rendered based on the standard of the state service "Registration of Provision of the Right to Use Trademark, Selection Achievement and Object of Industrial Property" approved by the order of the Minister of Justice of the Republic of Kazakhstan of October 11, 2018 No. 1481 (it is registered in the Register of state registration of regulatory legal acts at No. 17557) (further - the standard) 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).

Issue of result of rendering the state service is performed through the web portal of "the electronic government" www.egov.kz.

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

3. Result of rendering the state service - the direction 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 the 10th standard.

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

Section 2. The description of operations procedure of structural divisions (workers) of the service provider in the course of rendering the state service

4. The basis for the procedure (action) for rendering the state service is receipt of documents by the service provider according to Item 9 of the standard from uslugopoluchatel electronically.

5. Procedures (action) which are part of process of rendering the state service:

1) acceptance and distribution of documents of uslugopoluchatel in the automated information system "National Institute of Intellectual Property" (further - AIS "NIIS") the head of department of registration of agreements on the order of the rights to objects of industrial property (further - management);

2) check of payment for rendering the state service by the expert of management;

3) verification of documents and preparation of result of rendering the state service by the expert of management;

4) approval of result of rendering the state service by the head of the department of the state registers, publications and registration of agreements on the order of the rights to objects of industrial property (further - the department head) and the head of department;

5) signing of result of rendering the state service by the deputy manager of the service provider;

6) the direction the expert of management of result of rendering the state service in personal account of uslugopoluchatel.

Section 3. The description of order of interaction of structural divisions (workers) of the service provider in the course of rendering the state service

6. The list of structural divisions (workers) of the service provider who participate in process of rendering the state service:

1) head of department;

2) expert of management;

3) department head;

4) deputy manager of the service provider.

7. The description of the sequence of procedures (actions) between structural divisions workers of the service provider:

1) the head of department performs documents acceptance of uslugopoluchatel in AIS "NIIS" and distributes to their expert of management within one working day from the moment of receipt of documents;

2) the expert of management within six working days from the moment of receipt of documents to it checks payment and documents for compliance to qualifying standards. In the presence of the bases interfering registration of the agreement on the order of the right to object of industrial property, the expert of management sends inquiry to uslugopoluchatel with the offer within three-months term from the date of its direction to submit the absent or corrected documents or to make necessary changes and (or) amendments. In this case the term of conducting verification of documents is estimated from the date of submission of the absent or corrected documents. By results of check of payment and documents the expert of management prepares the notification on rendering the state service or the notification on refusal in rendering the state service in the bases, stipulated in Item the 10th standard, and sends to the head of department for approval;

3) the head of department within four hours approves the notification on rendering the state service or the notification on refusal in rendering the state service and sends to the department head for approval;

4) the department head within four hours approves the notification on rendering the state service or the notification on refusal in rendering the state service and directs to signing to the deputy manager of the service provider;

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