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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)

 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)

Some issues of legal protection of industrial property subject matters

Unofficial translation

Explanatory note by RCLI!

The procedures for enacting order see. p. 4.

In order to implement the Law of the Republic of Kazakhstan from July 13, 1999 "On

the protection of selection achievements", the Law of the Republic of Kazakhstan from

July 16, 1999 "Patent law", Law of the Republic of Kazakhstan from July 26, 1999 "On

trademarks, service marks and appellations of origin of goods" and the Law of the

Republic of Kazakhstan from June 29, 2001 "On the legal protection of integrated

circuits’ topographies".

I hereby ORDER:

1. to approve the attached:

1) Rules of filing and processing of applications for the grant of a selection

patent according to Annex 1 to this order;

2) loose effect by order of the Minister of Justice of the Republic of Kazakhstan

of 24.02.2012 No. 89 (the act is entered into force in ten calendar days after its first

official publication);

3) loose effect by order of the Minister of Justice of the Republic of Kazakhstan

of 24.02.2012 No. 89 (the act is entered into force in ten calendar days after its first

official publication);

4) loose effect by order of the Minister of Justice of the Republic of Kazakhstan

of 24.02.2012 No. 89 (the act is entered into force in ten calendar days after its first

official publication);

5) Instructions for filing, registration and consideration of an application for

an appellation of origin and grant the right to use the appellation of origin in

accordance with Annex 5 to the present order;

6) Rules of recognition of a trademark (service mark), well-known in the Republic

of Kazakhstan under Annex 6 to the present order;

7) deleted by order of the Minister of Justice of the Republic of Kazakhstan of

24.02.2012 No. 84 (the act is entered into force in ten calendar days after its first

official publication);

8) deleted by order of the Minister of Justice of the Republic of Kazakhstan of

24.02.2012 No. 84 (the act is entered into force in ten calendar days after its first

official publication);

9) Rules for compilation, submitting, pendency of applications for registration,

registration and issue of certificate of integrated circuit topology according to Annex

9 to the present order.

Footnote. Paragraph 1 as amended by orders of the Minister of Justice of the RK of

24.02.2012 No. 84 (the act is entered into force in ten calendar days after its first

official publication), of 24.02.2012 No. 89 (the act is entered into force in ten

calendar days after its first official publication);

2. Shall be deemed to have lost force some orders of the Chairman of the Committee

on the rights of intellectual property of the Ministry of Justice of the Republic of

Kazakhstan, in accordance with Annex 10 to the present order.

3. The Committee on the rights of intellectual property of the Ministry of Justice

of the Republic of Kazakhstan in accordance with the procedure established by Law to

ensure the State registration of the present order.

4. The present order shall come into force on the expiry of ten calendar days

after the date of its first publication.

Acting Minister of Justice

of the Republic of Kazakhstan D. Kustavletov

Annex 1

to order of the Acting Minister of Justice

of the Republic of Kazakhstan

of 23 April, 2010 No. 136

Rules of filing and processing of applications for the grant

of a selection patent

1. General provisions 1. These Rules are developed in accordance with the Law of the Republic of

Kazakhstan "On the protection of a selection achievements” (hereinafter - Law) and

define the requirements and procedure for compilation, filing and pendency of

applications for the grant of a selection achievement patent (hereinafter-Rules).

2. In the present Rules are used the following terms and concepts:

1) an author of a selection achievement (breeder) (hereinafter - author) – an

individual who has created, developed or cultivated variety, breed;

2) selection achievement – a new plant variety, a new breed of the animal,

resulting from human creativity, on which the patent is granted;;

3) State Commission - The State Commission for Testing of New Varieties of

Agricultural Plants and the State Commission on Testing and Approbation of Breeds of the

authorized body in the field of agro-industrial complex development;

4) application-an application for the grant of a patent for a selection

achievement;

5) conventional application - application filed in accordance with the

International Convention on the protection of new varieties of plants of 2 December,

1961

6) an applicant – an individual or legal entity who has applied for a selection

patent;

7) a patent owner – an individual or legal entity having the right for

achievement;

8) originator- an individual or legal entity who preserves varieties (breeds);

9) the State Register of selection achievements – the State Register of the

Republic of Kazakhstan of protected plant varieties and the State Register of the

Republic of Kazakhstan of protected animal species, which include the variety or breed

for which patents are granted;

10) authorized body is the Ministry of Justice of the Republic of Kazakhstan;

11) expert organization - an organization under the competent authority carrying

out the activity in the spheres assigned to State monopoly (services in the field of the

protection of new varieties of plants).

Footnote. Paragraph 2 as amended by orders of the Minister of Justice of the RK of

17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first

official publication).

2. Preparation and submission of application

3. Application for the grant of a selection patent, in accordance with paragraph

1 of article 5 of the Law is filed by the author of a selection achievement or his

assignee.

If a selection achievement created, developed or cultivated when performing

official tasks or duties, the application for the grant of a selection patent is

submitted by the employer unless the agreement between the author and the employer does

not provide otherwise.

4. The application should be submitted to the expert organization directly, shall

be sent by mail or in electronic form, certified by electronic digital signature.

Footnote. Paragraph 4 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

5. In accordance with paragraph 2 of article 5 of the Law individuals residing

outside of the Republic of Kazakhstan, or foreign legal entities do business to obtain

patents and keeping them in force submitted objections to the Board of Appeal and

participate in their consideration, only through patent attorneys of the Republic of

Kazakhstan registered in the authorized body, if otherwise is not regulated by an

international agreement with the Republic of Kazakhstan.

Individuals permanently residing in the Republic of Kazakhstan, but temporarily

outside the country do business associated with handling of application and obtaining a

patent, without the patent attorney if specify the address for correspondence within the

Republic of Kazakhstan.

In accordance with paragraph 3 of article 5 of the Law, an application for the

grant of a patent is issued on one selection achievement and contains:

1) the application for the grant of a patent (hereinafter referred to as the

Application);

2) a selection achievement form;

3) the Power of attorney, in the case of records management through a

representative.

Footnote. Paragraph 5 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

6. The application for the grant of a selection patent shall be accompanied by

proof of payment of the filing of the application and the document certifying the reason

to reduce its size (participants and invalids of the Great Patriotic War, people with

disabilities, studying in educational institutions, implementing educational programs of

primary, basic secondary, general secondary education, enrolled in educational

institutions that implement professional training programs of technical and vocational

education, post-secondary education, higher education, small and medium-sized

enterprises) which are provided together with the application or within two months from

the date of receipt of the application. Provided appropriate payment this period is

extended, but not more than two months.

Footnote. Paragraph 6 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

7. Application and other documents of the application shall be submitted in the

Kazakh or Russian languages. The botanical definitions shall be recorded in Latin

capital letters.

Footnote. Paragraph 7 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

8. Application for the grant of a patent shall be submitted in four copies and a

selection achievement form in triplicate.

Other documents shall be submitted in one copy.

9. The application and selection achievement form should contain information

attainment on classification of variety, breed to identify a selection achievement.

All documents are printed bold in black on strong, white, smooth, unpolished paper

on a computer or typewriter.

3. Procedure of filling application for the grant of a patent

10. Application for the grant of a patent of the Republic of Kazakhstan for a

selection achievement (hereinafter referred to as the Application) shall be in the form

as set out in annex 1 to these Rules, and is filled in compliance with the following

order:

1) if there is no possibility of information arrangement in the appropriate boxes

completely, they shall be provided in the same form on additional sheet indicating in

the appropriate box: "see. Annex to the Application" (in the corresponding column cell

"List of annexed documents” shall bear the "x" mark);

2) boxes "date of receipt", "priority", the box under code 21, located in its

upper part, intended to fill the expert organization after the receipt of the

application and are not be filled by the applicant;

3) in box, containing a request for grant of a patent, after the words "in favor

of the applicant(s)" provides information about the applicant (applicants) for whom a

patent is sought: surname, name and patronymic (if any) (hereinafter referred to as the

FULL NAME) of the individual, with surname indicated before the name, or the full

official name of the legal entity according to the document of the State registration

(copy attached), as well as information about their respective place of residence,

location, including the official name of the country and full postal address. Foreign

names and the names of legal entities shall be indicated also in transliteration in

Kazakh or Russian language. Information about residence of applicants who are authors of

a selection achievement are given in the second column of box under code 72.

For legal entities or individuals staying or residing outside the Republic of

Kazakhstan, in favor of whom the patent is sought, indicates the country code according

to standard 3 of the World Intellectual Property Organization (hereinafter referred to

as WIPO).

If there are several applicants, the information are provided for each of them;

4) boxes under codes 31, 32 and 33, containing a request for the establishment of

priority is filled when the priority of the earlier filing date in expert organization

in accordance with article 7 of the Law. Affixation of mark "x" in the corresponding

cells marks the date for claiming priority and indicates the number of the application

from which priority is claimed, the date of priority claimed (filing date), the country

of filing, the application phase and under which name registered a selection

achievement.

Stage of pendency of application indicated by code:

A - application be pending;

B - application is refused;

C - application is revoked;

D – application is satisfied, patent is granted.

Applicant states that the material passed with the first application represents

the variety (breed) and corresponds to the present application;

5) in the box "Genus, specie" is specified the full name of the genus and

species, for accurate identification of varieties, breeds on taxonomic affiliation and

of production use.

This box indicates the Latin name of the taxonomic unit (genus, species,

subspecies);

6) in the box “Proposed name” provides the name of a selection achievement.

Selection achievement of foreign selection indicates its original name in the

language of the applicant and transcription in Kazakh or Russian language. Transcription

of the name of the foreign selection achievement is offered by the applicant;

7) in the box "Selection number" specified selection number assigned on the

stages of selection;

8) in the box "Selection achievement derived from country" is provided in full

country name of a selection achievement as well as its code in accordance with the

standard 3 of WIPO;

9) in the box "Whether variety (breed) was proposed for sale or sold”, if the

variety was sold or offered for sale in the Republic of Kazakhstan, the appropriate box

shall be noted by sign "x" and indicated the first date and name under which the

products are sold or offered for sale.

If variety (breed) are not sold or offered for sale to note the appropriate box

with the sign "x".

Information about the sale or offer for sale in other countries are provided as

similarly listed above, and adds the country;

10) in the box "Address for correspondence" shall be provided address for

correspondence, telephone number. As the address for correspondence specified the

address of the applicant’s residence place (or one of the applicants)-an individual

residing in the Republic of Kazakhstan, or location address of the representative of the

applicant (s), or other address in the territory of the Republic of Kazakhstan;

11) in the box under code 74 shall be provided information on representative of

the applicant (s), including patent attorney (patent attorneys). In the case of the

appointment of a patent attorney prior to filing shall be indicated his surname, name

and patronymic, the registration number in the authorized body, address, telephone

number, fax number (if available). In the case of a designated representative shall be

specified surname, name and patronymic of an individual and name for a legal entity,

address (location) in the Republic of Kazakhstan, telephone number, fax number. If there

are several applicants and the application is not filed through a patent attorney, one

of the applicants is chosen as a representative;

12) the box "List of annexed documents" is filed by mark "x" in the appropriate

cells and specifying the number of copies and sheets in each counterpart of the attached

documents. For attached documents which do not provided by the application form ("other

document") shall be stated their purpose.

13) in the box "Base for the right to apply for and be granted a patent (without

submission of document), by putting the sign "x" marks the appropriate reason (s) for

applying and granting a patent. The specified box is filed in cases where a patent is

sought in favor of the applicant (s), except where the applicant is the author, or if

there are several applicants, their stuff is identical to the stuff of the authors;

14) in the box under code 72 shall be provided information about the author

(authors): Full name, full postal address of the place of residence, for foreign

citizens shall be indicated country code according standard 3 of WIPO;

15) in the box to the right of the box under code 72, shall be provided the

author's signature and the date when the author is an applicant.

In the case of the death of the author prior to the filing of the application

shall bear the signature of the heir and the date. It is not required to submit official

documents proving the right to inheritance at the stage of filing;

16) the box located directly below the box with the code 72 is filled when the

author requests not to mention him as such when publishing application materials and

patent. In this case, shall be provided surname, name and patronymic (if any) of each of

the authors who do not wish to be mentioned when published, and their signature.

Filling the last box "Signature" of the application showing the date is necessary

in cases where the applicant is a person other than the author. On behalf of the legal

entity the application shall be signed by the Head of an organization or other person

authorized by constituent documents of legal entity, indicating his post, his signature

de under the seal of the legal entity (if available). If there are several applicants,

the application shall be signed by each of the applicants.

When applying through a patent attorney patent attorney shall sign the

application.

Signatures in the application shall be decrypted with the names and initials of

the signer;

each additional sheet (annex to the application), where you can see any

information relating to the application shall be signed in the order listed above.

In the application and the annex thereto are not allowed alterations and erasures.

In the event of such defects is requested properly filled application or an annex

thereto.

Footnote. Paragraph 10 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

4. The structure of the variety (breed) form

11. Variety (breed) form contains:

the name of the genus and species (in Kazakh and Russian languages and Latin);

the proposed name of a selection achievement and selection number;

origin of a selection achievement indicating the method of creation and the

original (parent) form;

details of the maintenance and reproduction of a selection achievement;

signs of a selection achievement, characterizing the distinctive features;

names of a similar selection achievements and the grounds on which the requested

selection achievement differs from similar;

special conditions for testing of a selection achievement for distinctness,

uniformity and stability (if available).

Footnote. Paragraph 11 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

12. Variety (breed) form shall be signed by the applicant (s) in the order of the

subparagraphs 19) and 20) of paragraph 10 of this Rules.

The form shall be attached with table of signs of selection achievements for

relevant genera and species, where the applicant describes the variety of plants or

breed of animals according to the degree and index of signs’ intensity.

5. Power of Attorney

13. Power of Attorney meets the following requirements:

1) The Power of attorney issued by the applicant (an individual) to an individual

shall be notarial certified. Power of attorney on behalf of an legal entity shall be

issued under the signature of the first head or other person and under the seal of the

legal entity (if any);

2) the power of attorney should specify precise indication of assigned activities

that can make representative on behalf of the principal;

3) the power of attorney specifies the place of issue;

4) the power of Attorney is issued for a period not exceeding three years. If the

power of attorney is specified a longer period, it is valid for three years, and if

there is no validity period - for one year from date of issue. The period of validity of

the power of attorney issued outside the Republic of Kazakhstan without specifying the

term of its validity is determined by the law of the country where the power of attorney

was issued;

5) power of attorney issued by individuals residing outside of the Republic of

Kazakhstan, or by foreign legal entities, may be issued only in favor of the individual

registered in the authorized body as a patent attorney;

6) the power of attorney may be issued in favor of several patent attorneys

registered in the authorized body, thus representation may be implemented by any one of

them. If their actions contradict each other, the applicant shall be reported about it

and acts shall be suspended until the approval by the applicant;

7) an individual in whose favor the power of Attorney was issued, personally

carries out those activities for which he was authorized. Substitution is possible only

in the case of such power of attorney issued to him;

8) the power of attorney is terminated due to:

the expiry of the power of attorney;

implementation of action not covered by power of attorney;

cancellation of power of attorney by the person who gave it;

the refusal of the person to whom the power of attorney was given;

liquidation of a legal entity on behalf of which the power of attorney was given;

liquidation of a legal entity in favor of whom the power of attorney was given;

the death of the person who gave the power of attorney, declaration of him as

incapable, partially incapacitated, or missing;

death of a person for whom the power of attorney was given, declaration of him as

incapable, partially incapacitated, or missing.

Footnote. Paragraph 13 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

14. With the termination of a power of attorney becomes invalid delegation of

power of attorney.

Person issued a power of attorney in case of cancellation immediately inform

authorized body and expert organization about this.

Footnote. Paragraph 14 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

6. Conducting of affairs to obtain a selection patent

15. Correspondence is conducted by the applicant or his representative, on each

application individually.

Documents sent after filing, contain its number and signature of the applicant or

his representative. If the applicant is a legal entity, documents on its behalf shall be

signed in accordance with the procedure referred to in subparagraph 19) and 20) of

paragraph 10 of this Rules.

Documents sent during processing of application shall be submitted within the time

limits prescribed by the Law and these Rules.

Processing is conducted in Kazakh or Russian language.

Documents submitted with paperwork irregularities that prevent their reading, are

not considered. The person submitting such documents shall be sent corresponding

notification.

Original application materials transmitted by facsimile machine shall be submitted

within one month from the date of their receipt along with a covering letter that

identifies materials received earlier. The date of receipt of materials is considered to

be the date of their receipt by fax. If the original material received on the expiration

of monthly term or material received by fax, not identical to the originals submitted,

then materials are considered to be received on the date of receipt of the originals,

and the contents of the received fax materials in future shall not be taken into

account. Prior to the submission of originals materials relating to applications

submitted by fax shall be considered as not received. If any application materials

received by fax, or part of them not readable or not received, relevant materials shall

be deemed received on the date of receipt of the originals. Materials are considered to

be received on the date of receipt of the fax at withdrawal by the applicant of

unreadable parts.

Footnote. Paragraph 15 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

16. In accordance with parts 2-5 of paragraph 1 of article 8 of the Law, the

applicant’s right to make a further specifications in the documents of the application

within two months from the date of its filing.

The applicant can make amendments and clarifications to the application documents

without changing the essence of a selection achievement before a decision on that

application.

When making these changes within two months of the date of receipt of the

application fee will not be charged.

Changes concerning the applicant's instructions when the assignment of the right

to receive title of protection or change the name of the applicant, as well as

correcting errors in application documents of a technical nature, carried out before the

date of making the information about the registered selection achievement in the State

Register of selection achievements of the Republic of Kazakhstan, subject to the

appropriate payment.

Additional documents available for the application on the variety, breed and

containing signs that were not listed in the primary application materials and modifying

the essence of the claimed variety, breed are not taken into account when considering

the application.

Footnote. Paragraph 16 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

17. Change of stuff of the authors is the inclusion in or exclusion from the

author's stuff, specified in the application:

1) changes in the stuff of the authors shall be made by filing a new application

in the expert organization in two copies, in accordance with Chapter 3 of these Rules;

2) simultaneously with the new application is filed in duplicate a petition

request for appropriate changes in the stuff of the authors in any form with indication

of the number and the filing date. The petition shall be signed by the applicant, in the

manner prescribed by subparagraphs 18) and 19) of paragraph 10 of this Rules and, in the

case of exclusion from the authors’ stuff agreed with excluded author whose signature

must be notarized (only for authors on national applications and authors of applications

filed in accordance with the international treaties). The consent of the excluded author

can be issued by separate letter stating the number and date of registration of the

application;

3) in the case of inclusion in the authors’ stuff to the date of filing of the new

application it is impossible to get the signature of the author, specified in the

previously filed statement, then to the petition shall be attached written consent

executed in the following order:

in case of the death of the author, or declare him dead consent for changes on

his behalf shall be signed by a heir who provide a notarized copy of the certificate of

inheritance;

in case of author's departure outside the Republic of Kazakhstan consent to the

amendment on his behalf shall be signed by the authorized person who submit a document

proving such right.

Such a document is a power of attorney with a precise indication of the action

assigned in favor of a patent attorney of the Republic of Kazakhstan or a power of

attorney granted to another person, legalized in consular office of the Republic of

Kazakhstan, except where legalization is not required by virtue of the international

treaties of the Republic of Kazakhstan or on condition of reciprocity;

in the absence of information on the location of the author and the inability to

get them, he is recognized by the Court as missing in accordance with article 28 of the

Civil Code of the Republic of Kazakhstan and the party concerned submits a copy of the

Court's decision to declare the author as missing person, which takes into account when

deciding on the merits;

in recognition of the author as incompetent or of partially incapacitated, consent

to the amendment on his behalf signs a guardian or trustee, with submission of copies of

court decision on guardianship or curatorship;

4) citizens residing outside the Republic of Kazakhstan and foreign legal entities

submit documents on amending the stuff of authors through patent attorneys of the

Republic of Kazakhstan, with a power of attorney issued in favor of the patent agent,

provides instruction to perform the specified actions;

5) if there are no documents listed in subparagraphs 1) -4) of this paragraph,

and (or) the documents submitted did not meet the requirements of these subparagraphs,

the applicant shall be notified with the proposal of within a period of three months

from the date of the notice to submit the missing or corrected documents.

In the event of non-submission of requested documents a new application is

considered unfiled and making changes are not made, and the applicant will be notified.

Footnote. Paragraph 17 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

18. The change of stuff of the applicants is a partial change in the stuff of the

applicants by inclusion of the additional person in the stuff, or exclusion from stuff

of applicants previously specified in the application:

1) changes in the stuff of the applicants shall be made by filing a new

application to the expert organization in two copies, in accordance with Chapter 2 of

this Rules not later than two months from the filing date. When submitting a new

application with the changes in the stuff of the applicants authors’ signatures on the

new application is not necessary.

2) simultaneously with the new application is filed in duplicate the petition for

making the relevant changes in the stuff of applicants in any form with indication of

the number and date of registration of the application. The petition must be signed by

the applicant (s) (listed) in the original application for the grant of a patent, in the

manner prescribed by subparagraphs 18) and 19) of paragraph 10 of this Rules. Signature

of an excluded applicant of an individual must be notarized (only for applicants of

national applications and related persons in accordance with international treaties);

3) when replacing the dead applicant specified in the application, by the legal

heir it is sufficient signature only specified heir under the petition with providing a

notarized copy of the certificate of inheritance;

4) when changes in the stuff of the applicants as a result of reorganization of a

legal entity, a petition and a new application signs his successor with submission of

the document confirming the succession on the rights (extract from the separation

balance sheet or assignment deed);

5) when changes are due to the liquidation of a legal entity the petition and a

new application signs the person to whom the corresponding rights is transferred, with

submission of the document confirming the fact of the transfer of rights;

6) citizens residing outside the Republic of Kazakhstan and foreign legal entities

submits documents for changes in the stuff of the applicants through patent attorneys of

the Republic of Kazakhstan, with a power of attorney issued in favor of the patent agent

provides instruction to perform the specified actions;

7) when non-submission of the documents listed in this paragraph, and (or) the

documents submitted did not meet the requirements of subparagraphs of this paragraph,

the applicant shall be notified of the submission of missing documents and (or) removal

of defects within a period of three months from the date of notification.

In the event of non-submission of requested documents a new application is

considered unfiled and making changes are not made, and the applicant will be notified.

Footnote. Paragraph 18 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

7. Calculation of periods of time

19. Deadlines for committing procedural acts for obtaining a patent shall specify

the period of time within which an action could be committed.

If the term is expressed by the phrase "within (no later than) (before

expiration)… from the date... ", its calculation starts from the day following the

specified date. Term calculated in months shall expire on the corresponding date of the

last month of the period. If the last day of the period falls on a holiday, the day of

the expiration is considered to be the first next working day. If the deadline falls on

a month without corresponding date, term expires on the last day of that month.

20. The documents submitted to communication providers on the last day of the

period shall be deemed to be send in due time.

8. Pendency of application and issuance of patent

21. If the application contains a request for the grant of a patent and a

selection achievement form on the State or Russian language, they recorded by an expert

organization with date of their receipt and registration number.

The applicant shall be notified about the fact of receipt of application

documents, within five days by sending to the applicant a single copy of the application

with details, made by the expert organization (registration number and the date of

receipt).

22. All outgoing correspondence is sent only to one address, in this case: If the

"Address for correspondence" box of the application contains address for correspondence

other than the address of the applicant or one of the applicants, if there are several,

or address of the representative of the applicant (s), the correspondence is sent to

that address in favor of the applicant or, if there are several applicants, in favor of

the applicant the first specified in the application, provided that not all the

applicants reside or stay in the territory of the Republic of Kazakhstan, in favor of

the specified first applicant who resides in the Republic of Kazakhstan;

If the box "Address for correspondence" of the application is not filled, the

correspondence is sent to the address and tin favor of the applicant or, if there are

several applicants, in favor of the first applicant or applicant who resides in the

Republic of Kazakhstan, if not all the applicants reside or stay in the territory of the

Republic of Kazakhstan.

Registered application documents are non-refundable.

Footnote. Paragraph 22 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

23. Registered application documents will be checked on availability of the

document confirming the payment of the filing. In the absence of such a document and a

document certifying the existence of grounds for a reduction of its amount or in the

case of payment in the amount of less established, the applicant shall be notified of

the need to submit absent (missing) document (s) and (or) document about payment to a

fixed size which may be submitted within two months from the date of receipt of the

application or provided appropriate payment at a later date, not exceeding two months.

The applicant shall also be notified that in case of failure to submit these

documents on payment within the prescribed period and in the prescribed amount, the

application shall be recognized as not having been filed.

24. When patenting abroad of a selection achievement (when the application is

filed in an expert organization) at the applicant's request the expert organization

produces a certified copy of the first application.

25. Preliminary examination of the application takes place on the expiry of two

months from the date of its submission to the expert organization.

Preliminary examination of the application shall be conducted within two months.

When conducting a preliminary examination of the application is checked:

the availability of documents that should be contained in the application or

attached thereto (par. 5 of this Rules);

compliance with the payment of the prescribed size according to the current

legislation of the Republic of Kazakhstan;

compliance to requirements to the application documents (chapters 3, 4 and 5 of

this Rules);

compliance with the procedure of applying to the cases provided in paragraph 2 of

article 5 of the Law, including the availability and correctness of registration of the

power of attorney, certifying the authority of the representative;

observance of lawfulness and order requesting in the application of an earlier

priority date than the filing date.

26. The priority of variety, breed in accordance with paragraph 1 of article 7 of

the Law is established on the date of filing of application in the expert organization.

Priority can be established in accordance with paragraph 2 of article 7 of the

Law on the date of filing of the first application in a member country of the

International Convention on Protection of New Varieties of Plants (Convention priority).

27. When claiming Convention's priority in accordance with paragraph 2 of article

7 of the Law shall be checked:

have the person (persons) indicated in the application, the right for the

Convention's application;

compliance by the applicant with the time limit for claiming Convention priority

(when applying);

availability and compliance with the deadline for the submission of a certified

copy of the first application submitted simultaneously with the application or within

three months from the date of filing in the expert organization and its translation into

the State or Russian language;

use the applicant the right of Convention priority of first application within 12

months from the date of its filing.

If these conditions are met, additional documentation and necessary material for

testing within three years from the date of filing of the first application is not

required.

In case of failure to meet at least one of the conditions, the priority of

variety, breed is established on the date of filing the application in the expert

organization.

28. Additional documents available for the application and containing the signs

that were not listed in the initial documents of the application and modifying the

essence of the declared variety, breed, are not taken into account when pendency of the

application, whereof the applicant shall be notified about.

29. Validation of the proposed name of a selection achievement is made by the

State commissions. Conclusion of the State Commission on the results of check of the

names passed in the expert organization.

30. If during the preliminary examination of the application is established that

the name of a selection achievement does not conform requirements and (or) application

is registered with violation of the requirements of its documents, the applicant shall

be sent a request with the detected deficiencies and proposing to provide a new name of

a selection achievement and (or) missing or corrected documents within two months from

the date of its dispatch.

9. The decision on refusal or further pendency of application 31. In case of failure to respond to the request of the preliminary examination

within two months, as well as not matching the application to the requirements of

chapters 3, 4 and 5 of this Rules, the expert organization issues expert opinion about

the negative result of the preliminary examination of an application for the grant of a

selection patent in form according to annex 2 to this Rules, on the basis of which the

authorized authority within ten working days, decide on the refusal of further pendency

of the application and sends to the expert organization. Expert organization within one

month from receipt of the decision, shall notify the applicant.

The decision of the Board of appeal may be appealed against in court within six

months from the date of receipt of the decision.

Footnote. Paragraph 31 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

32. If as a result of the preliminary examination, it is established that the

application meets the requirements, the expert organization issues expert opinion on the

positive result of preliminary examination in form, in accordance with annex 3 to this

Rules, on the basis of which the authorized authority within ten working days, shall

decide on the further pendency of the application and sends to the expert organization.

Expert organization within 10 working days from receipt of the decision, shall

notify the applicant about the positive result of the preliminary examination,

establishing the filing date, the priority of a selection achievement, on transfer of

materials of the application in the State commission for conducting patentability

examination, and reports on the need to send the required materials to test for

distinctness, uniformity and stability.

Footnote. Paragraph 32 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

10. Publication of application data

33. Publication of the application data for which preliminary examination

decision on further pendency was made, is produced after 18 month from the date of

receipt of the application in accordance with paragraph 6 of article 8 of the Law. At

the request of the applicant, filed on form SD-2 in accordance with annex 4 to this

Rules, the information on the application may be published before the specified

deadline:

1) when publishing information on application expert organization publishes in the

State and Russian languages the following information:

number and filing date of the application;

number, filing date and country code in accordance with the standard on the basis

of which the selection achievement priority is established, if on application priority

date is earlier than the date of filing the application with the expert organization;

the name of the author (s), if last not withdrawn to be mentioned as such;

the name or title of the applicant;

code (s) of the country of residence of the author (s) and place of residence

(location) of the applicant in accordance with the standard (ST. 3 WIPO);

the name of a selection achievement;

2) author’s refusal to be mentioned as such in the published information is taken

into account when publishing this information, if it was received before the completion

of the technical preparations for publication. The specified refusal can be withdrawn by

the author in the same period.

11. Decision to grant the patent 34. If as a result of the examination, carried out by the State commissions (The

State Commission for Testing of New Varieties of Agricultural Plants and the State

Commission on Testing and Approbation of Breeds), found that the claimed selection

achievement conform to patentability conditions defined in article 4 of the Law, the

State commissions constitute a conclusion describing varieties, breeds and sent in an

expert organization an opinion in triplicate, a description of the variety or the breed

in two copies. Expert organization shall send one copy of the conclusion of the State

commission to the authorized body for decision. Authorized body in accordance with

paragraph 4 of article 10 of the Law within ten working days, shall decide on the grant

of a patent and sends it to the expert organization. Expert organization, within ten

working days, shall notify the applicant about the decision.

Footnote. Paragraph 34 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

34-1. Within three months from the date of notification of the applicant by the

authorized body of the decision to grant the patent, applicant submits an expert

organization document confirming payment for the appropriate preparation to the grant of

a patent and publication, as well as the payment of the State fee. In case of failure to

submit of the above-mentioned documents payment term can be restored within three

months, subject to the submission of a document about payment of missed time recovery,

otherwise the application is considered revoked, the processing of the application is

stopped, as the applicant shall be notified within 10 working days from the date of

expiry of the period of recovery.

Footnote. Chapter 11 is completed with paragraph 34-1 in accordance with the order

of the Minister of Justice of the Republic of Kazakhstan of 30.06.2015 (the act is

entered into force in ten calendar days after its first official publication).

12. Decision on refusal to grant a patent

35. When the State Commission establishing nonconformity of the declared

selection achievement to one of the conditions of patentability, the Commission shall

make a conclusion in triplicate with justification for reasons of nonconformity, and

sends to the expert organization. Expert organization shall send one copy of the

conclusions of the State commission to the authorized body for decision.

Footnote. Paragraph 35 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act i entered into force in ten calendar days after its first

official publication).

36. The authorized body in accordance with paragraph 5 of article 10 of the Law,

within ten working days, shall take a decision on refusal to grant the patent with the

relevant studies and directs it to the expert organization. Expert organization, within

ten working days, shall notify the applicant about the decision.

Footnote. Paragraph 36 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

37. In accordance with paragraph 6 of article 10 of the Law, the applicant may

request copies of documents from the authorized body opposing by expertise. Copies of

documents are sent within one month from the date of receipt of the request of the

applicant.

13. The grant of a patent and registration in the State

Register of selection achievements

38. On the basis of the decision on the grant of a patent and the confirmation of

payment for (preparations for the issuance of title of protection, issue of

certification of the author, the publication of the particulars of the grant) and

payment of the State fee, a selection achievement shall be registered in the State

Register of New Varieties of Plants (hereinafter referred to as the State register) with

the assignment of the appropriate number.

In the State Register of New Varieties of Plants makes the following entries:

(19) code or other means identifying the Department or organization to complete a

publication;

(12) the verbal designation of the document type;

(11) number of the patent;

(54) genus, species of plant, animal, the name of the variety, breed;

(73) name or title of a patent owner and address with country code of residence or

place of stay in accordance with the WIPO standard 3;

(72) name of the author (s) and country code of his (their) place of residence in

accordance with the WIPO standard 3;

(21) the registration number of the application;

(22) date of filing of the application on which the patent was issued;

(31) number of the application from which priority is claimed, (32) the filing

date of the application from which priority is claimed, and (33) country code for filing

the first application in accordance with the WIPO standard 3, on the basis of which is

established the selection achievement’s priority, if on application priority date is

earlier than the date of filing the application with the expert organization;

fact of transfer of the patent to another person, indicating his name and address,

and the date of registration of the contract, the date of its publication in the

Bulletin;

information about exclusive, open and compulsory licenses;

date of termination of validity of a patent, stating the reasons and the date of

publication of information on termination;

renewal date of validity of the patent and the date of publication of the

information about the extension;

information on the patent attorney;

author's refusal to mention as such in published information take into account in

the publication of such information, if it was received before the completion of the

technical preparations for publication. The specified refusal can be revoked by the

author in the same period;

other information about changes to the entry in the State register.

The expert organization publishes in the Bulletin information on the grant of a

patent, as well as subsequent changes to the legal status of a patent.

Footnote. Paragraph 38 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

39. On the basis of the decision of the authorized body shall be issued a

selection patent.

Patent filled in Kazakh and Russian languages.

A patent shall contain:

(19) code or other means identifying the Department or organization to complete a

publication; (12) the verbal designation of the type of document;

(11) number of the patent;

(54) genus, species of plant, animal, the name of the variety, breed;

(73) name or title of a patent owner and address with country code of residence or

place of stay in accordance with the WIPO standard 3;

(72) name of the author (s) and country code of his (their) place of residence in

accordance with the WIPO standard 3;

(21) the registration number of the application;

(22) date of filing of the application on which the patent was issued;

(31) number of the application from which priority is claimed, (32) the filing

date of the application from which priority is claimed, and (33) country code for filing

the first application in accordance with the WIPO standard 3, on the basis of which is

established the selection achievement’s priority, if on application priority date is

earlier than the date of filing the application with the expert organization;

Footnote. Paragraph 39 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

40. A patent shall be issued simultaneously with the publication in the Bulletin

of information about his issue.

If there are several persons in favor if whom the patent is sought, in accordance

with article 13 of Law are issued one patent

41. The author of a selection achievement, not a patent owner is issued a

certificate confirming his authorship.

42. A patent and certificates of the authors are sent to him by registered post

to the registered address of the patent owner or the address of the representative in

accordance with power of attorney issued to him, or any other address specifically

stipulated by the applicant for the patent sending.

In the event of a change of address, the applicant immediately before the grant

of a patent shall notify the expert organization on the change of address of residence

or location (legal address).

Footnote. Paragraph 42 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

43. Upon delivery of the patent to the patent owner, shall be provided an

identity document for an individual or a power of attorney from the legal entity to

receive a patent. Patents and authors' certificates to the patent for foreign patent

owners are directed to patent attorney of the Republic of Kazakhstan.

If an application for the grant of a patent filed jointly by several persons

residing or situated in the territory of the Republic of Kazakhstan, the patent and the

authors’ certificates shall be send to the patent owner, specified first.

If an application for the grant of a patent filed jointly by several persons, not

all of which live or reside in the territory of the Republic of Kazakhstan, the patent

and the authors’ certificates shall be send to the patent owner, residing or situated in

the territory of the Republic of Kazakhstan, specified first.

Chapter 13-1. Restoration of validity of a selection patent Footnote. Rules completed by chapter 13-1 in accordance with the order of the

Minister of Justice of the Republic of Kazakhstan of 30.06.2015 No. 363 (the act is

entered into force in ten calendar days after its first official publication).

43-1. Validity of a selection patent, terminated in accordance with subp. 2 of

par. 2 of art. 22 of the Law are restored on request (Annex 6) of the patent owner.

43-2. The petition is filed within three years from the date of expiry of the

period of payment for patent keeping in force when submitting a document about payment

of a patent recovery but before the expiry the term of the patent, in accordance with

the Law.

The petition shall be signed by the patent owner (if the patent owner is a group

of individuals, the petition shall be signed by all the persons) or a patent attorney,

or other representative acting under a power of attorney.

On behalf of the legal entity the petition shall be signed by the head of an

organization or other person, duly authorized with indicating of the post.

43-3. The petition shall be accompanied by:

a document confirming the payment for the preparation of the documents for the

restoration of a patent and publication;

a document confirming the payment for the maintenance of the missing year of the

patent validity;

power of attorney (if the application is filed by a representative) or a copy of

a power of attorney (if the petition is made through a patent attorney);

43-4. The expert organization not later than two months from the date of filing of

the application for restoration shall publish in the Bulletin information on the

restoration of the patent validity. Date of publication is the date of the patent

restoration. The patent owner or his representative shall be sent the application on the

restoration of the patent validity.

Chapter 13-2. Selection patent term extension

Footnote. Rules completed by chapter 13-2 in accordance with the order of the

Minister of Justice of the Republic of Kazakhstan of 30.06.2015 No. 363 (the act is

entered into force in ten calendar days after its first official publication).

43-5. Petition for extension of a selection patent term (hereinafter - petition)

send in the expert organization during the last year of its validity subject to maintain

it in force (for varieties of plants - 25 years of the validity of the patent, for breed

animals - 30 years of the validity of the patent, for grapes, woody ornamental, fruit

and forest plants, including their rootstocks, over-35 year of validity of the patent).

43-6. For conducting of the affairs of a selection patent term extension patent

owner authorizes a patent attorney of the Republic of Kazakhstan (hereinafter patent

attorney) or a representative, with giving him power of attorney.

43-7. The petition shall be in the form as set out in Annex 5 to this Rules in the

Kazakh or Russian languages. The petition shall be signed by the patent owner (if the

patent owner is a group of individuals, the petition shall be signed by all the persons)

or a patent agent, or other representative acting under a power of attorney.

On behalf of the legal entity the petition shall be signed by the head of an

organization or other person authorized to do so.

43-8. The petition shall be accompanied by proof of the appropriate fee for

selection patent term extension and publication information about the extension.

43-9. Petition and documents attached thereto shall be considered within one month

from the date of their admission to the expert organization. The deadline for the

pendency of the petition and the annexed documents faxed is calculated from the date of

receipt of their originals.

43-10. Upon non-availability or incorrect registration of any of the required

documents, as well as when it is necessary to get additional documents and explanations

from the patent owner, on the address for correspondence, indicated in the petition is

directed a request with the proposal, within two months from the date of the request to

submit the missing and/or corrected documents.

43-11. Thus the term of pendency of the application, shall be calculated from the

date of receipt of the last of the missing and/or corrected documents.

43-12. If, within the prescribed period all necessary well-formed documents are

not submitted, the period of validity of a selection patent shall not be extended, as

shall be notified to the person who filed the petition.

43-13. In the case of selection patent term extension, “Annex to the Patent”

shall be send to the person submitting the petition, with the record on the extension of

the selection patent for 10 years.

Information on the extension of the selection patent shall be entered in the

State Register of New Varieties of Plant of the Republic of Kazakhstan and shall be

published in “Industrial property" official bulletin.

43-14. In the event of failure to pay the annual fee for keeping a selection

patent in force, extension of the patent validity shall cease to have effect, and the

Annex is terminated.

Chapter 14. Final provisions

Footnote. Chapter 14 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

44. In accordance with article 3-2 of the Law for actions of the expert

organization, including accepting applications for patents, their registration,

examination of new varieties and other acts which give rise to rights and obligations

for their participants, the expert organization charge under paragraph 3 of art. 146 of

the Law of the Republic of Kazakhstan "On State property".

Annex 1

to the Rules of

filing and processing of

application for grant

of a selection patent

Footnote. Annex 1 as amended by order of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

Form

Date of receipt (21) registration No. (22) Date of

filing Priority

Application

for the grant of a patent

of the Republic of Kazakhstan

for a selection achievement

"National Institute of Intellectual

Property” of the Ministry of Justice

of the Republic of Kazakhstan,

010000 Astana, Left bank, House

of Ministries, Orynbor st., 8,

entrance No.1

Providing the following documents, please grant a patent of

the Republic of Kazakhstan for a selection achievement in favor

of the applicant (s)

(71) Applicant (s):

(Specify the full name or title and domicile or location of

residence

Data on authors-applicants place of residence are given in box

with code 97)

Country code

according to WIPO

Standard ST. 3

(if any)

To be filled only where priority date earlier than the date of receipt of application

in RSE NIIP

Please set priority of a selection achievement according to:

the first application filing date in a member country of the International

Convention

(para. 2 of art. 7 of the Law)

receipt of the application for admission for use in the State commission

(para. 2 of art. 4 of the Law)

Number of the

first application

or an application

for admission to

use

Date of

priority

claimed

Country code (ST.

3 WIPO)

Stage of the

application

pendency

The name under which

a selection

achievement

registered

I (we) declare that the material passed with the first application, represents the

variety (breed) and corresponds to the present application.

Genus, species ______________________________________________________

(name on the State or Russian language)

_____________________________________________________________________

(Latin name)

The proposed name Selection number

A selection achievement developed in country

(countries)___________________________________ Whether variety (breed) have been

offered for sale or sold:

In the country of application filing: No Yes, for the first time _____

called __________

(date)

In other countries: No Yes, for the first time

__________________________________

(country, date)

under the name _____________________________________________________

Address for correspondence (full mailing address and the addressee's name)

Telephone: Mobile. Fax:

(74) Patent attorney (full name, registration number) or a representative of the

applicant (s)

(full name or title)

List of annexed documents Number of sheets in

1 copy Number of copies Base for the right to

apply for and be

granted a patent

(without submission

of document):

the applicant

is an employer and

the conditions of p.

1 of art. 5 of the

Law are observed

assignment of

the right of the

Annex to application

selection

achievement form

photos

negatives or color

slides

information about

previously made sale

employer or his

successor

assignment of

the right of the

author or his

assignee

the right of

inheritance

document confirming

the payment for the filing

document evidencing

the grounds to reduce the

size of the payment

a copy of the first

application (where claimed

Convention priority)

translation of the

application into the State

or Russian language

power of attorney,

certifying the authority

of the patent attorney or

representative

any other document

(to be specified)

(72) Author (s) (specify full

name)

(97) Full postal address,

including the name of the country

and its code in WIPO Standard ST.

3, if any

Signature (s) of the

author (s) -

applicant (s) and/or

author (s), assigned

right to obtain

patent, date

I (we) ______________________________________________________________

ask not to mention me (us) as the author(s) when publishing the application materials

Signature (s) of the author (s)

I (we) declare, that to the best of my (our) knowledge and belief information needed to

process application and amended to this application and annexes, is final and valid.

I (we) certify that samples obtained properly and are a representative sample of a

selection

achievement.

Signature

Signature (s) of the applicant (s) or patent attorney, date of signature (when signing

on behalf of the legal entity, the signature of the head shall be sealed)

Annex 2

to the Rules of

filing and processing of

application for grant

of a selection patent

Footnote. Annex 2 as amended by order of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

Form

Approve

Director of RSE NIIP

________________

_____ ______ 20___

Please refer to application No. __

in correspondence

(74)

Expert opinion

on the negative result of the preliminary examination

of an application for the grant of a selection patent

(plant variety) or (animal breed) (21) Application No. ___

(22) Date of filing _____

(71) Applicant (s)

(72) Author (s)

(54) Name of a selection achievement

As a result of the preliminary examination of the application materials for a selection

achievement is established not compliance with the requirements of art. 5 and 6 of the

Law of the Republic of Kazakhstan "On the selection achievements protection", namely:

Expert ____________________ (Full name) (if any)

(signature)

Head of Department _______________ (Full name) (if any)

(signature)

Annex 3

to the Rules of

filing and processing of

application for the grant

of a selection patent

Footnote. Annex 3 as amended by order of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

Form

Please refer to application No. __

in correspondence

(74)

Expert opinion

on the positive result of the preliminary examination

of an application for the grant of a selection patent

(plant variety) or (animal breed) (21) Application No. ___

(22) Filing date_________

PRIORITY SET ON

(22) date of filing of the application

date of filing of the first application in a member country of the International

Convention for the Protection of New Plant Varieties:

(31) number of the (32) Filing date (33) Code of

first application of the first application the country

of the first

application

(71) Applicant (s)

(72) Author (s)

(54) Name of a selection achievement

As a result of the preliminary examination of the application materials for a selection

achievement is established compliance with the requirements of art. 5 and 6 of the Law

of the Republic of Kazakhstan "On the selection achievements protection".

The application shall be further examined, and information about it published in the

Bulletin.

Expert ____________________ (Full name) (if any)

(signature)

Head of Department _______________ (Full name) (if any)

(signature)

Annex 4

to the Rules of

filing and processing of

application for the grant

of a selection patent

Footnote. Annex 4 as amended by order of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

Form

To "National Institute of intellectual property” RSE

of the Ministry of Justice of the Republic of Kazakhstan,

010000, Astana, Left bank, House of Ministries ,

Orynbor str., 8, entrance No. 1

Petition

for early publication of the data on application

for the grant of a selection patent In accordance with paragraph 6 of article 8 of the Law "On the protection of

selection achievements" ask to perform in the bulletin of the Expert organization

publish of information on an application for the grant of a selection patent

on application No. ____________________________________________

(registration number and the filing date)

_____________________________________________________________________

(name of a selection achievement)

before the time prescribed by Law.

Applicant (s) _ _________________________________

(full name or title) (signature)

L.S.

Annex 5

to the Rules of

filing and processing of

application for the grant

of a selection patent

Footnote. Annex 5 as amended by order of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

Form

To "National Institute of intellectual property” RSE

of the Ministry of Justice of the Republic of Kazakhstan,

010000, Astana, Left bank, House of Ministries,

Orynbor str., 8, entrance No. 1

Petition

for extension of validity

of a selection patent In accordance with paragraph 5 of article 3 of the Law "On the protection of

selection achievements" ask to extend the period of validity of the selection patent

No. _________________________________________________________________

(patent number)

_____________________________________________________________________

(name of a selection achievement)

on __________________________________________________________________

Note:

document confirming the payment for the publication of information on the

extension of patent

document confirming the payment for keeping patent in force for ___________(year)

(in accordance with subparagraph 3 of paragraph 5 of article 14 of the Law)

Patent owner __________________

(signature)

(L.S.)

Annex 6

to the Rules of

filing and processing of

application for the grant

of a selection patent

Footnote. Annex 6 as amended by order of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

Form

Petition

for restoration of the validity

of a selection patent In accordance with paragraph 1 of article 21-1 of the Law "On the protection of

selection achievements" ask to restore the validity of the selection patent (plant

variety or animal breed)

No.__________________________________________________________________

(patent number)

_____________________________________________________________________

(name of a selection achievement)

on __________________________________________________________________

Payment term for keeping the patent in force was omitted for the following

legitimate reasons Application: a document certifying payment of the restoration of the

validity of the selection patent.

Patent owner __________________

(signature)

(L.S.)

Annex 2

to the order of the acting

Minister of Justice

of the Republic of Kazakhstan

of 23 April, 2010 No. 136

Instruction for drafting, execution and pendency of an

application for the grant of an innovation patent

or invention patent Footnote. Application 2 loose effect by order of the Minister of Justice of the

Republic of Kazakhstan of 24.02.2012 No. 89 (the act is entered into force in ten

calendar days after its first official publication).

Annex 3

to the order of the acting

Minister of Justice

of the Republic of Kazakhstan

of 23 April, 2010 No. 136

Instruction for drafting, execution and pendency of an

application for the grant of an utility model patent

Footnote. Application 3 loose effect by order of the Minister of Justice of the

Republic of Kazakhstan of 24.02.2012 No. 89 (the act is entered into force in ten

calendar days after its first official publication).

Annex 4

to the order of the acting

Minister of Justice

of the Republic of Kazakhstan

of 23 April 23, 2010 No. 136

Instruction for drafting, execution and pendency of an

application for registration of a trademark, service mark

Footnote. Application 4 loose effect by order of the Minister of Justice of the

Republic of Kazakhstan of 24.02.2012 No. 89 (the act is entered into force in ten

calendar days after its first official publication).

Annex 5

to the order of the acting

Minister of Justice

of the Republic of Kazakhstan

of 23 April 23, 2010 No. 136

Instructions for drafting, execution and pendency

of an application for an appellation of origin and

grant the right to use the appellation of origin of goods

1. General provisions 1. This Instruction is designed in accordance with the Law of the Republic of

Kazakhstan "On Trademarks, Service Marks and Appellation of Origin of Goods (hereinafter

referred to as the Law) and details the procedure for drafting applications for

registration and (or) granting the right to use the appellation of origin of goods,

procedure for its drafting and review, as well as the procedure for the registration of

the appellation of origin and (or) the right to use the appellation of origin.

Footnote. Paragraph 1 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

2. In this Instruction used the following concepts:

1) a geographical indication is an indication which identifies a product

originating from a territory, region or locality;

2) World Intellectual Property Organization (hereinafter referred to as WIPO) is

an international organization providing and regulating international policies and

cooperation in the field of intellectual property;

3) the applicant is an individual or legal entity who submitted the application

for registration of the appellation of origin and grant the right to use the appellation

of origin;

4) expert organization-an organization under the competent authority carrying out

the activity in the spheres assigned to the State monopoly (provision of services in the

area of trademarks, service marks, appellations of origin);

5) International Classification of Goods and Services (hereinafter referred to as

ICGS)-classification adopted by the Nice Agreement of June 15, 1957 with subsequent

amendments and additions;

6) appellation of origin of goods – description which is either a containing the

name of a country, region, community, locality or other geographical indications, as

well as specifying derived from this name and became known as a result of its use in

relation to goods, special properties, quality, reputation or other characteristics

which are mainly attributable to its geographical origin, including typical

environmental conditions and/or human factors;

7) authorized State body (hereinafter referred to as the authorized body)-the

Ministry of Justice of the Republic of Kazakhstan.

Footnote. Paragraph 2 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

2. Preparation and drafting of the application for

an appellation of origin 3. The exclusive right to use the appellation of origin shall be granted to

individuals or legal entities engaged in entrepreneurial activities that produce in the

geographical object goods which special properties are exclusively or primarily

associated with geographic environment, including environmental conditions and/or human

factors.

4. Application for registration of an appellation of origin of the goods and (or)

granting the right to use an appellation of origin of the goods (hereinafter referred to

as the application) shall be sent by mail or facsimile to the expert organization.

If the application is transmitted by facsimile, it must be confirmed by the

original on paper no later than one month from the date of receipt by fax. Subject to

this provision the date of receipt of the application will be deemed to be the date of

receipt by fax. If the application documents were received in the expert organization on

expiry or contain information which differ from the presented by fax, the documents

shall be considered received on the date of receipt of their originals.

Footnote. Paragraph 4 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

5. The application should be submitted in the Kazakh or Russian language. If the

documents attached to the application submitted in another language, they should be

accompanied by a translation into the State or Russian language. The translation is

submitted not later than one month from the date of receipt of the application.

Footnote. Paragraph 5 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

6. The application shall be submitted in triplicate.

3. Application requirements

7. The application shall relate to one appellation of origin of the goods and

contain:

1) request for an examination of the name and (or) granting the right to use the

appellation of origin of goods with an indication of the applicant (s), as well as his

(their) residence or domicile;

2) declared designation;

3) type of goods;

4) description of the specific properties of the goods;

5) specify the place of manufacture of the product (the boundaries of geographic

object).

In the absence of the above information in the application, the expert

organization shall notify the applicant of the refusal in acceptance to pendency.

Footnote. Paragraph 7 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

8. The application shall be accompanied by:

1) for applicants from the Republic of Kazakhstan:

the opinion of the competent authorities to the effect that the applicant is in

the specified geographical object and produces goods which specific properties are

associated with characteristic environmental conditions and/or human factors of the

geographical object;

the actual location of the producer and his production in this geographical

object is confirmed by the opinion of the competent authority;

a copy of the certificate of registration of legal entities and individual

entrepreneurs, if an application has been filed by an individual;

2) for a foreign applicant:

as proof of the right of a foreign applicant to use the claimed appellation of

origin in the country of origin may be submitted the certificate of registration in the

country of origin, issued by the competent authority of the country of origin of the

goods, in the original or as certified copy;

3) the power of Attorney, in the case of records management through a

representative;

4) a document confirming the payment of services of the expert organization.

All these documents must be submitted not later than two months from the date of

receipt of the application.

When failure to submit the requested documents within specified time limits, the

application is deemed not to have been filed and records management on it is not

restored as the applicant shall be notified in writing.

Documents that do not contain the application number will be returned without

pendency.

9. The application is submitted on the letterhead on the NM-1 form according to

the annex to the present Instruction.

Boxes, located above the word "application", filled with expert organization.

If any information cannot be placed fully in the appropriate boxes, they must be

provided in same form on an additional sheet.

10. Boxes of the applications filled in accordance with the WIPO codes.

In the box of the application under code 711 specifies the full name of the legal

entity, in accordance with the document of the State registration or surname, name and

patronymic (if any) of an individual.

Country code specified in WIPO Standard ST. 3.

In the box of an application following the box under code 711 specifies the full

mailing address of the applicant (the location of legal entity or individual's place of

residence), as well as a telephone number, telex and fax numbers.

In the box of the application under code 750 shall be indicated address for

correspondence, name, surname, patronymic (if any) or the name of the addressee. As the

correspondence address may be indicated the address of the representative on the

territory of the Republic of Kazakhstan.

In the box of the application under code of 740, which is applicable in the case

where the applicant has appointed a representative, including a patent attorney,

provides information about it: surname, first name, patronymic (if any).

Footnote. Paragraph 10 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

11. In the box of the application under the code 540 indicated alleged

designation, including the name of the geographical object or a combination of the name

with a specific designation of the goods.

Species (generic) product designation is not subject to independent legal

protection.

As appellations of origin can be registered modern or historical, formal or

informal, full or abbreviated name of a country, region, locality, community or other

geographical object as well as the symbol derived from this name.

Alleged symbol can additionally contain an indication of the species (generic)

item designation, which is not subject to independent legal protection.

Declared designation may be registered as an appellation of origin only when it

is used to denote goods, special properties of which solely or primarily defined by

characteristic of the geographical object’s environmental conditions or human factors or

environmental conditions and human factors at the same time.

Footnote. Paragraph 11 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

12. Not registered as appellations of origin designations:

1) which constitute or contain geographical indications capable of misleading

regarding the place of production of the goods;

2) formally indicating a true place of production of the goods, but giving the

mistaken impression that this product comes with another territory;

3) containing geographical indications that are not related to the place of

manufacture of the goods, and came in the Republic of Kazakhstan in general use as

designations of goods of known species.

13. When specifying a type of goods in respect of which appellation of origin is

claimed shall be used the terminology corresponding to ICGS. While the applicant stated

really produced goods, special properties of which are obtained through (solely or

primarily) environmental conditions and/or human factors of geography.

14. The description contains the properties of the goods in respect of which

registered the name of geographic object that distinguish this product from similar

products from other regions. The description should reflect an objective dependence of

the specific properties of the goods from the area-specific environmental conditions

and/or human factors.

The description should be informative, in particular, indicate the presence of

initial raw material of this geographical object, corresponding to climatic, geological

or other environmental conditions, people (stuff), capable to manufacture goods in the

traditional way.

Footnote. Paragraph 14 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

15. In the box of the application “Place of origin (manufacture) of goods"

provides information on the limits of the geographical object, the name of which is

declared as an appellation of origin, as well as information about the actual place of

production of the goods. The border area must be defined accurately and clearly.

Footnote. Paragraph 15 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

16. When completing the box "List of annexed documents" put an "X" in the

corresponding rows and specify the number of copies and sheets in each copy of the

attached documents. For attached documents, type of which is not provided in the

application, specify their purpose in the "Other documents".

17. The completion of box of the application "Signature" with the indication of

the date of the signature is obligatory in all cases.

On behalf of the legal entity application shall be signed by the head of the

organization or a person duly authorized by the charter documents, with an indication of

its position and sealed.

On behalf of the individual entrepreneur application form shall be signed by the

applicant.

Upon filing the application through a patent attorney shall be signed by the

patent agent.

The signature is decrypted with indication of the surname and initials of the

signer.

If the application has additional sheets they signed in the same manner.

4. Conduct of business on application

18. Amendment of the application changes, additions and corrections without

changing its essence and increase of the protection sought is made at the written

request of the applicant, submitted prior to the completion of the examination from the

filing date.

Changes, additions and corrections, changing the application on the merits is not

possible.

Footnote. Paragraph 18 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

19. Corrections in the application are made at the request of the applicant.

20. Extension of the response time to the request made during the examination, by

the expert organization is carried out at the request of the applicant, submitted no

later than the deadline for submission of the response. The maximum extension of the

response time for a request is six months.

21. A time limit for the response to the request, filing of the objection, as

well as providing documents of payment for registration of the appellation of origin and

(or) granting the right to use the appellation of origin and publish of information

about registration missed by the applicant, may be restored at the request of the

applicant submitted no later than two months from the date of expiration of the missed

time limit.

Footnote. Paragraph 21 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

22. In accordance with paragraph 1 of article 13 of the Law recall of the

application can be made at the request of the applicant at any stage of the examination.

On request, recognized to be recalled are not made legally significant actions.

5. Examination

23. Examination is carried out within six months from the filing date. During the

examination is carried out analysis for compliance of the claimed designation with the

requirements of articles 26 and 27 of the Law, validated content of the applications,

availability of the required documents and their compliance with the requirements set

out in this Instruction.

24. According to the results of examination the authorized body make a decisions

on the registration of the appellation of origin and (or) granting the right to use

them, or the decision on the refusal to register the appellation of origin and (or)

granting the right to use them.

25. In the course of the examination are checked:

conformity of the declared designation with the requirements provided for in

articles 26, 27 and 29 of the Law.

conformity of description of the custom property of product with data contained

in the State register of appellations of origin of goods of the Republic of Kazakhstan

(hereinafter referred to as the State Register), if the claimed designation is already

registered as an appellation of origin;

the existence of a geographical object, the name of which is declared as an

appellation of origin on the date of filing of the application;

conformity of declared designations with official modern name of geographic

object or its official historic name;

availability of information verifying a presence of geographical object, the name

of which is declared as an appellation of origin, just in the area, the boundaries of

which are indicated in the application.

If the name of the geographical object has lost its original ability to specify

place of the actual origin of the good and its special properties, it is regarded as a

geographical name that is not associated with the place of manufacture of the goods of a

certain kind.

Footnote. Paragraph 25 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

26. Check of the contents of the competent authorities’ opinions is to establish

the existence of evidence conforming:

existence of the applicant in the locality, the name of which declares as an

appellation of origin;

production by the applicant of the goods specified in the application, on the

territory of the locality, the name of which declares as an appellation of origin;

availability at the goods produced by the applicant of special properties defined

solely by and (or) mainly specific environmental conditions and/or human factors of

geographical object specified in the application.

Footnote. Paragraph 26 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

27. If the State register has a registration of the appellation of origin,

identical to the declared, then the expert organization conducts a comparative analysis

of the properties of the goods in respect of which the claimed appellation of origin and

properties specified in the State register.

In case of inconsistency between quality and/or other characteristics of the

goods in respect of which geographical name is claimed, to the good with the

characteristics of the object which name is entered in the State register, declared

designation is refused registration and (or) granting the right to use the appellation

of origin of the goods.

Footnote. Paragraph 27 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

28. Upon detection of breaches during examination of requirements for preparation

of application and documents attached to the application set by the present Instruction,

the applicant is sent a request with indication of breaches and requesting the missing

or corrected information and/or documents within three months from the date of the

request to the applicant.

29. The grounds for the request are:

lack of or incomplete information about the payment for examination;

incomplete payment;

lack of or improper registration of the power of attorney issued for the

representative;

clarification of declared designation;

clarification of the type of goods for which registration is sought, and (or) the

provision of the right to use the appellation of origin;

clarification of the place of manufacture of the goods for which registration is

sought, and (or) the provision of the right to use the appellation of origin;

clarification of the description of the specific properties of the goods

specified in the application;

clarification of information contained in the opinion of the competent authority

referred to in paragraph 8 of the present Instruction, including evidence of the

presence in the product of special properties and their sustained dependence on

environmental conditions and/or human factors specific for the object specified in the

application.

6. The decision on registration and (or) granting the right

to use the appellation of origin 30. On the basis of expert opinions the authorized body make decisions on the

registration of an appellation of origin of the goods and (or) granting the right to use

them.

31. In compliance of a declared designation and other application materials and

documents annexed thereto to the requirements established by the present Instruction,

the authorized body decides on the registration of the appellation of origin and

granting the right to use them.

32. In the event that there is available registration of the appellation of origin

in the State register and in compliance of application materials to the requirements

established by the present Instruction, including the requirements of paragraph 8 of the

present Instruction, shall be make a decision on granting the right to use already

registered appellation of origin.

33. The decision on registration and (or) granting the right to use the

appellation of origin provides the following information:

designation registered as an appellation of origin of the goods in respect of

which is granted the right to use;

information about the person to whom provided the right to use the appellation of

origin;

date of receipt of application;

type of goods;

description of the specific properties of the product, which is registered and

(or) provided the right to use the appellation of origin;

place of origin (manufacture) of the good (borders of geographic object).

Footnote. Paragraph 33 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

7. The decision on refusal of registration and (or)

granting the right to use the appellation of origin

34. If as the result of the expertise of declared designation found that the

claimed designation does not meets at least one of the requirements established by the

articles 27 and 29 of the Law, or the application and accompanying documents are made

with breach of the requirements of the present Instruction, the authorized body shall

refuse the registration of the appellation of origin and granting the right to use them.

35. The decision on refusal of registration and (or) granting the right to use the

appellation of origin provides the reasons of refusal of registration.

36. The applicant within three months from the date of the decision to refuse

registration on the basis of paragraph 2 of article 31 of the Law submits to the expert

organization motivated objection requesting a review of decision of the examination.

37. In case of disagreement with the repeatedly made decision of the examination

the applicant submits an objection in the manner provided for in paragraph 5 of article

12 of the Law.

8. Registration of the appellation of origin and grant the

right to use the appellation of origin

38. On the basis of the decision on registration, as well as a document confirming

payment of the State fee for registration and (or) granting the right to use the

appellation of origin of the goods and payment for services of expert organization for

registering and publishing information about the registration of the appellation of

origin and (or) granting the right to use by the expert organization shall be registered

appellation of origin of the goods and (or) the right to use the appellation of origin

in the State register by assigning it a sequence number (hereinafter referred to as

"registration number) and indicating the date of recording of the information

(hereinafter registration date).

Footnote. Paragraph 38 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

39. After the registration of the appellation of origin and (or) the right to use

the appellation of origin, the applicant is sent a notification on registration in the

State register.

Footnote. Paragraph 39 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

40. Extract from the State Register of appellations of origin (hereinafter

referred to as Extract) confirms the fact of registration of the appellation of origin

and the exclusive right of the owner to use it in respect of the goods specified in the

State Register of appellations of origin.

Extract is provided according to the Annexes no. 2, no. 3 of the present

Instruction.

Footnote. Paragraph 40 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

41. The State register shall contain the appellation of origin of goods, number

and date of registration of the appellation of origin, the description of the specific

properties of the product, information about all owners of the right to use the

appellation of origin indicating their location, as well as the number and date of

filing and all subsequent changes of the specified information.

Footnote. Paragraph 41 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

42. Concerning subsequent changes relating to the registration, after their entry

in the State register, the authorized body shall issue an Appendix to the Certificate,

which is an integral part of the certificate. The Certificate also filled in the Kazakh

and Russian languages.

43. Information relating to the registration and (or) the provision of the right

to use the appellation of origin, shall be published in the bulletin.

44. In accordance with article 45 of the Law for implementation by the expert

organization of actions under this Law, including the acceptance of applications for

trademark registration, applications for registration and granting the right to use the

appellation of origin of the goods, examination and other actions which give rise to

rights and obligations for their participants, the expert organization charge according

to article 40 of the Law of the Republic of Kazakhstan "On the State Enterprise".

Annex

to the Instructions on drafting, preparation

and pendency of an application

for an appellation of origin of goods

and grant the right to use the

appellation of origin of goods

Footnote. Paragraph as amended by orders of the Minister of Justice of the RK of

17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first

official publication).

Form HM-1

Date of receipt (220) Date of

filing (210) Application No.

Application

for registration and/or

provision of the right to use

the appellation of origin

To the Republican State Enterprise

"National Institute of Intellectual Property”

of the Ministry of Justice of the Republic of

Kazakhstan

Astana, 010000, Left bank,

House of Ministries,

35 st., h.8, entrance № 18

Submitting the following documents please register designation specified in the

application as an appellation of origin of good and grant the right to use them

(711) Applicant Country code according to

WIPO Standard ST. 3 (if any)

(Full name of the legal entity or individual, information on the State registration or

full name, if the applicant is an individual).

The full address of the applicant

Telephone: Fax:

(750) Address for correspondence (full mailing address, the addressee's name)

Telephone: fax:

(740) Patent attorney (name, registration number) or other representative of the

applicant

(540) The claimed designation (print in block letters)

Type of goods or a particular goods

Description of the specific properties of the goods

Place of origin (manufacture) of the goods (with an indication of the boundaries of

geographic object)

List of

attached

documents

Quantity of sheets in 1

copy Quantity of copies

proof of

payment:

account/payment

order No.

dated _ _

opinion

of the

competent

authority

translation of

documents into

the State and

Russian

languages

power of

attorney

other

documents

(specify)

including

marked in p.

all sheets

Signature

Post (Full name)

L.S.

Date

Applicant’s signature (stamped, if the applicant is a legal

entity) or a patent attorney and date

Annex 2

to the Instructions on drafting, preparation

and pendency of an application

for an appellation of origin of goods

and grant the right to use the

appellation of origin of goods

Footnote. Instruction is supplemented by Annex 2, in accordance with the order of

the Minister of Justice of the RK of 30.06.2015 No. 363 (the act is entered into force

in ten calendar days after its first official publication).

ABSTRACT FROM THE STATE REGISTER OF AN APPELLATION

OF ORIGIN OF GOODS OF THE REPUBLIC OF KAZAKHSTAN

MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

(111) Registration number (210) Number of application

(151) Date of registration (220) Application filling date

(450) Date of publication (181) Registration validity term

(540) Claimed designation

(730) Title and location of owner of an appellation of origin of goods

Type of goods with indication of its manufacturing place:

Changes in the State register

Annex 3

to the Instructions on drafting, preparation

and pendency of an application

for an appellation of origin of goods

and grant the right to use the

appellation of origin of goods

Footnote. Instruction is supplemented by Annex 3, in accordance with the order of

the Minister of Justice of the RK of 30.06.2015 No. 363 (the act is entered into force

in ten calendar days after its first official publication).

ABSTRACT FROM THE STATE REGISTER OF AN APPELLATION

OF ORIGIN OF GOODS OF THE REPUBLIC OF KAZAKHSTAN

MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

(111) Registration number (210) Number of application

(151) Date of registration (220) Application filling date

(450) Date of publication (181) Registration validity term

(540) Claimed designation

(730) Title and location of owner of an appellation of origin of goods

Type of goods with indication of its manufacturing place:

Changes in the State register

Annex 6

to the order of the Acting

Minister of Justice

of the Republic of Kazakhstan

of 23 April, 2010 No. 36

Rules of recognition of a trademark (service mark)

as well-known in the Republic of Kazakhstan

1. General provisions 1. These Rules of recognition of a trademark (service mark) as well-known in the

Republic of Kazakhstan are developed in accordance with subparagraph 2-1) of paragraph 2

of article 3 of the Law of the Republic of Kazakhstan "On Trademarks, Service Marks and

Appellations of Origin of Goods" from July 26, 1999 (hereinafter Law) and establish the

procedure for the recognition of trademark, service mark (hereinafter referred to as the

trademark) as well-known in the Republic of Kazakhstan by virtue of articles 6 bis and

10 bis of the Paris Convention for the Protection of Industrial Property dated March 20,

1883 (hereinafter-the Paris Convention).

2. For the purposes of these Rules of recognition of a trademark (service mark)

as well-known in the Republic of Kazakhstan in the Republic of Kazakhstan as well-known

trademark recognized trademark, registered on the territory of the Republic of

Kazakhstan or protected under international treaties, as well as the symbol used as a

trademark without its legal protection in the Republic of Kazakhstan, but have acquired

as a result of the extensive use of widely known in the Republic of Kazakhstan.

Footnote. Paragraph 2 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

3. The authorized body for the recognition of trademark as well-known is the

Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the

authorized body).

Footnote. Paragraph 3 as amended by orders of the Minister of Justice of the RK of

17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first

official publication).

2. An application for recognition of a trademark as well known

4. On the application of an individual or legal entity, as well-known trademark

in the Republic of Kazakhstan recognized trademark, registered on the territory of the

Republic of Kazakhstan or protected under international treaties, as well as the symbol

used as a trademark without its legal protection in the Republic of Kazakhstan, but have

acquired as a result of the extensive use of the widely known in the Republic of

Kazakhstan.

5. The application shall relate to one trademark and contain:

a declaration of acceptance of the mark as well-known;

the name or title of the trademark owner;

the address of his place of residence or location;

address for correspondence;

data on the legal protection of the trademark, including in the Republic of

Kazakhstan;

specifying the date from which, in the applicant’s view, the mark has become

well-known;

the image of the trademark;

the list of goods and services in respect of which, according to the applicant,

the mark has become well known.

6. The application shall be accompanied by:

1) information evidencing the trademark publicity;

2) trademark image of 8 x 8 cm format (next-see) in five copies;

3) the power of attorney, in the case of filing through a representative;

4) a document certifying payment of the State fee.

A document certifying payment of the State fee is provided to the competent

authority prior to the issuance of a certificate on a well-known trademark (service

mark).

In the case of non-submission of the application for extension of the deadline

for submission of documents established by paragraphs 5 and 6 of this Rules, records

management shall be stopped and the application shall be considered withdrawn.

7. Information on the de facto recognition of a trademark as well-known confirmed

by the results of a survey of consumers, which is made by a specialized independent

organization on the territory of the Republic of Kazakhstan. The survey covers the city

of the Republican significance, capital and at least five cities of oblast subordinance.

Total number of respondents in the same locality shall be not less than one hundred

people.

The survey is conducted among relevant groups of consumers. For consumer goods

survey is conducted among "typical" users (on the grounds of sex, age, education, social

and material status), as well as among professionals of relevant industries and trade.

For products of industrial and technical purpose survey is conducted among specialists

of production, trade or other business, which are consumers of products of this type.

During the consumer survey should be obtained data on does a consumer know trademark,

where and when consumers known this trademark, the goods for which the trademark is used

and whether he is a consumer of these goods.

In addition to the survey results, information confirming the well-known status of

a trademark are: data on the intensive use of the trademark on the territory of the

Republic of Kazakhstan (coverage of specific territories, terms of use);

how to use the trademark;

volume of sales of goods with the trademark and marketing channels;

annual average number of consumers of the goods with the trademark;

price of the trademark;

about the intensity of the trademark’s advertising (in the media, at exhibitions,

trade fairs) and the cost of advertising in accordance with the annual financial

statements;

degree of initial or acquired distinctiveness of the mark (marks with initially

weak distinctive capacity may acquire a high degree of distinctiveness as a result of a

long and intensive use);

use of the same or a similar mark by third parties, the nature and extent of such

use;

number of licensees, producers, distributors, importers, sellers;

degree of notoriety of a trademark-local, regional, in neighboring states, world;

vailability of trademark registrations abroad;

other information.

Footnote. Paragraph 7 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

8. The image of the trademark shall be suitable to reproduce. As the image of the

trademark the label is submitted. If the image is three-dimensional (3D), shall be

provided an image of general appearance, as well as image of other necessary

projections, giving an exhaustive representation about it. The image provided in the

color or color combination, in which publicity is claimed on well-known of the

trademark.

3. Examination of the application and publication

of data about it 9. Within two months from the filing date the authorized body checks for necessary

documents stipulated by the legislation of the Republic of Kazakhstan, notify the

applicant of acceptance of the application to pendency and publish information on the

Web site for review and possible direction of disagreements by third parties to the

authorized body.

Three months after the date of publication in the Bulletin, the application and

accompanying materials, confirming the well-known status of the mark shall be reviewed

by the authorized body. After this deadline the authorized body within three months is

reviewing the application.

The applicant has the right to make corrections, additions and clarifications to

the application materials before the end of its pendency.

If there is disagreement by a third party applicant shall be sent a notification,

respond on which the applicant submits before an opinion based on the results of the

pendency of the application.

Footnote. Paragraph 9 as amended by orders of the Minister of Justice of the RK of

30.06.2015 No. 363 (the act is entered into force in ten calendar days after its first

official publication).

10. Based on the results of the examination of the application by the Commission

of the authorized body issued a decision on recognition of a trademark as well-known or

the decision to refuse such recognition, which is sent to the owner of the trademark

within 10 working days from the date of adoption of this decision.

The decision to refuse recognition of trademark as well-known is made, if it is

established that:

1) the information is not sufficient for the recognition of trademark as well-

known;

2) a trademark identical or similar to the applicant's trademark, protected or

designated in favor of other person in relation to similar goods with earlier priority

than the date on which the applicant seeks to recognize his trademark as well-known.

Decision on recognition of a trademark as well-known contains:

registration number of the well-known trademark;

the date on which the mark was recognized as well known;

the image of the the well-known trademark;

the name or the title of its owner, his location or place of residence;

the list of goods and services for which the trademark is recognized as well

known.

The decision of the authorized body’s commission can be appealed before the

courts.

Footnote. Paragraph 10 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

4. Registration of well-known in the Republic of Kazakhstan

trademarks in the State register and publication

of information about them 11. Based on the recognition of designations or of a trademark as well known in

the State Register of trademarks of the Republic of Kazakhstan (hereinafter referred to

as the State Register) is amended the relevant details.

Footnote. Paragraph 11 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

12. Information on registration of the well-known trademark, its owner and

subsequent modifications, concerning such registration shall be entered in the State

register and published in the bulletin.

Footnote. Paragraph 12 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

13. The legal protection of well-known trademarks shall terminate:

1) in connection with the expiry of the registration;

2) in connection with the entry into force of the decision of the Court on

cancellation of the decision of the authorized body’s commission on recognition of a

trademark as well-known.

Footnote. Paragraph 13 as amended by orders of the Minister of Justice of the RK

of 30.06.2015 No. 363 (the act is entered into force in ten calendar days after its

first official publication).

Annex

to the Rules of recognition

of a trademark (service mark)

as well-known

Footnote. Paragraph as amended by orders of the Minister of Justice of the RK of

17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first

official publication).

ОТЗ-1 (Well-known Trademark)

(191) MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

(121)

CERTIFICATE

OF RECOGNITION OF A TRADEMARK AS WELL-KNOWN (111) No _

(730) Name and location of the owner of the trademark:

(511) ICGS classes

(151) Was registered in the State register of well-known trademarks

(152) Date of acceptance of the trademark as well-known

(181) Date of expiry of the certificate

Certificate applies to the whole territory of the Republic of Kazakhstan

Deputy Minister of Justice

of the Republic of Kazakhstan

Full name ___________________________________________________________

Information on amendments are provided on separate sheet in the form of an annex

to this certificate

(510) List of goods and/or services:

(591) Specifying of colors:

Annex 7

to the order of Acting

Minister of Justice

f the Republic of Kazakhstan

of 23 April, 2010 No. 136

Instruction on registration of license, sub-license agreements

on the use of industrial property subject matters

Footnote. Annex 7 removed by order of the Minister of Justice of the Republic of

Kazakhstan of 24.02.2012 No. 84 (the act is entered into force in ten calendar days

after its first official publication).

Annex 8

to the order of Acting

Minister of Justice

of the Republic of Kazakhstan

of 23 April, 2010 No. 136

Instruction on registration of agreement on the assignment of

the exclusive right for industrial property subject matters

Footnote. Annex 8 removed by order of the Minister of Justice of the Republic of

Kazakhstan of 24.02.2012 No. 84 (the act is entered into force in ten calendar days

after its first official publication).

Annex 9

to the order of Acting

Minister of Justice

of the Republic of Kazakhstan

of 23 April, 2010 No. 136

Rules on the preparation and registration of the application

for registration, registration and issue of certificate of

integrated circuit topologies

1. General provisions

1. These Rules are developed in accordance with the Law of the Republic of

Kazakhstan "On the legal protection of an integrated circuits topology (hereinafter -

Law) and determine the order of drafting, filing and processing of an application for

registration of an integrated circuit topology, registration and issuance of

certificates on the topology.

2. In these Rules are used the following terms and concepts:

1) Bulletin is the official periodical publication on the protection of integrated

circuits topology;

2) application-application for registration of an integrated circuit topology;

3) integrated circuit - microelectronic product of the final or intermediate form

intended to perform electronic circuitry functions, the elements and connections of

which inseparably formed in body and (or) on the surface of the material from which the

product is made;

4) patent attorneys - citizens of the Republic of Kazakhstan, which has been

granted in accordance with the law the right of representation of individuals and legal

entities before the authorized body;

5) topology of an integrated circuit (hereinafter referred to as the topology) is

fixed on a tangible medium spatial and geometric arrangement of the elements of an

integrated circuit and connections between them;

6) authorized body is the Ministry of Justice of the Republic of Kazakhstan.

Footnote. Paragraph 2 as amended by orders of the Minister of Justice of the RK of

17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first

official publication).

2. Preparation and submission of application

3. In accordance with paragraph 1 of article 11 of the Law, the author of

topology or other rightholder submits an application (hereinafter referred to as the

applicant).

The author of topology submits an application for the registration and obtaining

the certificate of registration of topology in the following cases:

If the topology is not created in order to perform the duties or specific tasks

of the employer;

If the topology is created in execution of duties or specific tasks of the

employer, but the contract between the author and the employer establishes the right of

the author to obtain a certificate of registration.

Confirmation of the right to apply by any document is not required.

4. An application may be filed within a period not exceeding two years from the

date of first use of topology, if it occurred.

An application should be submitted to the competent authority directly or sent by

mail.

5. An application may be filed by the applicant directly or through

representatives, including through a patent attorney registered in the authorized body.

The powers of the representative are confirmed by a power of attorney.

6. In accordance with paragraph 3 of article 11 of the Law, the application shall

relate to one topology and contain:

1) application for the registration of a topology with the indication of the

author (s) and a person (or persons) in favor of who registration is sought, as well as

their place of residence or location, the date of the first use of topology, if it took

place;

2) materials identifying the topology, including the summary;

3) the power of attorney, if the application for registration is filed through a

representative.

7. Application for registration of a topology that is used for commercial purposes

prior to the date of its receipt in the authorized body shall additionally contain proof

of the date of first use this topology for commercial purposes.

8. Application for registration of a topology is submitted in the State or Russian

language. Other documents of applications are submitted in the State language, Russian

or another language. If other application documents submitted in another language, it

shall be accompanied by a translation into the State or Russian language. The

translation must be submitted together with the application or within two months from

the date of receipt of the application containing the documents in another language, to

the competent authority.

9. Application for registration of a topology shall be submitted in triplicate,

materials, identifying the topology, including the summary and their translation to the

State or Russian language, shall be submitted in two copies.

Other application documents are submitted in one copy.

10. All documents are processed in such a way as to be a direct reproduction.

Each sheet is used with only one side with the location of lines parallel to the

lower side of the sheet.

11. Documents of the application shall be typed on strong, white, smooth, opaque,

combined paper.

12. Each document of the application begins on a separate sheet. Sheets have the

format of 210 x 297 mm. The minimum margins of the sheets (mm):

top-20,

right and bottom-20,

left -25.

The minimum margins of the sheets containing drawings (mm):

top and left – 25,

right -15,

bottom-10.

Format of folded sheets shall be 210 x 297.

Fields of sheet should be clean.

13. Every document of application second and subsequent sheets are numbered in

arabic numerals.

14. Documents are printed bold in black with a height of capital letters at least

2.1 mm. The text of the application documents must be complete and clear and not contain

discrepancies.

15. The application for registration of topology shall be in the KT form, set out

in annex 1 to this Rules.

If there are several authors of topology, information about them is presented as a

supplement (s) to the application on the form given in annex 2 to this Rules.

Boxes of application “Ref.No.__ ","Registration No.__ ", located in its upper

part, intended to fill by the authorized body after receipt of the application and shall

not be filled by the applicant.

In the box "Applicant(s)" provides information about the applicant (s): surname,

name and patronymic (if any) of the individual or legal entity, as well as information

about his (their) place (s) of residence or location (s).

For foreign individuals or legal entities staying or residing outside the Republic

of Kazakhstan, in favor of whom registration of the topology is asked, shall be

specified a country code in accordance with the international standards of the World

Intellectual Property Organization (if any).

Box "Basis of rights for this topology" applicable in the case where the

applicant is not the author. Here by putting a mark "x" in the appropriate cell notes a

basis for applying. Also shall be submitted a document confirming the right to apply to

the authorized body.

In the box "Information about the near analog of this topology” provided an

equivalent, if available. As an analogue of topology can be indicated the topology both

not previously used for commercial purposes and used for commercial purposes.

In the box "Name of topology" specified full and abbreviated name of the

topology.

"Alternative name" box is filled if there is an additional name for the topology

being registered, which could be a previously written document related to a topology.

"Date and place of first use of topology" box indicates the date (day, month,

year) and the country of the first use of topology for commercial purposes.

"Data on the legal owner on the date of first use of this topology” box provides

information about its rightholder on the date of first use.

"Information on protected topologies" box provides information about the

topologies used in creating of topology submitted on registration. The concept of

"protected topology" includes both registered and unregistered topology that is used for

commercial purposes not more than two years. This may be the closest analogs of topology

declared, as well as the other topology in the declared topology, consisting of elements

well-known to developers and manufacturers of integrated circuit on the date of its

creation, the combination of which is the original. Shall be provided information about

basic matrix and crystal topologies and the topologies of custom-made integrated

circuits created on its basis.

"Surname, name, patronymic of the author" box provides surname, name and

patronymic (if any) of the author in the nominative case, nationality, place of

residence, telephone.

The same box provides a brief description of the creative input of the author

when creating the topology.

"Information on documents contained in the application" box filled by putting a

mark "x" in the appropriate cells and specifying the number of sheets in each copy of

the attached documents.

"Address for correspondence" box specifies the place of residence of the applicant

(or one of the applicants) – an individual residing in the Republic of Kazakhstan, or

location in the Republic of Kazakhstan of the applicant who is a legal entity, or the

location of the applicant's representative (s), or other address in the territory of the

Republic of Kazakhstan.

Application and supplement (s) shall be signed by the applicant (s) or his

(their) representative (s).

Signatures must be decrypted with indication of the surname and initials of the

signer.

On behalf of the legal entity the application shall be signed by the head of the

organization or other duly authorized person in accordance with the current legislation,

with indicating of his post, his signature must be sealed by seal of that legal entity.

When applying for registration directly from two or more applicants, the

application and supplement (s) shall be signed by each of them.

16. In order to identify the topology not used for commercial purposes prior to

the date of receipt of the application for registration, materials, identifying the

topology must include:

1) full set a visually perceptible materials that show each layer of topology;

2) topological drawing or level-by-level topological drawings;

3) photos of each topology layer, fixed in the integrated circuit;

4) summary that contains information intended for future publication in the

Official Bulletin, where shall be indicated:

surname, name and patronymic (if any) of each author specified in the application

and supplement (s) thereto;

surname, name and patronymic or the title of each applicant;

name of the topology;

the kind of technology used for the manufacture of integrated circuit;

annotation that includes scope, purpose, or function of IC.

Volume of annotation is up to 700 characters.

17. In order to identify the topology that is used for commercial purposes prior

to the date of receipt of the application for registration, materials, identifying the

topology must additionally contain samples of integrated circuit, including the topology

in the form in which it was used for commercial purposes, in two copies, and the summary

should contain additional information about the date of the first commercial use and the

basic technical characteristics of IC sample.

18. The visually perceived materials images should be presented on a scale of not

less than 20:1.

Images in the photographs must be contrasting.

In all copies of drawings and photographs must be specified a scale of images.

19. If any layer of topology contains information of a confidential nature in

visually perceived materials, the relevant part of this layer (or whole layer) is

withdrawn and is included in the materials, identifying the topology in an encoded form.

3. Business management to obtain a certificate of topology

registration.

20. For correspondence on request after its filing and defend of the interests

during pendency of the application, the applicant may appoint a representative issuing

him a Power of attorney executed in accordance with the legislation of the Republic of

Kazakhstan.

21. Individuals residing outside the Republic of Kazakhstan, or foreign legal

entities conduct business on topology registration through patent attorneys.

Individuals with permanent residence in the Republic of Kazakhstan, but

temporarily abroad may conduct business relating to the topology registration, without a

patent attorney if specifies the address for correspondence within the Republic of

Kazakhstan.

22. Correspondence is carried out by the applicant or his representative, duly

authorized, on each application individually.

23. Materials sent after the application shall contain the number and the

signature of the applicant or his representative, otherwise the materials will be

returned without pendency.

24. Record management is conducted in the State or Russian language.

Materials submitted with design flaws that prevent their reading, are not

considered. The person submitting such material shall be sent a corresponding

notification.

25. At the request of the authorized body or on his own initiative, the applicant

prior to publication in the Official Bulletin supplement, corrects and refines the

application materials.

Fixed materials shall be submitted by the applicant in the form of substitute

sheets.

If corrections relate to misprints, errors in specifying bibliographic data and

will not lead to negative consequences regarding the definition with the direct

reproduction, the need for corrections can be showed in a letter of the applicant

without submission of substitute sheets.

4. Pendency of application 26. If the received application materials include statement and a copy of the

drawings or topology, then they are registered with putting the date of their receipt.

Application is assigned to the incoming number.

The applicant shall be notified on the fact of receipt of materials by issue or

delivering to him a single copy of the application with the details provided by the

authorized body (incoming number and date of receipt).

27. Check the application to ensure availability of the necessary documents and

compliance with requirements of the current legislation is carried out by the authorized

body, within two months from the date of its receipt.

28. During pendency of the application is checked:

availability of documents that should be contained in the application or be

attached to it;

compliance with the requirements for application documents established by these

Rules.

Pendency of the application is carried out without checking the originality of the

topology, the applicant's right to protection or reliability of the information

specified in the application.

29. If during the pendency of the application was established that application is

registered with violation of requirements provided by legislation, the applicant is sent

a request with the detected deficiencies and offering to submit missing or corrected

documents within three months from the date of the request.

30. The basis for the request is:

lack of one or more documents stipulated by paragraph 6 of this Rules;

violation of requirements of legislation for execution of power of attorney;

absence in the application of the topology registration of the required

information, details, signature, stamp, required under these Rules, as well as the need

to clarify the data given in the application;

identification of gaps in the preparation of documents to prevent their immediate

reproducing (violation of the requirements for the format of the sheets, field size,

print quality, which prevents reading of the application materials).

In the event of non-submission of the corrected or missing materials within the

established deadlines, the registration of the topology is not made, and the application

shall be considered withdrawn.

31. If as a result of the pendency of the application it is established that

application relates to objects not protected as topologies or where an applicant fails

to conform requirement of the first paragraph of point 4 of this Rules, the applicant

shall be sent the decision on refusal of registration of a topology.

5. Registration, issuance of certificate, publishing

32. If as a result of the application will be established that application

materials meet the requirements of this Rules, an authorized body enter the topology in

the State Register of integrated circuits topology (hereinafter-State register) with the

assignment of corresponding registration number, provides the applicant with

registration certificate and publishes information about registered topology in the

Bulletin.

33. The State register records all changes relating to the registration of the

topology.

34. The particulars entered in the State register, are considered reliable until

proved otherwise.

35. For the implementation of actions, including receiving applications for the

topology registration, their registration, certification, and other actions giving rise

to rights and obligations for the participants will be charged a payment in accordance

with the law.

36. The certificate of the topology registration (hereinafter Certificate) is

filled in the State and Russian languages, in accordance with the form prescribed in

Annex 3 to this Rules.

The Certificate shall indicate:

number of the certificate (registration);

name of the topology;

right holder-surname, name and patronymic (if any) of the individual and/or full

title of the legal entity;

country;

author (s) - surname, name and patronymic (if any);

application number;

date of first commercial use (if it occured);

registration date.

If there are several persons in favor of whom the topology registration is

sought, is issued one certificate.

37. The Certificate shall be submitted personally or sent by registered post mail

to an address of the right holder.

If there are several right holders, the certificate shall be sent to the right

holder, the first specified in the topology registration application.

When issuing the certificate it is required identity documents, as well as power

of attorney in the cases of representing the interests of the legal entity for the right

to obtain a certificate and a document certifying payment of the State fee. Certificates

of foreign right holders shall be handed in or sent to patent attorney.

For author of topology other than the right holder authorized body shall issue a

certificate confirming his authorship.

38. When publishing information on the topology registration the authorized body

in the bulletin "Onerkasiptik menshik -Industrial property" in section "Topology" in the

State and Russian languages publishes the following information:

registration number;

date of registration;

date of first use (if it occured);

surname, name, patronymic of the author (authors);

surname, name, patronymic, or title of the right holder (s);

code (s) of the country of residence of the author (s) of topology and place of

residence (location) of the right holder (s) in accordance with the international

standards of the World Intellectual Property Organization;

name of the topology;

annotation.

Information about the changes relating to the registration of the topology are

published by the authorized body in the bulletin " Onerkasiptik menshik -Industrial

property" under "Habarlama – Announcements” section in the State and Russian languages.

Appendix 1

to the Rules for compilation, submitting,

pendency of applications for registration,

registration and issue of certificate

of integrated circuit topology

Footnote. Annex 1 as amended by order of the Minister of Justice of the RK of

17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first

official publication).

KT Form

Ref.No.___ Registration No.________

from _______ from ______________

Ministry of Justice

of the Republic of Kazakhstan

Application

for registration of an integrated circuit topology

Country code according to WIPO Standard ST. 3 (if any) 1. Applicant (s) ______________________________________________

(full name or title of the applicant (s) and his (their) residence or location. Data on

the residence of the authors-applicants are shown in box 9)

2. The basis of rights for this topology

(to be completed if the applicant is not the author) (Note x)

applicant is an employer transfer of rights by the

author of the author or his assignee

to other person

transfer of rights by employer inherit right

to another person

3. Information about the near analog of this topology

_______________________________________________________________

4. Full name of topology:

_______________________________________________________________

short name:

_______________________________________________________________

5. Alternative name

_______________________________________________________________

6. Date and place of the first use of topology ______

date ____month_____ year _______ country

_______________________________________________________________

7. Data about the legal owner on the date of the first use of topology

Name/title

_______________________________________________________________

Nationality

_______________________________________________________________

Address telephone

_______________________________________________________________

8. Information about protected topologies

(used when creating the topology)

_______________________________________________________________

9. Author’s full name (information about other authors is

provided as a supplement(s) to the application (form KT/DOP))

_______________________________________________________________

Nationality

_______________________________________________________________

Address of residence, telephone

_______________________________________________________________

Brief description of the creative input of the author when creating the topology

_______________________________________________________________

10. Information on the documents contained in the application (Note x) materials

identifying the topology:

integrated circuit samples, including the topology in the form in which it

was used in 2 copies

full set of one of the following types of visually perceived materials that

render each layer of this topology, including the specification in 2 copies

topological drawing or level-by-level topological drawings on ___sheets

photos of each topology layer contained in the integrated circuit _ pcs

abstract on 1 sheet in 2 copies

copy of the document confirming the date and place of first use of topology

on ___sheets in 2 copies.

_____________________________________________________________________

document on payment of the State fee:

document about payment exemption from payment

on _____ sheets on _____ sheets

reduction of size of the payment

on _____ sheets.

_______________________________________________________________

supplement to the application (form KT/DOP on ___ sheets.)

power of attorney (s) on 1 sheet.

_____________________________________________________________________

11. Address for correspondence: (full mailing address including full postcode,

name or title of the addressee)

_______________________________________________________________

_______________________________________________________________

Phone number, including area code Fax Telephone

_______________________________________________________________

_______________________________________________________________

(signature (s) of applicant (s) or his representative; date of signature (s))

_______________________________________________________________

_______________________________________________________________

Appendix 2

to the Rules for compilation, submitting,

pendency of applications for registration,

registration and issue of certificate

of integrated circuit topology

Footnote. Annex 2 as amended by order of the Minister of Justice of the RK of

17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first

official publication).

KT/DOP Form

Ref.No.___ Registration No.________

from _______ from ______________

Ministry of Justice

of the Republic of Kazakhstan

Supplement to the application

for registration of an integrated circuit topology

Country code according to

WIPO Standard ST. 3

(if any)

1. Applicant (s)

(full name or title)

_______________________________________________________________

Name of topology (abbreviated)

_______________________________________________________________

Addition to paragraph 9 of the application

Author’s name

_______________________________________________________________

Nationality, domicile, telephone

_______________________________________________________________

Brief description of the creative input of the author when creating the topology

_______________________________________________________________

Addition to paragraph 9 of the application

Author's full name

_______________________________________________________________

Nationality, domicile, telephone

_______________________________________________________________

Brief description of the creative input of the author when creating the topology

_______________________________________________________________

Addition to paragraph 9 of the application

Author's full name

_______________________________________________________________

Nationality, domicile, telephone

_______________________________________________________________

Brief description of the creative input of the author when creating the topology

_______________________________________________________________

Addition to paragraph 9 of the application

Author's full name

_______________________________________________________________

Nationality, domicile, telephone

_______________________________________________________________

Brief description of the creative input of the author when creating the topology

_______________________________________________________________

Addition to paragraph 9 of the application

Author's full name

_______________________________________________________________

Nationality, domicile, telephone

_______________________________________________________________

Brief description of the creative input of the author when creating the topology

_______________________________________________________________

Addition to paragraph 9 of the application

Author's full name

_______________________________________________________________

Nationality, domicile, telephone

_______________________________________________________________

Brief description of the creative input of the author when creating the topology

_______________________________________________________________

Addition to paragraph ____ of the application

_______________________________________________________________

Addition to paragraph ____ of the application

_______________________________________________________________

(signature (s) of applicant (s) or his representative; date of signature (s))

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Appendix 3

to the Rules for compilation, submitting,

pendency of applications for registration,

registration and issue of certificate

of integrated circuit topology

Footnote. Annex 3 as amended by order of the Minister of Justice of the RK of

17.03.2015 No. 158 (the act is entered into force in ten calendar days after its first

official publication).

MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

REGISTRATION CERTIFICATE

No.___ Name of topology:

Rightholder:

Country:

Authors:

Application No.

Date of the first commercial use (if any):

Registered in the State Register (date and registration number):

Certificate applies to the whole territory of the Republic of Kazakhstan

Deputy Minister of Justice

of the Republic of Kazakhstan Full name

Annex 10

to the order of Acting

Minister of Justice

of the Republic of Kazakhstan

of 23 April, 2010 No. 136

A list of recognized void orders of the Chairman of the

Committee on the Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan 1) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan of 15 August, 2002 No. 133 "On

Approval of Instruction on Recognition of a Trademark (Service mark) as Well-known in

the Republic of Kazakhstan" (registered in the State Register of regulatory legal acts

No. 1960 published in the Bulletin of normative-legal acts of Central Executive and

other State bodies of the Republic of Kazakhstan No. 36, p. 685, 2002);

2) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan of 9 November, 2002 No. 192 "On

Approval of the Rules for Drafting, Submitting, Pendency of Application for

Registration, Registration and Issue of Certificate of Integrated Circuit Topology” "

(registered in the State Register of regulatory legal acts No. 2043 published in the

Bulletin of normative-legal acts of Central Executive and other State bodies of the

Republic of Kazakhstan No. 2, p. 769, 2003);

3) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan No. 60-p of 28 September, 2004 "On

Amendments to the Order of the Chairman of the Committee on the Intellectual Property

Rights of the Ministry of Justice of the Republic of Kazakhstan of 9 November, 2002 No.

192 "On Approval of the Rules for Drafting, Submitting, Pendency of Application for

Registration, Registration and Issue of Certificate of Integrated Circuit Topology" "

(registered in the State Register of normative-legal acts of Central Executive and other

State bodies of the Republic of Kazakhstan No. 3125);

4) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan No.72-p of 14 October, 2004 “On

Approval of the Rules of filing and processing of applications for the grant of a

selection patent” " (registered in the State Register of regulatory legal acts No. 3183

published in the Bulletin of normative-legal acts of Central Executive and other State

bodies of the Republic of Kazakhstan No. 45-48, art. 1049, 2004);

5) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan No. 70-OD of 30 December, 2005 "On

Amendments to the Order of the Chairman of the Committee on Intellectual Property Rights

of the Ministry of Justice of the Republic of Kazakhstan of 9 November, 2002 No. 192 "On

Approval of the Rules for drafting, submitting, reviewing of applications for

registration, registration and issue of certificate of integrated circuit topology"

(registered in the State Register of normative-legal acts of Central Executive and other

State bodies of the Republic of Kazakhstan No. 4028);

6) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan of 30 December, 2005 No. 71-OD, "On

Amendments to the Order "On Approval of Instruction on Recognition of a Trademark

(Service mark) as Well-known in the Republic of Kazakhstan" (registered in the State

Register of regulatory legal acts No. 4019 published in the "Legal Newspaper"

("Юридическая газета") of 25 January, 2006 No. 11 (991);

7) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan of 24 April, 2007 No. 52-OD, "On

Approval of Instruction for drafting, execution and pendency of an application for the

grant of an innovation patent or invention patent” (registered in the State Register of

regulatory legal acts No. 4643 published in the Bulletin of normative-legal acts of

Central Executive and other State bodies of the Republic of Kazakhstan of August, 2007

No. 8, art.278);

8) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan of 24 April, 2007 No. 53-OD, "On

Approval of Instruction on Drafting, Execution and Pendency of an Application for

Utility Model Patent" (registered in the State Register of regulatory legal acts No.

4643 published in the "Legal Newspaper" ("Юридическая газета") of 17 August, 2007 No.

126 (1329);

9) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan of 24 April, 2007 No. 55-OD, "On

Approval of Instruction on Drafting, Execution and Pendency of an Application for a

Trademark” (registered in the State Register of regulatory legal acts No.4645 published

in the "Legal Newspaper" ("Юридическая газета") of 14 September, 2007 No. 141 (1344);

10) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan of 24 April, 2007 No. 56-OD "On

Approval of Instruction on Drafting, Execution and Pendency of an Application for an

Appellation of Origin and Grant of the right to Use the Appellation of Origin"

(registered in the State Register of regulatory legal acts No. 4646 published in the

"Legal Newspaper" ("Юридическая газета") of 14 September, 2007 No. 141 (1344);

11) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan No. 57-OD of 24 April, 2007 "On

Approval of Instruction on Registration of License, Sub-license Agreements on the Use of

Industrial Property Subject Matters" (registered in the State Register of regulatory

legal acts No. 4647 published in the "Legal Newspaper" ("Юридическая газета") of 5

September, 2007 No. 135 (1338);

12) Order of the Chairman of the Committee on Intellectual Property Rights of the

Ministry of Justice of the Republic of Kazakhstan of24 April, 2007 No. 58-OD, "On

Approval of Instruction on Registration of Treaties on Assignment of Exclusive Rights

for Industrial Property Subject Matters"(registered in the State Register of regulatory

legal acts No. 4648 published in the "Legal Newspaper" ("Юридическая газета") of 30

August, 2007 No. 133 (1336).

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