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

of May 29, 2015 No. 304

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

List of amending documents

According to the subitem 2) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", I ORDER:

1. Approve:

1) regulations of the state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property" according to appendix 1 to this order;

2) regulations of the state service "Registration of License, Sublicense Agreements" according to appendix 2 to this order;

3) regulations of the state service "Certification of Candidates for Patent Agents" according to appendix 3 to this order;

3-1) regulations of the state service "Issue of the Certificate of the Patent Agent" according to appendix 3-1 to this order;

4) regulations of the state service "Registration of the Trademark" according to appendix 4 to this order;

5) regulations of the state service "Right to Use Registration by the Name of the Place of Goods Origin" according to appendix 5 to this order;

6) regulations of the state service "Patent Grant on Industrial Design" according to appendix 6 to this order;

7) regulations of the state service "Patent Grant on Useful Model" according to appendix 7 to this order;

8) regulations of the state service "Patent Grant on the Invention" according to appendix 8 to this order;

9) regulations of the state service "Patent Grant on Selection Achievement" according to appendix 9 to this order.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" 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. Declare invalid:

1) the order of the Minister of Justice of the Republic of Kazakhstan of March 12, 2014 No. 103 "About approval of regulations of the state services in the field of industrial property" (No. 9312, published in information system of law of Ad_let on June 10, 2014 is registered in the Ministry of Justice of the Republic of Kazakhstan on April 11, 2014).

4. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.

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

Appendix 1

to the Order of the acting minister of justice of the Republic of Kazakhstan of May 29, 2015 No. 304

Regulations of the state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property"

Chapter 1. General provisions

1. The state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property" appears the Ministry of Justice of the Republic of Kazakhstan (further - the service provider) through the Republican state company "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan (further - the expert organization), including through the web portal of "the electronic government" www.egov.kz (further - the portal).

The state service is rendered based on the standard of the state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property" approved by the order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2015 No. 251 (it is registered in the Register of state registration of regulatory legal acts No. 11407) (further - the standard).

2. Form of the rendered state service - electronic (partially automated) and (or) paper.

3. Rendering the state service state registration of the contract with the put-down stamp with registration date and agreement number is result, of the 10th standard 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.

In case of the address on the portal - the certificate of state registration of the agreement or the motivated answer of refusal in registration of the agreement.

4. Terms of rendering the state service are specified in item 4 of the standard.

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

5. The basis for the procedure (action) of the service provider for rendering the state service is the appeal of uslugopoluchatel to the expert organization - the statement for registration of agreements on concession of the rights to the trademark and objects of industrial property (further - the statement) in form, according to appendix 2 to the standard, with appendix of document package, provided in Item 9 of the standard (further - documents):

1) registration of a statement and documents the specialist of management in accounting of correspondence and archive of the expert organization (further - office) in the automated information system "National Institute of Intellectual Property" (further - AIS "NIIS");

2) consideration of the application and documents expert of department of examination of agreements by the expert organization;

3) pronouncement of the conclusion by the expert organization;

4) decision making about registration or about refusal in registration of agreements on concession of the rights to the trademark and objects of industrial property (further - the agreement) the service provider;

5) in case of decision making about registration of the agreement - entering by the service provider of data on the agreement into the register of the registered agreements, the publication by the expert organization of data on the registered agreement in the statement, in case of decision making about refusal - the motivated answer in writing about refusal in rendering the state service;

6) direction expert organization of result of rendering the state service to uslugopoluchatel.

The scheme of receipt of the state service in case of the address to the service provider is given in appendix 1 to these regulations.

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

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

1) clerk;

2) department of examination of agreements of the expert organization;

3) the employee of Management of industrial property of Department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan.

7. The office of the expert organization adopts the statement, documents enclosed to the application, specified in Item 9 of the standard, if necessary, issues to uslugopoluchatel the notification with indication of the entering number, date and time of reception of an application and documents, and transfers within one working day the accepted documents to department of examination of agreements.

The department of examination of agreements by the expert organization within thirteen working days from receipt date of the statement and documents carries out preliminary expert examination of the arrived documents during which availability of necessary documents and observance of the requirements established to them is checked, in case of absence in the materials of the document confirming payment of conducting examination enclosed to the application, the invoice for payment is made out uslugopoluchatel. In this case the specified terms are estimated from the date of payment receipt in the expert organization.

In case of non-presentation of the document on payment in a month the statement is recognized not given.

Within fifteen working days expertize in essence during which studying of materials of the agreement by results of which the conclusion about registration of the agreement or about refusal in registration of the agreement is taken out is carried out is carried out.

Within two working days after pronouncement of the conclusion about refusal the expert organization sends this conclusion to registration of the agreement to the service provider with indication of causes of failure.

In case of positive result of examination the expert organization within five working days sends to the service provider the conclusion about lack of the bases interfering registration of the agreement.

In case of violation of requirements to document creation or availability of the bases interfering registration of the agreement, but which can be eliminated, the expert organization sends inquiry to the applicant with the offer within three-months term from the date of its sending to submit the absent or corrected documents or to make necessary changes and additions.

The service provider within five working days from the moment of receipt of the conclusion of the expert organization makes the decision on registration or on refusal in registration of the agreement and within one working day sends to the expert organization.

After decision about registration on the title page of the agreement the stamp about its registration with indication of registration date and its registration number is put down, data on the agreement are entered in the register of the registered agreements, three copies of the registered contract with the conclusion arrive in the expert organization.

The expert organization for the registered agreements sends two copies of the registered agreement to the address for correspondence specified in the statement and publishes in the bulletin of the data on the registered agreements.

In case of pronouncement by the service provider of the decision on refusal under the considered agreement together with the decision on refusal in registration return to registration of the agreement, documents the expert organization for the address specified in the statement.

The scheme of functional interaction between structural divisions is specified in appendix 2 to these regulations.

Chapter 4. The description of procedure for use of information systems in the course of rendering the state service

8. Uslugopoluchatel submits the application in electronic form through the portal of "the electronic government", the statement arrives in AIS "NIIS".

Uslugopoluchatel for receipt of the state service on the portal chooses the state service. The portal creates the first step of filing of application, automatically filling in data on uslugopoluchatel.

Uslugopoluchatel fills in the application form in electronic form, certified by the digital signature (further - the EDS) uslugopoluchatel and attaches necessary documents.

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

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