Changed on 2 March, 2018 - 11:18
The right to selective achievement in accordance with the Law of the Republic of Kazakhstan "On Protection of Selection Achievements" of July 13, 1999 No. 422-1 is confirmed by a patent. The patent certifies the exclusive right of the patent holder to use the selection achievement, its priority and the authorship of the breeder.
Examination and testing of selective achievements on patentability and economic utility as a kind of activity in the field of protection of selection achievements are carried out by the authorized body in the field of development of the agro-industrial complex, which maintains State registers of appropriate selection achievements recommended for use in production.
The scope of legal protection provided by a patent for a selection achievement is determined by the totality of the characteristics included in the description of the variety and breed.
Examination of the application for the grant of a patent consists of two stages: preliminary examination and examination for patentability.
Preliminary examination is carried out by an expert organization Republican State Enterprise "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan (hereinafter - NIIP). During the preliminary examination, the availability of necessary documents and fulfillment of the requirements established for them is checked. Preliminary examination of the application for the grant of a patent is held after two months from the date of its submission to the expert organization. Preliminary examination is carried out within two months.
After the end of the preliminary examination, the Ministry of Justice of the Republic of Kazakhstan takes a decision on further consideration of the application and sending the application materials to the State Commissions of the Ministry of Agriculture of the Republic of Kazakhstan for examination for patentability.
After the expiry of 18 months from the date of filing of the application, information on applications for the grant of a patent for a selection achievement is published in the bulletin on which, as a result of preliminary examination, a positive decision was rendered.
According to the conclusions submitted by the State Commissions of the Ministry of Agriculture of the Republic of Kazakhstan on the grant of a patent, the authorized body decides on the grant of a patent.
Based on the decision to grant a patent and confirm payment for preparing for the grant of a patent, issuing an author's certificate, publishing information on the issuance and payment of a state fee, a selection achievement is registered in the State Register of Selection Achievements.
Patent is issued simultaneously with the publication in the official bulletin of information on its issuance.
Patent holder is obliged to pay annually for the maintenance of the patent in force.
The rules of drawing up, processing and order of consideration of an application for registration of a selection achievements can be found on NIIP website (www.kazpatent.kz) in the section "Applicants", "Selection achievements" or "Legal base", "Orders and rules", as well as by the following contacts: Call-center - 8-7172-74-96-60, Division on formal examination of applications for inventions and selection achievements - 8-7172-74-91-37.
Individuals living outside the Republic of Kazakhstan or foreign legal entities сonduct business on obtaining patents and maintaining them in force, file objections to the Appeals Board and take part in their consideration through patent attorneys registered in the Authorized body (Ministry of Justice of the Republic of Kazakhstan).
Registered selection achievements are indicated in the State Register of Selection Achievements ("State Register of Industrial Property Objects of RK" at the NIIP website www.kazpatent.kz).
Normative legal acts of the Republic of Kazakhstan and international agreements regulating the registration of industrial designs:
- Paris Convention for the Protection of Industrial Property of March 20, 1883.
- The Civil Code of the Republic of Kazakhstan, adopted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994.
- The Code of the Republic of Kazakhstan of July 1, 1999 No. 409 "The Civil Code of the Republic of Kazakhstan (Special Part)".
- The Code of the Republic of Kazakhstan of December 10, 2008, No. 99-IV "On Taxes and Other Mandatory Payments to the Budget (Tax Code)".
- Law of the Republic of Kazakhstan No. 422-I of July 13, 1999 "On Protection of Selection Achievements".
- Law of the Republic of Kazakhstan of April 15, 2013 No. 88-V "On State Services".
- Order of the Minister of Justice of the Republic of Kazakhstan dated December 18, 2014 No. 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", as amended by the order of the Minister of Justice of the Republic of Kazakhstan From May 26, 2015 № 294.
- Order of the Minister of Justice of the Republic of Kazakhstan dated April 30, 2015 No. 251 "On the approval of standards of public services in the field of industrial property".
- Order of acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015, No. 304 "On approval of regulations of state services in the field of industrial property".