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Order of Acting Minister of Justice of the Republic of Kazakhstan No. 136 of 23 April 2010, on Certain Issues of Legal Protection of Industrial Property (as amended up to Order of the Minister of Justice No. 363 of June 30, 2015), Kazakhstan

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Latest Version in WIPO Lex
Year of Version 2015 Dates Entry into force: December 26, 2010 Adopted: April 23, 2010 Type of Text Implementing Rules/Regulations Subject Matter Patents (Inventions), Utility Models, Industrial Designs, Trademarks, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection, Enforcement of IP and Related Laws, IP Regulatory Body, Industrial Property Notes The notification by Kazakhstan to the WTO under article 63.2 of TRIPS states:
'[Order No. 136] approves the following:
-Rules on submission of application and issue of patent for selection achievement;
-Instruction on composition and consideration of application for appellation of origin and provision of right to use appellation of origin;
-Rules on recognition of trademark as well known in the Republic of Kazakhstan;
-Rules on composition, submission and consideration of application for registration, registration and issue of Certificate for layout design of integrated microcircuits.'

This consolidated Order incorporates amendments up to Order of the Minister of Justice No. 363 of June 30, 2015, which came into force on September 7, 2015. For the amendments introduced by the said Order No. 363, see the following provisions of the Annexes 1, 5, 6 to the consolidated Order:
- Annex 1: Chapters 2-6, 8, 9, 11-14 of the “Rules of filing and processing of applications for the grant of a breeding achievement patent”; and annexes 1 to 6 to these Rules.
- Annex 5: Chapters 1-6, 8 of the “Instruction for drafting, preparation and pendency of an application for registration of an appellation of origin of goods and granting of rights to use thereof”; and annexes 2, 3 to this Instruction.
- Annex 6: Chapters 1-4 of the “Rules of recognition of a trademark (service mark) as well-known in the Republic of Kazakhstan”.

The English and Russian versions of the consolidated Order are reproduced with the permission of the Republican Center of Legal Information of the Ministry of Justice of Kazakhstan from the URL http://adilet.zan.kz/rus/docs/V100006234_ and http://adilet.zan.kz/eng/docs/V100006234_ (Retrieved on May 17, 2016).


Available Texts Main text(s) Main text(s) Kazakh Өнеркәсіптік меншік объектілерін құқықтық қорғаудың кейбір мәселелері (Қазақстан Республикасы Әділет министрінің м.а. 2010 жылғы 23 сәуірдегі № 136 Бұйрығы) PDF HTML Russian Приказ и.о. Министра юстиции Республики Казахстан № 136 от 23.04.2010 г. «Некоторые вопросы правовой охраны объектов промышленной собственности» (с изменениями, внесенными Приказом Министра юстиции Республики Казахстан № 363 от 30.06.2015 г.) PDF HTML English Order of Acting Minister of Justice of the Republic of Kazakhstan No. 136 of 23 April 2010, on Certain Issues of Legal Protection of Industrial Property (as amended up to Order of the Minister of Justice No. 363 of June 30, 2015) PDF HTML
Legislation Implements (4 text(s)) Implements (4 text(s))
Law of the Republic of Kazakhstan No. 217-II of June 29, 2001, on Legal Protection of Topologies of Integrated Microcircuits (amended up to Law No. 128-VII of June 20, 2022)  (KZ156)
Law of the Republic of Kazakhstan No. 422-I of July 13, 1999, on the Protection of Selection Achievements (amended up to Law of the Republic of Kazakhstan No. 128-VII of June 20, 2022)  (KZ159)
Law of the Republic of Kazakhstan No. 427-I of July 16, 1999, on Patents (amended up to Law of the Republic of Kazakhstan No. 128-VII of June 20, 2022)  (KZ160)
Law of the Republic of Kazakhstan No. 456 of July 26, 1999, on Trademarks, Service Marks and Appellations of Origin (amended up to Law of the Republic of Kazakhstan No. 128-VII of June 20, 2022)  (KZ161)
Supersedes (1 text(s)) Supersedes (1 text(s))
Order No. 136 of April 23, 2010, of the Acting Minister of Justice of the Republic of Kazakhstan, on Certain Issues of Legal Protection of Intellectual Property(KZ024)
Is amended by (1 text(s)) Is amended by (1 text(s))
Order of the Minister of Justice of the Republic of Kazakhstan No. 89 of February 24, 2012, on Approval of the Rules on Drafting and Examination of Applications for Certain Types of Industrial Property Rights, Recording of Registration Information in the State Registers of Industrial Property of the Republic of Kazakhstan, and Issuance of Title of Protection; and on Amendments to the Order of Acting Minister of Justice of the Republic of Kazakhstan No. 136 of 23 April 2010, on Certain Issues of Legal Protection of Industrial Property (as amended up to Order of the Minister of Justice No. 364 of June 30, 2015) (KZ090)

Treaties
Historical Versions Repeals (1 text(s)) Repeals (1 text(s))
Order of the Chairman of the Intellectual Property Rights Committee of the Ministry of Justice of the Republic of Kazakhstan No. 52-OD of April 24, 2007, on Approval of the Guidelines on Drafting and Consideration of Applications for Innovation Patents and Patents for Inventions (KZ105)

WTO Document Reference
IP/N/1/KAZ/27
IP/N/1/KAZ/O/24

WIPO Lex No. KZ068