LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 7, 2015 No. 300-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning legal regulation of the sphere of intellectual property

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (General part) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8; Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13,15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143):

to add Item 2 of Article 125 with words ", except as specified, provided by legal acts of the Republic of Kazakhstan".

2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143):

1) in table of contents:

add with heading of Article 897-1 of the following content:

"Article 897-1. Registration of the agreement of the complex entrepreneurial license";

993, of 997, of 998, 999 and 1003 to state headings of Articles in the following edition:

"Article 993. Order right to patent";

"Article 997. Author's right to remuneration for the office invention, useful model, industrial design

Article 998. Action of the patent for the territories of the Republic of Kazakhstan

Article 999. Patent effective period";

"Article 1003. Responsibility for violation of the patent";

To add 2) with Article 897-1 of the following content:

"Article 897-1. Registration of the agreement of the complex entrepreneurial license

1. The agreement of the complex entrepreneurial license including conditions about transfer of complex of exclusive rights on inventions, useful models, industrial designs, selection achievements, trademarks, service marks, the topology of integral chips registered according to the legislation of the Republic of Kazakhstan is subject to registration in patent body (organization).

2. Regulations on registration of the license agreement are applied to order of registration of the agreement specified in Item 1 of this Article.";

Part the second Item 1 of Article 964 to state 3) in the following edition:

"Use of object of exclusive rights by other persons is allowed with the consent of the owner or in other cases provided by the laws of the Republic of Kazakhstan.";

The subitem 9) of Item 1 of article 972 after the word of "town planning" to add 4) with the word", design";

5) in Article 978:

in Item 2:

the paragraph one to state in the following edition:

"2. Exclusive rights of the author on use of the work mean the right to perform, permit or prohibit implementation of the following actions:";

change in Kazakh is made to the subitem 10), the text in Russian does not change;

exclude Item 3;

Item 3 of Article 986 to state 6) in the following edition:

"3. The contractor performs the rights provided by this Chapter and according to the legislation of the Republic of Kazakhstan, on condition of observance of the rights of authors of the performed work.";

7) in Article 991:

state Item 1 in the following edition:

"1. The rights to the invention, useful model and industrial design are protected by the patent.";

in Item 3 of the word "constructive accomplishment of means of production and consumer goods" shall be replaced with words "technical solution";

in Item 5:

"the innovative patent and" to exclude words;

replace the word "their" with the word "its";

in Item 6 of the word "constructive vypolneniye of means of production and consumer goods," to exclude;

8) in the text of Article 992 of the word "the innovative patent or" to exclude;

9) in heading and the text of Article 993 of the word "and on the innovative patent", "and innovative patent", "and innovative patent" to exclude;

Item 1 of Article 994 to state 10) in the following edition:

"1. The inventor, useful model, industrial design possesses copyright.";

Articles 996 and 997 to state 11) in the following edition:

"Article 996. Employee inventions, useful models, industrial designs

The right to patent on the invention, useful model, industrial design created by the worker in case of accomplishment by it of the service duties or specific task of the employer (employee inventions, useful models, industrial designs) belongs to the employer if other is not provided in the contract between them.

Article 997. Author's right to remuneration for the office invention, useful model, industrial design

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