June 12, 2023 - National mourning day in the Republic of Kazakhstan
Intellectual property objects
Intellectual property objects:
Invention
Technical solutions in any area relating to the product (device, substance, microorganism strain, plant or animals cell culture), the method (the process of performing actions on a material object with the help of material means), as well as the use of a known product or method for a new purpose or a new product for a specific purpose are protected as an invention.
The legal protection of the invention is granted, if it is new, has an inventive level and is industrially applicable.
1) an application for the grant of a patent of the Republic of Kazakhstan for an invention indicating the authors of the invention and the persons in whose name the patent is requested, as well as their place of residence or location;
2) a description of the invention disclosing it with sufficient completeness to be carried out by a specialist in the relevant field of knowledge;
3) a claim defining the object of the invention and expressing its essence. The formula must be clear, accurate, and based on the description;
4) drawings and other materials, if they are necessary for understanding the essence of the invention;
5) abstract;
6) power of attorney, in case of conducting office work through a representative.
The application for an invention is accompanied by documents confirming:
- payment for filing an application, including payment for conducting a formal expert examination;
- grounds for reducing the amount of payment (for applicants belonging to the preferential categories of persons, in accordance with paragraphs 1.1) and 3.1) of Appendix 2 to the order of the Director of the RSE "NIIP" of the Ministry of Justice of the Republic of Kazakhstan No. 254 нқ dated December 23, 2020).
Subject to appropriate payment, this period is extended by two months.
Application documents must be drawn up in accordance with the requirements of the Rules for conducting an Expert Examination of Applications for Industrial Property objects, Appendix 2 to Order No. 1349 of the Minister of Justice of the Republic of Kazakhstan dated August 29, 2018 http://zan.gov.kz/client/#!/doc/124989/rus.
Utility model
An application for the grant of a utility model patent must contain the following documents::
1) an application for the grant of a patent of the Republic of Kazakhstan for a utility model indicating the authors of the invention and the persons in whose name the patent is requested, as well as their place of residence or location;
2) a description of the utility model that discloses it with sufficient completeness to perform the following tasks:;
3) a utility model formula expressing its essence and based entirely on the description;
4) drawings;
5) abstract;
6) power of attorney, in case of conducting office work through a representative.
The application for a utility model is accompanied by documents confirming::
1) payment for submitting an application in the prescribed amount;
2) grounds for reducing the amount of payment (for applicants belonging to the preferential categories of persons, in accordance with paragraphs 1.1) and 3.1) of Appendix 2 to the order of the Director of RSE "NIIS" of the Ministry of Justice of the Republic of Kazakhstan No. 254 нқ dated December 23, 2020).
Payment documents attached to the utility model application may be submitted together with the application or within two months from the date of receipt of the application. Subject to appropriate payment, this period may be extended, but not for more than two months.
Application documents must be drawn up in accordance with the requirements of the Rules for conducting an Expert Examination of Applications for Industrial Property objects, Appendix 2 to Order No. 1349 of the Minister of Justice of the Republic of Kazakhstan dated August 29, 2018 http://zan.gov.kz/client/#!/doc/124989/rus.
Industrial design
An industrial design refers to the artistic and design solution of a product of industrial or handicraft production that determines the appearance of the product. The industrial design is provided with legal protection, if it is new, original.
The industrial design is recognized as original if it’s essential characteristics determine the creative nature of the product's features. Significant features include, in particular, shape, configuration, ornament and color combination.
To obtain a patent for an industrial design, it is necessary to apply for the grant of a patent to an expert organization.
In accordance with the Patent Law of the Republic of Kazakhstan, both a legal entity and an individual can apply for the grant of a patent of the Republic of Kazakhstan for an industrial design. In the application, besides the applicants, the authors of the artistic and design solutions are indicated. The applicant and the author may be one and the same individual.
The application must contain:
- an application of the established form for the grant of a patent indicating the authors of the industrial design and the persons in whose name the patent is requested, as well as their place of residence or location;
- a set of reproducible images of the appearance of the product, giving a complete detailed picture of the essential features of the industrial design;
- description of the industrial design;
- power of attorney in the case of the case through a representative.
And also attached to the application for an industrial design is a document confirming the grounds for reducing its amount of payment (for participants of the Great Patriotic War (hereinafter referred to as the Second World War) and persons equated with benefits to participants of the Second World War, disabled people, minors, oralmans, pensioners by age and seniority, for military personnel - a copy of the relevant document or certificate), for small and medium-sized businesses of the Republic of Kazakhstan - a copy of the company's charter.
Selection achievements
A patent is issued for a selection achievement that has novelty, distinctness, uniformity and stability.
The scope of legal protection provided by a patent for a selection achievement is determined by the totality of characteristics included in the description of the variety, breed.
A patent for a selection achievement is issued based on the results of preliminary examination and examination for patentability.
Trademark
A trademark is a mark used to distinguish goods (services) of certain legal entities or individuals from similar goods (services) of other legal entities or individuals.
Visual, verbal, alphabetic, numeric, three-dimensional and other marks or its combinations may be registered as a trademark.
A trademark can be registered in any color or color combination.
Appellation of origin
Protected designation of origin (PDO) is a unique object of intellectual property.
Тhe PDO is a designation representing either the name of the country, region, settlement, locality or other geographical indication, as well as an indication derived from of such a name and become known as a result of its use in regard to the goods, special properties, quality, reputation or other characteristics of which are mainly related to its geographic origin, including the specific environment conditions and (or) human factors.
The PDO always points to a specific geographic location, because it is inseparable from a particular geographic location. It is impossible to transfer production of goods from one geographic location to another.
Geographical indications
Geographical indications (GI) is a new, unique object of intellectual property.
Geographical indications are a designation identifying a product originating from the territory of a geographical object, a certain quality, reputation or other characteristics of which are largely related to its geographical origin. At least one of the stages of the production of goods, which has a significant impact on the formation of its characteristics, should be carried out on the territory of this geographical object.
The designation can perform the functions of a GI only if it indicates the origin of the product concerning a certain area.
The right to a geographical indication allows its holders to prevent the use of the indication by third parties whose products do not meet applicable standards.
Авторское право
Авторское право - личные неимущественные и имущественные права автора. Авторское право и смежные права защищают права авторов, художников, музыкантов, исполнителей, вещательных компаний и иных создателей на свои литературные или художественные работы и произведения.
Авторское право распространяется как на обнародованные (опубликованные, выпущенные в свет, изданные, публично исполненные, публично показанные), так и на необнародованные произведения, существующие в какой-либо объективной форме:
- письменной (рукопись, машинопись, нотная запись и тому подобное);
- устной (публичное произнесение, публичное исполнение и тому подобное);
- звуко- или видеозаписи (механической, цифровой, магнитной, оптической и тому подобной);
- изображения (рисунок, эскиз, картина, план, чертеж, кино, теле-, видео- или фотокадр и тому подобное);
- объемно-пространственной (скульптура, модель, макет, сооружение и тому подобное);
- иных формах.
Topologies of an integrated microcircuit
The topology of an integrated circuit is a spatial and geometric arrangement of a set of elements of an integrated circuit and the connections between them fixed on a material carrier. At the same time, an integrated microcircuit is a microelectronic product of a final or intermediate form, which is intended to perform the functions of an electronic circuit, the elements and connections of which are inseparably formed in the volume and (or) on the surface of the material on the basis of which such a product is made.
Types of contracts subject to registration
1) Agreement on transfer of exclusive right (assignment)
Under the agreement of assignment of exclusive right, one party transfers its exclusive right to the object of industrial property in full or in part to another party
2) License agreement
Under a license agreement, the party that has the exclusive right to the result of intellectual creative activity or to a means of individualization (licensor) grants the other party (licensee) the right to temporarily use the corresponding intellectual property object in a certain manner
3) Complex entrepreneurial license agreement (franchising)
Under a complex business license agreement, one party (complex licensor) undertakes to grant to the other party (complex licensee) for remuneration a complex of exclusive rights (license complex), including, in particular, the right to use the licensor's trade name and protected commercial information, as well as other objects of exclusive rights (trademark, service mark, patent, etc.), stipulated by the agreement, for use in the licensee's business activity.
4) Pledge agreement
Pledge agreement of exclusive rights to an object of industrial property is an agreement under which one party owning the right to an object of industrial property secures the fulfillment of an obligation to the other party in such a way that in case the debtor fails to fulfill the obligation secured by the pledge, the pledgee is entitled to receive satisfaction from the value of the pledged property.
PCT international application
The Patent Cooperation Agreement (pct) assists the applicant in patenting their inventions in many countries, facilitates Patent Office decision-making and makes technical information relating to the invention available to the public. By submitting one international application in accordance with the PCT procedure, the applicant can achieve the protection of his invention in many countries of the world.
The PCT manual for the applicant can be found here.
In accordance with paragraph 3 of the rules for conducting expertise of applications for industrial property in accordance with the Patent Cooperation Agreement and the Eurasian Patent Convention, Annex 1 to the order of the Minister of Justice of the Republic of Kazakhstan dated August 29, 2018 No. 1350, RSE "National Institute of intellectual property" acts as the receiving department with the function of verification and sending an international application.
NIIP accepts international applications in Russian and English as a department with the competence to accept. If the applicant chooses the federal state institution of the Federal Service for patents and trademarks, intellectual property "Federal Institute of industrial property" (OMFI) as the International Search body in accordance with Article 15 of the agreement, the international application is submitted in Russian, if he chooses the European Patent Office (EPV), the international application is submitted in English.
The international application is submitted to NIIP in a single copy, suitable for making a direct copy of the application form of the international PCT application.
The requirements for the execution of international application documents are regulated by the Patent Cooperation Agreement (pct), the PCT manual and the PCT administrative manual.
The international application" NIIP " is checked for compliance with Article 11(1) and Article 14 of the PCT.
NIIP " determines the date of international application of an international application that has passed the verification with a positive result and sends it to the International Bureau of the World Intellectual Property Organization (WIPO).
For each international application, the following payments must be made:
- International application review, inspection and shipping fee (regulation 14 of PCT guidelines);
- International Application Fee (Regulation 15 of PCT guidelines);
- Payment for search Work (Rule 16 of the PCT manual).
Payments are made within one month from the date of receipt of the international application to the receiving Office
If it is found that the international application shipment fee, International application fee and search work fee have not been paid before the specified date or have not been paid in full in accordance with the provisions of PCT guidelines 14.1(C), 15.3 and 16.1(f), the applicant is offered to pay these payments within one month along with the fee for missing the payment deadline.
Information on the amount of payment and payment details when submitting international pct applications
In the international Phase, actions regulated by the PCT regulatory documents are taken in relation to the international application, and in the national phase, actions provided for by the national legislation of the selected foreign state are carried out.
To obtain a patent, the applicant must: https://www.wipo.int/pct/ru/texts/time_limits.html) transfer its international application to the national phase, in particular, to carry out protection in the territory of the state of its choice, submit the required documents and payment documents to the Patent Office of that state.
Regulatory documents:
- Civil Code of the Republic of Kazakhstan (Special part)
- Patent law of the Republic of Kazakhstan
- The Law of the Republic of Kazakhstan "On State Services"
- Paris Convention for the Protection of Industrial Property
- PCT Treaty, Regulations and Administrative Instructions
- Patent Law Treaty (PLT)
- Eurasian Patent Convention and Patent Regulations
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
- Rules for Examination of Applications for Industrial Property Objects
- Rules for registration of industrial property objects in the State Register of Inventions, State Register of Utility Models, State Register of Industrial Designs and issuance of protection documents and their duplicates, invalidation and early termination of patents
- Rules for Provision of Extracts from State Registers of Breeding Achievements, Inventions, Utility Models, Industrial Designs, Trademarks and Appellations of Origin of Goods, Topographies of Integrated Circuits
- Rules for Examination of an Application for Industrial Property under the Patent Cooperation Treaty and the Eurasian Patent Convention
- On approval of the register of public services
Авторское право:
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The D. Serikbayev East Kazakhstan Technical University (EKTU) actively engages in scientific research and development across various knowledge domains. Patent activities constitute a crucial component of the university's intellectual property strategy, aimed at fostering innovation, commercialization, and dissemination of the outcomes of research endeavors.
e-mail: msabiyeva@edu.ektu.kz
