ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 13, 2014 No. 92

About approval of standards of the state services in the field of industrial property

According to the subitem 3) of article 6 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) standard of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property";

2) standard of the state service "State Registration of License, Sublicense Agreements, Agreements on the Payments Connected with Use of Objects of Industrial Property";

3) standard of the state service "State Registration and Certification of Patent Agents";

4) standard of the state service "Issue of the Certificate on the Trademark";

5) standard of the state service "Issue of the Certificate on the Name of the Place of Goods Origin";

6) standard of the state service "Patent Grant on Industrial Design";

7) standard of the state service "Patent Grant on Useful Model";

8) standard of the state service "Patent Grant on the Invention";

9) standard of the state service "Issue of the Innovative Patent";

10) standard of the state service "Patent Grant on Selection Achievement".

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of February 13, 2014, No. 92

Standard of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property"

1. General provisions

1. The state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property" (further – the state service).

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

3. The state service appears Committee on intellectual property rights of the Ministry (further – the service provider).

Reception of applications and issue of results of rendering the state service are performed through the Republican state company "National Institute of Intellectual Property" of Committee on intellectual property rights of the Ministry (further – the expert organization).

2. Procedure for rendering the state service

4. Terms of rendering the state service:

1) from the moment of delivery of document package to the service provider:

within fifteen working days preliminary expert examination of the arrived documents during which availability of necessary documents and observance of the requirements established to them is checked is carried out;

in twenty-day time expertize in essence during which studying of materials of the agreement is carried out is carried out;

in case of positive result of examination the conclusion about lack of the bases interfering registration of the agreement within five working days goes the expert organization to uslogodatel for decision making (in case of pronouncement by the expert organization of the conclusion about refusal in registration of the agreement, this conclusion goes to the service provider within two working days);

within five working days from the moment of receipt of the conclusion of the expert organization by uslogodatel the decision on registration or on refusal in registration of the agreement is made.

In case of violation of requirements to document creation or availability of the bases interfering registration of the agreement, but which can be eliminated to uslugopoluchatel the inquiry with the offer within three-months term from the date of its sending is sent to submit the absent or corrected documents or to make necessary changes and additions. In this case terms of conducting examination are in essence estimated from the date of submission of the absent or corrected documents;

2) the most allowed time of expectation for delivery of document package – 10 (ten) minutes;

3) the most allowed time of servicing – 10 (ten) minutes.

5. Form of rendering the state service: paper.

6. Result of rendering the state service – state registration of the contract with the put-down stamp with registration date and the current issue of the agreement issued on paper or the motivated answer in writing about refusal in rendering the state service in cases and on the bases, stipulated in Item 10 these standards of the state service.

7. The state service is rendered on paid basis.

The state fee is paid for the place of making of legally significant actions and (or) issues of documents by the service provider, through bank institutions of the Republic of Kazakhstan which issue the payment documents confirming the size and payment date, stipulated in Clause 539 Codes of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)", the size of 150 percent from the monthly settlement indicator established by the law on the republican budget and operating on payment date of the state fee.

In addition for conducting examination the payment established according to the legislation in the field of the state monopoly is levied. The cost and the sizes of the established rates are placed on interent-resource of the expert organization www.kazpatent.kz.

The bank details necessary for payment of the state fee are specified in appendix 1 to this standard of the state service.

8. Working schedule of the service provider: Monday through Friday from 09-00 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. The state service is rendered in turn, without making an appointment and the accelerated servicing.

9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy):

1) the statement in form according to appendix 2 to this standard of the state service;

2) originals or notarially certified copies of the contract of assignment in four copies, subject which the homogeneous objects of industrial property supplied with the title page are. Each copy of the agreement is stitched, fastened with paper seal on which entry about the number of the strung together and numbered sheets is made, the impress of a seal and signatures of both parties authorized on persons is put down (concerning contracts of assignment of the patent – both parties authorized on persons or uslugopoluchatel);

3) the notarized power of attorney, in case of filing of application through the patent agent or other representative;

4) the document confirming payment of the state fee;

5) for national uslugopoluchatel (residents of the Republic of Kazakhstan) the decision of governing bodies of the owner concerning the conclusion of the agreement and provision of powers on signing by his director.

In case of delivery uslugopoluchatel of all necessary documents to the service provider confirmation of adoption of the statement on paper is the mark in its copy about registration in office of the expert organization with indication of date and time of acceptance of document package.

10. The bases for refusal in rendering the state service, established by the laws of the Republic of Kazakhstan are:

1) cancellation of the security document concerning which the agreement is signed and is absent possibility of their recovery;

2) non-presentation in the three-months time of all required materials and data at the request of the expert organization;

3) absence at the parties of the necessary rights to the conclusion of the contract of assignment of exclusive rights on the trademark;

4) if the concession of exclusive rights on the trademark can be the reason of false representation concerning goods or its manufacturer.

3. Procedure for appeal of decisions, actions (failure to act) услугодатя and (or) his officials concerning rendering the state services

11. Appeal of decisions, actions (bezdeystviye) of the service provider and (or) his officials concerning rendering the state services:

the claim is submitted addressed to the head of the service provider to the address specified in Item 13 of this standard of the state service or addressed to the head of the Ministry of the address: 010000, city of Astana, area Esil, Ulitsa Orynbor, house No. 8, No. entrance 13, No. office 925, contact telephone number: (87172) 74-07-37.

The claim is submitted in writing by mail, or purposely through office of the service provider, or the Ministry, in the working days.

Confirmation of adoption of the claim is registration (stamp, the entering number and date) in office of the service provider, or the Ministry, with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint. After registration the claim goes to the head of the service provider, or the Ministry, for determination of the executive in charge and acceptance of adequate measures.

The claim of uslugopoluchatel which arrived to the service provider or the Ministries, is subject to consideration within five working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslugopoluchatel by means of mail service or is issued purposely in office of the service provider, or the Ministry.

In case of the address through the portal information on procedure for appeal can be obtained by phone single contact center: 1414.

When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration of the claim).

In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is considered within fifteen working days from the date of its registration.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel has the right to take a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

4. Other requirements taking into account features of rendering the state service

13. Addresses of places of rendering the state service are placed on Internet resource of the service provider – www.intellkaz.kz, the Section "State Services".

14. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of single contact center concerning rendering the state services, and also by the address by phone to the service provider.

15. Contact telephone numbers of service desks concerning rendering the state service: 8 (7172) 74 07 54, 74 09 69. Single contact center concerning rendering the state services:

1414.

Appendix 1

to the Standard of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property"

The bank details necessary for
payments of the state fee

The beneficiary – Tax Administration on Esilsky district of Tax Department on Astana MF RK Oil Company

BIN – 081240013779

IIK – KZ24070105KSN0000000

BIC – KKMFKZ 2 A

Bank of the Beneficiary – GU "Committee of Treasury of the Ministry of Finance of RK" KBE-11

The Code of Budget Classification (CBC) – 108118

Code of purpose of payment - 979 for physical persons

Code of purpose of payment - 911 for legal entities

The bank details necessary for
fees of the expert organization

Receiver:	RGP "National Institute of Intellectual Property" of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan
Address	010000, Astana, Left bank, House of the Ministries, Ulitsa Orynbor, 8, entrance of 18 V
BIN:	020940003199
Bank name:	JSC Nurbank
IIK	KZ8584905KZ006015415
BIC	NURSKZKX
KBE:	16
KNP:	859

Appendix 2

to the Standard of the state service "State Registration of the Contracts of Assignment Connected with Use of Objects of Industrial Property" RGP "National Institute of Intellectual Property" of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan

Statement
about registration of the contract of assignment for objects
industrial property

1. I ask to register the contract of assignment of the security document (security documents) specified (specified) in this statement.

2. Name (names) and number (numbers) of the security document (security documents):

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

3. Owner (Owners):

__________________________________________________________________________________________________

                              (First name, middle initial, last name (in the presence) physical or name of the legal entity)

Addresses (including the postal index and country name) and phones:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info