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Disposition of the exclusive right under the agreement in Kazakhstan

The legislation of the Republic of Kazakhstan provides for the following types of disposition of an exclusive right to a registered object of industrial property under an agreement:

  1. conclusion of an agreement on transfer (assignment) of the exclusive right to an object;
  2. conclusion of a licensing (sublicense) agreement on granting the right to use the industrial property object;
  3. conclusion of an agreement of a complex entrepreneurial license (sublicense), including the provision on granting the right to use the industrial property object;
  4. conclusion of a pledge agreement.

According to the Resolution of the Government of the Republic of Kazakhstan dated September 18, 2013 № 983 "On Approval of the Register of Public Services", the following public services related to the disposition of the exclusive right under the agreement are provided:

  1. Public service "Registration of licensing, sublicense agreements"
  2. Public service "Registration of agreements on assignment of rights to a trademark and industrial property objects".

Procedure for the provision of public service

The term for the public service provision: from the date of the application - within 40 (forty) working days. The specified term is calculated from the moment of receipt of payment for the services of RSE "NIIP" and is prolonged if it is necessary for service recipient to present missing or corrected documents or to make the necessary changes and additions at the request of RSE "NIIP" for a period not exceeding 3 (three) months and 20 (twenty) days.

The results of the public service provision are:

  1. state registration of the agreement, confirmed by the registration stamp with the date and registration number on the title page of the agreement;
  2. a reasoned refusal to register the agreement in cases and on the grounds provided for in the item 10 of the public service standard.

When applying to the e-government portal - a certificate of state registration of the agreement or a reasoned response to refuse to register the agreement.

The application shall be deemed to be not filed when the service recipient fails to provide a document confirming the payment for agreement examination services, as well as payment of the state fee.

You can found the size of the state fee and tariffs for the services of RSE "NIIP" on the official website of the patent office - kazpatent.kz.

To register an agreement on the transfer of the trademark right, a license agreement, a comprehensive entrepreneurial license contract, a pledge agreement, you shall submit an application in the prescribed form to the expert organization. Forms of applications are available on the official website of the patent office - kazpatent.kz.

The application shall be accompanied by:

  1. originals of the agreement, the subject of which are homogeneous objects of industrial property, in four copies, with a title page. Each copy of the agreement is stitched, sealed with a paper seal, on which a record is made of the number of bound and numbered sheets, an imprint of the seal and signatures of both parties or authorized persons of both parties is put down.
  2. For licensing agreements, submission of materials for registration should be made no later than six months from the date of signing the agreement.
  3. Instead of the original agreement, it’s notarized copies may be submitted;
  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.
  6. a document confirming payment for the services of an expert organization.

Under the license agreements, the 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 a agreement and granting the authority to sign the agreement by the enterprise manager in the case of filing an application on behalf of a legal entity.

Under the assignment agreements, the national applicants, in addition to the above-mentioned documents, represent the decision of the management bodies of the holder of the title of protection or exclusive rights, the general meeting of the founders or shareholders on the issue of concluding the agreement and submitting the authority to sign the contract by the enterprise manager.

The application and other necessary documents are submitted in the Kazakh and Russian languages. Foreign names and names of legal entities must be in Kazakh and Russian transliteration. If the documents are presented in another language, the application is accompanied by their notarized translation into Kazakh and Russian languages.

 

Normative legal acts of the Republic of Kazakhstan regulating the issues of the disposition of the exclusive right under the agreement:

  1. The Civil Code of the Republic of Kazakhstan, adopted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994
  2. The Code of the Republic of Kazakhstan dated July 1, 1999 № 409 "The Civil Code of the Republic of Kazakhstan (Special Part)"
  3. The Code of the Republic of Kazakhstan dated December 10, 2008 № 99-IV "On Taxes and Other Mandatory Payments to the Budget (Tax Code)"
  4. Law of the Republic of Kazakhstan dated July 13, 1999 № 422-I "On Protection of Selection Inventions"
  5. Law of the Republic of Kazakhstan dated July 16, 1999 № 427 "Patent Law of the Republic of Kazakhstan"
  6. Law of the Republic of Kazakhstan dated July 26, 1999 № 456 "On Trademarks, Service Marks and Protected Designation of Origin"
  7. Law of the Republic of Kazakhstan dated April 15, 2013 № 88-V "On Public Services"
  8. Order of the Minister of Justice of the Republic of Kazakhstan dated December 18, 2014 № 368 "On approval of prices for works and services implemented by the Republican state enterprise on the right of economic management" National Institute of Intellectual Property "of the Ministry of Justice of the Republic of Kazakhstan"
  9. Order of the Minister of Justice of the Republic of Kazakhstan dated April 30, 2015 № 251 "On the approval of standards of public services in the field of industrial property"
  10. Order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 № 304 "On approval of regulations of public services in the field of industrial property"

 

 
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