ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2016 No. 947

About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2015 No. 251 "About approval of standards of the state services in the field of industrial property"

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2015 No. 251 "About approval of standards of the state services in the field of industrial property" (registered in the Register of state registration of regulatory legal acts for No. 11407, published in information system of law of Ad_let on August 7, 2015) the following changes:

to state Item 2 of the order in the following edition:

"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;

2) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions and the Information system of law of Ad_let, and also in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement 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.";

to state the standard of the state service "Registration of Agreements on Concession of the Rights to the Trademark and Objects of Industrial Property" in the following edition according to appendix 1 to this order;

to state the standard of the state service "Registration of License, Sublicense Agreements" in the following edition according to appendix 2 to this order;

to state the standard of the state service "Certification of Candidates for Patent Agents" in the following edition according to appendix 3 to this order;

to state the standard of the state service "Registration of the Trademark" in the following edition according to appendix 4 to this order;

to state the standard of the state service "Right to Use Registration by the Name of the Place of Goods Origin" in the following edition according to appendix 5 to this order;

to state the standard of the state service "Patent Grant on Industrial Design" in the following edition according to appendix 6 to this order;

to state the standard of the state service "Patent Grant on Useful Model" in the following edition according to appendix 7 to this order;

to state the standard of the state service "Patent Grant on the Invention" in the following edition according to appendix 8 to this order;

to state the standard of the state service "Patent Grant on Selection Achievement" in the following edition 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;

2) within ten calendar days after state registration of this order the direction of its copy of pas official publication in periodic printing editions and the Information system of law of Ad_let, and also in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement 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. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.

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

It is approved Minister of information and communications of the Republic of Kazakhstan November 7, 2016

_____________ D. Abayev

It is approved Minister of national economy of the Republic of Kazakhstan "_____" November, 2016

_____________ K. Bishimbayev

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of October 31, 2016 No. 947

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of April 30, 2015 No. 251

Standard 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" (further – the State service).

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

3. The state service appears the Ministry (further – the Service provider).

Reception of an application and issue of result of rendering the state service is performed through:

1) the Republican state company "National Institute of Intellectual Property" of the Ministry (further – the Expert organization);

2) the web portal of "the electronic government" www.egov.kz (further – the Portal).

Chapter 2. Procedure for rendering the state service

4. Term of rendering the State service:

1) from the date of receipt of the statement – within 40 (forty) working days.

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 – 30 (thirty) minutes;

3) the most allowed time of servicing – 30 (thirty) minutes.

5. Form of rendering the state service: electronic (partially automated) and (or) paper.

6. Result of rendering the state service – state registration of the contract with the put-down stamp with registration date and agreement number 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.

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.

7. The state service is rendered on paid basis to legal entities and physical persons (further – Uslugopoluchatel).

For conducting examination and the publication of data payment, in the amount of, No. 368 established according to the order of the Minister of Justice of the Republic of Kazakhstan of December 18, 2014 "About price approval for the works and services realized by 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" is levied (it is registered in the Register of state registration of regulatory legal acts No. 10045).

For registration of the agreement the state fee according to article 539 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)" in the amount of 150 percent from monthly settlement indicator is collected.

In case of submission of the electronic request for receipt of the state service through the portal, payment is performed through payment gateway of "the electronic government" (further – PShEP) or through banks of the second level.

The bank details necessary for payment of the state fee and services of the expert organization are specified in appendix 1 to this Standard.

8. Working schedule:

1) the service provider – Monday through Friday inclusive 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;

2) the expert organization – Monday through Friday inclusive 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;

3) the portal – round the clock (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of applications and issue of result of rendering the state service is performed the next working day).

The state service is rendered in turn, without making an appointment and the accelerated servicing.

9. The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) behind registration of the contract of assignment of exclusive right the trademark:

1) 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 this Standard;

2) originals of the agreement supplied with the title page and executed in the Kazakh and Russian languages in four copies. Each copy of the agreement shall be stitched, is 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 the signature of both parties or persons of both parties authorized on that is put down.

Instead of originals of the agreement notarially attested copies of the agreement can be provided;

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

4) the document confirming fee of the expert organization;

5) the document confirming payment of the state fee;

6) for national uslugopoluchatel: the decision of governing bodies of the owner of the security document or exclusive rights, general meeting of founders or shareholders concerning the conclusion of the agreement and provision of powers on agreement signature by the director.

The statement and other necessary documents are submitted in the Kazakh and Russian languages. Foreign names and names of legal entities shall be specified in the Kazakh and Russian transliteration. The documents specified in subitems 2), 3) of this Item can be submitted in foreign language on condition of simultaneous giving of their notarially zasvidetelstvenny transfer on Kazakh and Russian.

In case of the request for registration of the contract of assignment of exclusive right for the trademark, one of the parties of which the physical person or legal entity of the foreign State Party of the Singapore agreement on the laws according to trademarks of March 27, 2006 is (further – the Singapore agreement) the documents specified in subitems 2), 3) of this Item can be provided on Kazakh or Russian, their transfer on Kazakh or Russian can be certified by the notary or to the patent agent representing the applicant; instead of the documents specified in the subitem 2) of this Item four copies of notarially attested agreement extract reflecting change of the owner of the trademark can be provided; the document specified in the subitem 6) of this Item is not provided.

The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) behind registration of the contract of assignment of exclusive right for the trademark for the portal:

1) the statement in electronic form, the uslugopoluchatel certified by the digital signature;

2) the electronic copy of originals of the agreement supplied with the title page and executed in the Kazakh and Russian languages in four copies. 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 the signature of both parties or persons of both parties authorized on that is put down.

Instead of the electronic copy of originals of the agreement the electronic copy of notarially attested copy of the agreement can be provided;

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

4) the electronic copy of the document confirming fee of the expert organization;

5) the electronic copy of the document confirming payment of the state fee;

6) for national uslugopoluchatel: the electronic copy of the decision of governing bodies of the owner of the security document or exclusive rights, general meeting of founders or shareholders concerning the conclusion of the agreement and provision of powers on agreement signature by the director.

Electronic copies of the application and other necessary documents are represented in the Kazakh and Russian languages. Foreign names and names of legal entities shall be specified in the Kazakh and Russian transliteration. Electronic copies of the documents specified in subitems 2), 3) of this Item can be submitted in foreign language on condition of simultaneous submission of the electronic copy of their notarially zasvidetelstvenny transfer on Kazakh and Russian.

In case of the request for registration of the contract of assignment of exclusive right for the trademark, one of the parties of which the physical person or legal entity of the foreign State Party of the Singapore agreement electronic copies of the documents specified in subitems 2), 3) of this Item is can be provided on Kazakh or Russian, their transfer on Kazakh or Russian can be certified by the notary or to the patent agent representing the applicant; instead of the documents specified in the subitem 2) of this Item the electronic copy of notarially attested agreement extract reflecting change of the owner of the trademark can be provided; the document specified in the subitem 4) of this Item is not provided.

The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) behind registration of the contract of assignment of exclusive right for the invention, useful model, industrial design, selection achievement:

1) statement;

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