Contact-center
+7 (7172) 62-15-15
+7 (7172) 62-15-16
+7 (7172) 62-15-08 kazpatent@kazpatent.kz

Disposition of the exclusive right under the agreement

In accordance with the item 6 of the Article 11 of the Patent Law of the Republic of Kazakhstan, the patent owner may assign the received title of protection to an individual or legal entity.
 
In addition, according to the item 1 of the Article 14 of the Patent Law of the Republic of Kazakhstan, any person who is not a patent owner has a right to use the protected industrial property object only with the permission of the patent owner on the basis of a license agreement.
 
Registration of the contract of assignment of the title of protection and the license agreement is carried out following the results of the examination of materials conducted by the expert organization of RSE "NIIP".
 
The contract of assignment and the license agreement shall be concluded in writing form and shall be subject to mandatory registration in the authorized body - the Ministry of Justice of the Republic of Kazakhstan.
 
To register the contract of assignment in RSE "NIIP" an application of the standard form is submitted.
 
The application shall be accompanied by:
 
  1. originals of the contract of assignment in four copies, the subject of which are uniform industrial property objects, with a title page. Each copy of the contract is stitched, sealed with a paper seal, on which a record of the number of bound and numbered sheets is made; also an imprint of the seal and the signatures of the authorized persons of each parties or the applicant is put on it.
  2. Notarized copies of the contract may be submitted instead of the originals one;
  3. power of attorney in the case of filing an application through a patent attorney or other representative;
  4. a document confirming the payment of the state fee.
 
National applicants, in addition to the above-mentioned documents, represent the decision of the management bodies of the owner of the title of protection or exclusive rights, the general meeting of the founders or shareholders on the issue of concluding the contract and granting by the enterprise manager the authority to sign the contract.
 
To register a license agreement, an application of the standard form is submitted to the expert organization.
 
The application shall be accompanied by:
  1. originals of the agreement in four copies. Each copy is stitched, sealed with a paper seal, on which a record of the number of bound and numbered sheets is made; also an imprint of the seal and the signatures of both parties or of the authorized persons is put on it.
  2. Submission of materials for registration should be made no later than six months from the date of signing the agreement.
  3. Notarized copies of the agreement may be submitted instead of the originals one;
  4. power of attorney in the case of filing an application through a patent attorney or other representative;
  5. a document confirming the payment of the state fee.
 
National applicants, in addition to the above-mentioned documents, represent the decision of the licensor's management bodies (sub-licensor) on the issue of concluding the agreement and granting by the enterprise manager the authority to sign the agreement in the case of filing an application on behalf of a legal entity.
 

Forms:

Application form for registration of a contract of assignment for industrial property

Application form for the registration of the contract of partial assignment

Contract of assignment (invention)

Agreement on granting the right to a patent for an invention

Application form for registration of a package license agreement (franchising)

Application form for registration of a pledge agreement

Application form for registration of an additional agreement to the license agreement

Application form for registration of a license or sub-license agreement

Contract of assignment of the exclusive right to an industrial design, protected by a patent of the Republic of Kazakhstan