I.O'S ORDER. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 6, 2009 No. 101

About approval of the Instruction for creation, registration and consideration of the request for patent grant on industrial designs

Being guided by the subitem 3) of Item 2 of article 7 of the Law of the Republic of Kazakhstan "About judicial authorities" for the purpose of realization of item 4 of article 19 of the Law of the Republic of Kazakhstan "the Patent Law", I ORDER:

1. Approve the enclosed Instruction for creation, registration and consideration of the request for patent grant on industrial design.

2. Declare invalid the Order of the Chairman of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan of April 24, 2007 No. 54-OD "About approval of the Instruction for creation, registration and consideration of the request for patent grant on industrial design" (registered in the Register of state registration of regulatory legal acts for No. 4644, published in "The legal newspaper" of September 7, 2007, No. 137 (1340)).

3. To provide to committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order.

4. To impose control of execution of this order on the chairman of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan.

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

Approved by the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of August 6, 2009 No. 101

The instruction for creation, registration and consideration of the request for patent grant on industrial designs

1. General provisions

1. This Instruction for creation, registration and consideration of the request for patent grant on industrial designs (further - the Instruction) is developed according to the Law of the Republic of Kazakhstan "The patent law" (further - the Law) and disaggregates creation, registration and consideration of the request for patent grant on industrial designs.

2. In this Instruction the following concepts and terms are used:

1) authorized body - the state body determined by the Government of the Republic of Kazakhstan, performing state regulation in the field of protection of inventions, useful models, industrial designs;

2) the expert organization - the organization subordinated to authorized body performing activities in the spheres referred to the state monopoly (rendering services in the field of protection of inventions, useful models, industrial designs);

3) the request - the request for patent grant for industrial designs;

4) Parisian convention - The Parisian convention on protection of industrial property of March 20, 1883 with subsequent changes and amendments;

5) the conventional request - the application submitted according to the Parisian convention on protection of industrial property of March 20, 1883;

6) VOIS - World Intellectual Property Organization;

7) MKPO - International classification of industrial designs;

8) ENID - the International codes for identification of the bibliographic data relating to industrial designs.

2. General requirements to the request

3. The request belongs to one industrial design or group of the industrial designs connected among themselves so that they meet the requirement of unity of industrial design.

The unity of industrial design is recognized observed if:

on images of product and in the list of essential signs one industrial design representing the art and design solution of one product, including the whole product, its independent part of set of group of shared products is provided;

on images of products and in the list of essential signs of industrial design the group of the industrial designs forming single creative intention and representing the solutions of the same product characterizing the basic dominating composition elements determining identical main esthetic and/or ergonomic features of product, and differing with insignificant part of the essential signs supplementing the above-stated general signs (groups) is provided.

4. The application is submitted by person having the right to the security document according to Item 1 of article 10 of the Law.

5. Date of application for industrial design is established on receipt date in the expert organization of the request containing the statement for issue of the security document on industrial design with indication of surname, name, middle name (if it is available) or full name of the applicant, the description, the image of product (prototype) and if the specified documents are submitted not at the same time, then on receipt date of the last of the submitted documents.

6. The request for industrial design contains the following:

1) the petition with indication of authors of industrial design and persons addressed to whom the patent, and also their residence or the location is asked (in 3 copies);

2) set of product (products) or prototype, suitable for reproduction of the images, giving complete detailed idea of the declared sample (samples) (general view - 8 copies, additional types - in 2 copies);

3) the description of industrial design including the list of its essential signs in 2 copies;

The power of attorney in case of maintaining put 4) through the representative.

The document confirming payment of application in the established size and the document confirming the bases for reduction of its size provided by rates of the expert organization which can be provided together with the request or within two months from receipt date of the request is attached to the request for industrial design. On condition of the corresponding payment this term can be prolonged, but no more than for two months.

In case of non-presentation of documents on payment at the scheduled time the request is recognized not given.

3. Requirements imposed to creation and document creation of the request

7. The petition is submitted in form No. 1-PO according to appendix 1 to this Instruction.

If no data can be placed completely in the corresponding graphs, they are provided on additional leaf with indication of in the corresponding column of the statement: "watch Appendix".

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