On approval of the Rules for registration of the transfer of the exclusive right, the granting of the right to use topologies in the State Register of Integrated Circuit Topologies

Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1344. Registered with the Ministry of Justice of the Republic of Kazakhstan on September 4, 2018 No. 17330.

      Unofficial translation

      In accordance with subparagraph 2) of Article 4 of the Law of the Republic of Kazakhstan “On Legal Protection of Integrated Circuit Topologies” as of June 29, 2001, I hereby ORDER:

      1. To approve the appended Rules for registration of the transfer of the exclusive right, the granting of the right to use topologies in the State Register of Integrated Circuit Topologies.

      2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Department of Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan shall:

      1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days of the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, send it in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) place this order on the official website of the Ministry of Justice of the Republic of Kazakhstan after its official publication.

      3. Control over execution of this order shall be entrusted to the supervising Vice-minister of Justice of the Republic of Kazakhstan.

      4. This order shall take effect ten calendar days after its first official publication.

      Minister M. Beketayev

  Approved by
Order № 1344 of the Minister of
Justice of the
Republic of Kazakhstan
as of August 29, 2018

Rules for registration in the State register of topologies of integrated circuits of transfer of exclusive rights, granting the right to use topologies

      Footnote. Rules – in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 15.06.2021 № 505 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Chapter 1. General provision

      1. These Rules for registration in the state register of integrated circuit topologies of transfer of exclusive rights, granting the right to use topologies (hereinafter referred to as the Rules) shall have been developed in accordance with subparagraph 2) of Article 4 of the Law of the Republic of Kazakhstan "On legal protection of integrated circuit topologies," with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law on public services) and shall determine the procedure for registration in the state register of exclusive transfer integrated circuit topologies, granting the right to use topologies, as well as shall determine the procedure for providing public services "Registration of the transfer of exclusive rights to the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit" and "Registration of the granting of the right to use the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit. "

      2. The following concepts shall be used in these Rules:

      1) bulletin - an official periodical on the protection of the topologies of integrated circuits;

      2) the topology of the integrated circuit (hereinafter referred to as the topology) - the spatial-geometric arrangement of the set of elements of the integrated circuit and the connections between them fixed on the material carrier;

      3) copyright holder - the author, his heir, as well as any individual or legal entity that shall have an exclusive right obtained by virtue of the Law of the Republic of Kazakhstan "On legal protection of integrated circuit topologies" or a contract;

      4) license agreement - an agreement under which the copyright holder (licensor) shall grant the other party (licensee) the right to temporarily use the topology in a certain way;

      5) patent attorneys - citizens of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, shall be granted the right to represent individuals and legal entities to the authorized body;

      6) exclusive right to topology - the property right of the copyright holder to use the topology in any way at his discretion;

      7) authorized body - a central executive body that shall exercise leadership within its powers in the field of legal protection of integrated circuit topologies;

      8) the web portal of "e-government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) - an information system that shall be a single window of access to all consolidated government information, including the regulatory legal framework, and to state services, services for issuing technical specifications for connecting natural monopolies to networks and services of quasi-public sector entities provided in electronic form;

      9) payment gateway of "electronic government" (hereinafter referred to as PGEG) - an information system that automates the processes of transmitting information about payments within the framework of the provision of reimbursable services provided in electronic form;

      10) electronic digital signature (hereinafter referred to as the EDS) - a set of electronic digital symbols created by EDS means and confirming the reliability of the electronic document, its ownership and invariability of the content.

Chapter 2. Procedure for registration of transfer of exclusive right to use topologies

      3. The state service "Registration of transfer of exclusive rights to the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit" shall be provided 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 (hereinafter referred to as the service provider).

      4. To obtain a public service, a physical and/or legal entity (hereinafter referred to as the service recipient) shall send through the portal an application for registration of transfer of exclusive right under the assignment agreement/registration of transfer of exclusive right under the assignment agreement/partial assignment, in the form of an electronic document signed by the EDS of the service recipient in accordance with Annexes 1 and 2 to these Rules with the documents attached, specified in paragraph 8 of the public service standard "Registration of transfer of exclusive trademark rights, selection achievement and object of industrial property, as well as the topology of the integrated circuit "in accordance with Annex 3 to these Rules (hereinafter referred to as the standard for registration of transfer of exclusive rights to the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit).

      5. The list of basic requirements for the provision of state services, including the characteristics of the process, the form, content and result of the provision, as well as other information taking into account the peculiarities of the provision of state services, in accordance with the standard for registering the transfer of exclusive rights to the trademark, selection achievement and industrial property, as well as the topology of the integrated circuit.

      Payment shall be carried out by non-cash method through the payment gateway of the second tier bank integrated with the information system of the service provider newcab.kazpatent.kz according to the bank details necessary for payment of the services of the service provider in accordance with Annex 4 to the Rules.

      When the service recipient sends an application through the portal in the "personal account," the status of acceptance of the request for the provision of public service is automatically displayed.

      6. The application and the attached documents shall be submitted in Kazakh or Russian. Foreign names and names of legal entities shall be indicated in Kazakh or Russian transliteration.

      Individuals permanently residing in the Republic of Kazakhstan, but temporarily located outside it, shall exercise their rights of the applicant, as well as the rights of the interested person without a patent attorney when specifying the address for correspondence within the Republic of Kazakhstan.

      7. The application for the provision of public service shall be automatically assigned a registration number at the time of receipt by the service provider.

      When the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the acceptance of applications and the issuance of the results of the provision of public service shall be carried out the next working day.

      The service provider shall verify the completeness of documents within two (2) working days from the date of registration.

      If the service recipient submits an incomplete package of documents or there is no information required to provide a state service in accordance with these Rules, the service provider shall send a notification to the service recipient within the time frame specified in part three of this clause indicating what requirements the package of documents does not meet.

      The period for bringing the documents specified in the notification into compliance shall be 2 (two) working days from the date of receipt of the notification by the service provider.

      If within 2 (two) working days from the date of receipt of the notification the service recipient has not brought the documents into compliance with the requirements, the service provider shall return the application and the package of documents to the service recipient, in accordance with Annex 6 hereto.

      The service provider shall receive information about the document confirming payment from the relevant state information system through the PGEG.

      Based on the results of verifying the relevant documents and payment, as well as in the absence of grounds for refusal, the service provider within 5 (five) working days shall prepare the results of the provision of state service and shall send it to the "personal account" of the service recipient in electronic form, in accordance with Annex 5 to these Rules.

      When making a decision on refusal to provide a public service, the service provider shall within one (1) working day notify the service recipient of the preliminary decision on refusal to provide a public service, as well as the time and place (method) of hearing to enable the service recipient to express a position on the preliminary decision.

      A notice of hearing shall be sent at least three (3) working days prior to the completion of the term of the public service. The hearing shall be held no later than two (2) working days from the date of notification.

      Based on the results of the hearing, the service provider shall notify the service provider of the registration of the transfer of the exclusive right to topology or shall make a reasoned refusal to provide public service.

      Footnote. Paragraph 7 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 06.09.2021 № 772 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      8. In case of registration, the service provider publishes in the bulletin, in the state register of integrated circuit topologies, information on the registration of the transfer of the exclusive right to use topologies.

      9. The service provider shall ensure the entry of data on the stage of state service provision into the information system for monitoring the provision of state services in accordance with the procedure established by the authorized body in the field of informatization, in accordance with subparagraph 11) of Article 5 of the Law on public services.

Chapter 3. Procedure for registration of granting the right to use topologies

      10. The state service "Registration of granting the right to use the trademark, selection achievement and industrial property, as well as the topology of the integrated circuit" shall be provided by the service provider.

      11. In order to receive a government service, the service recipient shall send through the portal an application for granting the right under a license or sublicense agreement/for granting the right under a comprehensive business license or sublicense agreement (franchising )/on registration of an additional agreement to the license (sublicense, complex business license) agreement in the form of an electronic document, signed by the EDS of the service recipient in accordance with Annexes 8, 9 and 10 hereto with the attachment of documents, specified in paragraph 8 of the state service standard "Registration of the right to use a trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit "in accordance with Annex 11 to these Rules (hereinafter, the standard for registration of the right to use a trademark, selection achievement and industrial property, as well as the topology of an integrated circuit).

      12. The list of basic requirements for the provision of state services, including the characteristics of the process, the form, content and result of the provision, as well as other information taking into account the peculiarities of the provision of state services, in accordance with the standard for registering the provision of the right to use the trademark, selection achievement and industrial property, as well as the topology of the integrated circuit.

      Payment shall be carried out by non-cash method through the payment gateway of the second-tier bank integrated with the information system of the service provider newcab.kazpatent.kz according to the bank details required to pay for the services of the service provider in accordance with Annex 4 hereto.

      When the service recipient sends an application through the portal in the "personal account," the status of acceptance of the request for the provision of public service is automatically displayed.

      13. The application and the attached documents shall be submitted in Kazakh or Russian. Foreign names and names of legal entities shall be indicated in Kazakh or Russian transliteration.

      Individuals permanently residing in the Republic of Kazakhstan, but temporarily located outside it, shall exercise their rights of the applicant, as well as the rights of the interested person without a patent attorney when specifying the address for correspondence within the Republic of Kazakhstan.

      14. The application for the provision of public service shall be automatically assigned a registration number at the time of receipt by the service provider.

      When the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the acceptance of applications and the issuance of the results of the provision of public service are carried out the next working day.

      The service provider shall verify the completeness of documents within two (2) working days from the date of registration.

      If the service recipient submits an incomplete package of documents or there is no information necessary for the provision of the state service in accordance with these rules, the service provider shall send a notification to the service recipient within the terms specified in part three of this paragraph indicating which requirements the package of documents does not meet.

      The period for bringing the documents specified in the notification into compliance shall be 2 (two) working days from the date of receipt of the notification by the service provider.

      If within 2 (two) working days from the date of receipt of the notification the service recipient has not brought the documents in line with the requirements, the service provider shall return the application and the package of documents to the service recipient, in accordance with Annex 14 hereto

      The service provider shall receive information about the document confirming payment from the relevant state information system through the PGEG.

      Based on the results of verifying the relevant documents and payment, as well as in the absence of grounds for refusal, the service provider within 5 (five) working days shall prepare the results of the provision of state service and shall send it to the "personal account" of the service recipient in electronic form, in accordance with Annexes 12, 13 to these Rules.

      When making a decision on refusal to provide a state service, the service provider shall notify the service recipient within one (1) working day of the preliminary decision on refusal to provide a state service, as well as the time and place (method) of hearing to enable the service recipient to express a position on the preliminary decision.

      A notice of hearing shall be sent at least three (3) working days prior to the completion of the term of the public service. The hearing shall be held no later than two (2) working days from the date of notification.

      Based on the results of the hearing, the service provider shall notify the service provider of the registration of the right to use the topology or makes a reasoned refusal to provide public service.

      Footnote. Paragraph 14 – in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 06.09.2021 № 772 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      15. In case of registration, the service provider publishes information on registration of the right to use the topology in the bulletin.

      16. The service provider shall ensure the entry of data on the stage of state service provision into the information system for monitoring the provision of state services in accordance with the procedure established by the authorized body in the field of informatization, in accordance with subparagraph 11) of Article 5 of the Law on public services.

Chapter 4. Procedure for appealing decisions, actions (inactions) of the service provider and (or) its officials on the issue of rendering public services

      17. Consideration of the complaint regarding the provision of the state service shall be carried out by a higher administrative body, an authorized body for assessing and monitoring the quality of the provision of public services (hereinafter referred to as the body considering the complaint).

      The complaint shall be submitted to the service provider and (or) to the official whose decision, action (inaction) shall be appealed.

      The service provider, an official whose decision, action (inaction) shall be appealed, shall, no later than three (3) working days from the date of receipt of the complaint, send it to the body considering the complaint.

      At the same time, the service provider, an official whose decisions, actions (inactions) shall be appealed, shall not send a complaint to the body considering the complaint, if within 3 (three) working days he takes a decision or an administrative action that fully meets the requirements specified in the complaint.

      The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law on public services, shall be subject to consideration within 5 (five) working days from the date of its registration.

      The complaint of the service recipient received by the body considering the complaint shall be subject to consideration within 15 (fifteen) working days from the date of its registration.

      Footnote. Paragraph 17 – in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 06.09.2021 № 772 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      18. In cases of disagreement with the results of the provided state service, the service recipient applies to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

  Annex 1
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

APPLICATION
on registration of the transfer of the exclusive right under the assignment agreement

      Please register the transfer of the exclusive right under the assignment agreement

      in relation to the security document (s) specified (s)

      in this statement.

      1. Name (s) and number (s) of the security document

      (security documents):

      _____________________________________________________________________________

      _____________________________________________________________________________

      2. Owner (Surname, First Name, Patronymic (if any) (hereinafter full name)

      individual/legal entity name *; legal address):

      _____________________________________________________________________________

      _____________________________________________________________________________

      3. Assignee (full name of an individual/name of a legal entity *;

      legal address):

      ______________________________________________________________________________

      ______________________________________________________________________________

      4. Patent attorney or other representative of the applicant

      ______________________________________________________________________________

      ______________________________________________________________________________

      5. Correspondence address, contact phone number

      ______________________________________________________________________________

      ______________________________________________________________________________

      Applications:

      √ Agreement on __ sheets in __ copies;

      √ Power of Attorney confirming the powers of the patent attorney or

      other authorized representative on __ sheets in __ copies;

      √ Document confirming payment for the services of the service provider;

      √ Other document (specify)

      √ Date of EDS (full name (if any)


      Note:

      * Foreign names of legal entities shall be indicated

      in Kazakh and Russian transliteration

  Annex 2
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

APPLICATION
on registration of transfer of exclusive right under a partial assignment agreement

      Please register the transfer of the exclusive right under the partial contract

      assignment in respect of the security document (s) specified (s)

      in this statement.

      1. Name (s) and number (s) of the security document

      (security documents):

      _________________________________________________________________________

      _________________________________________________________________________

      2. Owner (Surname, First Name, Patronymic (if any) (hereinafter - full name) of the physical

      person/name of the legal entity *; legal address):

      _________________________________________________________________________

      _________________________________________________________________________

      3. Assignee (full name of an individual/name of a legal entity *;

      legal address):

      _________________________________________________________________________

      _________________________________________________________________________

      4. Patent attorney or another representative of the applicant

      _________________________________________________________________________

      _________________________________________________________________________

      5. Scope of transferred rights stipulated by the contract

      _________________________________________________________________________

      _________________________________________________________________________

      6. Correspondence address, contact phone number

      _________________________________________________________________________

      _________________________________________________________________________

      Applications:

      √ Agreement on __ sheets in __ copies;

      √ Power of Attorney confirming the powers of a patent attorney or other

      authorized representative on __ sheets in __ copies;

      √ Document confirming payment for the services of the service provider;

      √ Other document (specify)

      Date of EDS (full name (if any)

      Note:

      * Foreign names of legal entities shall be indicated

      in Kazakh and Russian transliteration

  Annex 3
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

Standard of public service
"Registration of transfer of exclusive trademark rights, selection achievement and facility
of industrial property, as well as the topology of the microelectronic integrated circuit "

1

Name of the service provider

Republican state enterprise on the right of economic management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the RSE at PCV "NIIS").

2

Methods of public service provision

Through the web portal of "e-government": www.egov.kz (hereinafter referred to as the portal).

3

Terms of public service provision

10 (ten) working days

4

Form of public service provision

Electronic (fully automated)

5

Results of public service provision

Notification of the registration of the transfer of the exclusive right to topology or a reasoned response to the refusal of public service.
The form of provision of the result of the provision of public service is electronic.

6

The amount of payment charged to the service recipient during the provision of the state service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

The state service is provided on a paid basis in accordance with the Prices for services in the field of topology protection, approved in accordance with paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan "On Legal Protection of Integrated Circuit Topologies," and posted on the official websites of the authorized body of the www.adilet.gov.kz and service provider www.kazpatent.kz.

7

Working schedule

1) the portal - around the clock, with the exception of technical breaks related to the repair work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, acceptance of applications and issuance of the results of the provision of public service is carried out the next working day);
2) the service provider - from Monday to Friday inclusive from 9:00 to 18:30 hours, with a break for lunch from 13:00 to 14:30 hours, except for weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan and Article 5 of the Law of the Republic of Kazakhstan "On holidays in the Republic of Kazakhstan."
The addresses of the places of provision of state services are posted on the Internet resource of the RSE at the NIIS PCV: www.kazpatent.kz in the section "State Services."

8

List of documents required for rendering public service

1) the application of an individual or legal entity to register the transfer of the exclusive right to topology under the assignment agreement/partial assignment in electronic form in accordance with Annexes 1 and 2 to these Rules;
2) an electronic copy of the contract on the transfer of the exclusive right to topology;
3) an electronic copy of the decision of the management bodies of the owner of the security document or exclusive rights, or the general meeting of founders/shareholders on the issue of concluding a contract and representing the authority to sign the contract by the head of the enterprise, in the event of an application by the service recipient;
4) an electronic copy of the power of attorney in case of filing an application through a representative.
The service provider receives information about the document confirming payment from the corresponding state information system through the payment gateway of the "electronic government."

9

Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

Identification of unreliability of documents submitted by the service recipient for receiving the state service and (or) data (information) contained therein.

10

Other requirements taking into account the peculiarities of the provision of state services, including those provided in electronic form and through the State Corporation

1) the service recipient has the opportunity to receive information on the procedure and status of the provision of state service in the remote access mode through the "personal account" of the portal, as well as a single contact center "1414," 8-800-080-7777;
2) contact numbers of reference services for the provision of state service are indicated on the Internet resources of the authorized body of the www.adilet.gov.kz and service provider www.kaz​patent.kz.

  Annex 4
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

Bank details required to pay for the services of the service provider

      Recipient: National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan

      Address: 010000, Republic of Kazakhstan, Nur-Sultan, Maңgіlіk El Avenue, 57A, non-residential premises 8

      Business Identification Number: 020940003199

      Beneficiary Code: 16

      Purpose of payment code: 859

      Bank Name Individual Identification Code, Bank Identification Code:

      Joint Stock Company Nurbank KZ8584905KZ006015415NURSKZKX

      Halyk Bank of Kazakhstan Joint Stock Company KZ386010111000288323 HSBKKZKX, KZ366017111000000792 HSBKKZKX

      Subsidiary bank of Sberbank joint-stock company KZ14914012203KZ0047J SABRKZKA

      Branch of ForteBank joint-stock company in the city of Nur-Sultan KZ1096503F0007611692IRTYKZKA

  Annex 5
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

      Contract registration number:

      Date of registration of the agreement:

      Copyright holder:

      Assignee:

NOTICE of public service provision
"Registration of transfer of exclusive trademark rights, selection achievement and
object of industrial property, as well as the topology of the microelectronic integrated circuit "

      The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan shall inform that in accordance with paragraph _ of Article _ of the Law of the Republic of Kazakhstan "On Legal Protection of Integrated Circuit Topologies," the transfer of exclusive right under the agreement (partial) assignment of rights to topology No. _ is registered in the State Register of Topologies of the Republic of Kazakhstan.

      (EDS)

  Annex 6
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

      Registration number of the agreement:

      Date of registration of the agreement:

      Copyright holder, Licensor (Sublicensor),

      Comprehensive Licensor (Sublicensor):

      Successor, Licensee (Sublicensee),

      Complex Licensee (Sublicensee):

MOTIVATED REFUSAL
further consideration of the application

      The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan reports that in connection with the ____________, according to Article 19 of the Law of the Republic of Kazakhstan "On Public Services," the application was refused.

      (the EDS)

  Annex 7
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

      Contract Registration Number:

      Date of registration of the contract:

      Copyright Holder, Licensor (Sublicensor),

      Comprehensive Licensor (Sublicensor):

      Successor, Licensee (Sublicensee),

      Complex Licensee (Sublicensee):

MOTIVATED REFUSAL
in the provision of the state service "Registration of the transfer of exclusive rights on the trademark,
selection achievement and object of industrial property, as well as the topology of the integrated circuit "

      The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan shall inform that in connection with the ____________, according to subclause 1) of paragraph 2 of Article 19-1 of the Law of the Republic of Kazakhstan "On Public Services," the registration of the agreement (partial) assignment was refused.

      (the EDS)

  Annex 8
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

APPLICATION
on granting the right under a license or sublicense agreement

      Please register the grant of license rights or

      a sublicense agreement in respect of a security document (security documents),

      specified in this application.

      1. Name (s) and number (s) of the security document

      (security documents):

      ________________________________________________________________________

      ________________________________________________________________________

      2. Licensor (Sublicensor) (Surname, first name, patronymic (if any)) (hereinafter referred to as the

      IE) of an individual/name of a legal entity *; legal address):

      ________________________________________________________________________

      ________________________________________________________________________

      3. Licensee (Sublicensee) (full name of an individual/legal name

      persons *; legal address):

      ________________________________________________________________________

      ________________________________________________________________________

      4. Patent attorney or another representative of the applicant

      ________________________________________________________________________

      ________________________________________________________________________

      5. Scope of assigned rights, taking into account the types of use provided for in

      contract

      ________________________________________________________________________

      ________________________________________________________________________

      6. Correspondence address, contact phone number

      Applications:

      √ Agreement on __ sheets;

      √ Power of Attorney confirming the powers of the patent attorney or

      other authorized representative on __ sheets in __ copies;

      √ Document confirming payment for the services of the service provider;

      √ Other document (specify)

      Date of the EDS (full name (if any)

      Note:

      * Foreign names of legal entities shall be indicated

      in Kazakh and Russian transliteration

  Annex 9
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

APPLICATION
on granting the right under a comprehensive business license or sublicense (franchising) agreement

      Please register the grant of the right under the comprehensive contract

      business license or sublicense (franchising) in relation to security

      of the document (security documents) specified in this application.

      1. Name (s) and number (s) of the security document

      (security documents):

      _________________________________________________________________________

      _________________________________________________________________________

      2. Complex Licensor (Complex Sublicensor) (Surname, First Name, Patronymic

      (if any) (hereinafter referred to as the full name) of an individual/legal name

      persons *; legal address):

      _________________________________________________________________________

      _________________________________________________________________________

      3. Complex Licensee (Complex Sublicensee) (full name of an individual/

      name of the legal entity *; legal address):

      _________________________________________________________________________

      _________________________________________________________________________

      4. Patent attorney or another representative of the applicant

      _________________________________________________________________________

      _________________________________________________________________________

      5. Scope of assigned rights, taking into account the types of use provided for in

      contract

      _________________________________________________________________________

      _________________________________________________________________________

      6. Correspondence address, contact phone number

      _________________________________________________________________________

      _________________________________________________________________________

      Applications:

      √ Agreement on __ sheets;

      √ Power of Attorney confirming the powers of a patent attorney or other

      authorized representative on __ sheets in __ copies;

      √ Document confirming payment for the services of the service provider;

      √ Other document (specify)

      √ Date of the EDS (full name (if any)


      Note:

      * Foreign names of legal entities shall be indicated

      in Kazakh and Russian transliteration

  Annex 10
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

APPLICATION
on registration of an additional agreement to the license
(sublicense, complex business license) agreement

      Please register an additional agreement to the license

      (sublicense, complex business license) agreement concluded

      in relation to the security document (s) specified (s)

      in this statement.

      1. Name (s) and number (s) of the security document

      (security documents):

      __________________________________________________________________________

      __________________________________________________________________________

      2. Registration number and date of registration of the contract:

      __________________________________________________________________________

      __________________________________________________________________________

      3. Licensor (Sublicensor, Complex Licensor) (Surname, first name, patronymic

      (if any) (hereinafter referred to as the full name) of an individual/legal name

      persons *; legal address):

      __________________________________________________________________________

      __________________________________________________________________________

      4. Licensee (Sublicensee, complex licensee) (full name of the physical

      person/name of the legal entity *; legal address):

      __________________________________________________________________________

      __________________________________________________________________________

      5. Patent attorney or another representative of the applicant:

      __________________________________________________________________________

      __________________________________________________________________________

      6. Correspondence address, contact phone number:

      __________________________________________________________________________

      __________________________________________________________________________

      Applications:

      √ Agreement on __ sheets;

      √ Power of Attorney confirming the powers of a patent attorney or other

      authorized representative on __ sheets in __ copies;

      √ Document confirming payment for the services of the service provider;

      √ Other document (specify)

      Date of EDS (full name (if any)

      Note:

      * Foreign names of legal entities shall be indicated

      in Kazakh and Russian transliteration

  Annex 11
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

Public service standard
"Registration of the right to use the trademark, selection achievement and
object of industrial property, as well as the topology of the integrated circuit

1

Name of the service provider

Republican state enterprise on the right of economic management "National Institute of Intellectual property" of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the RSE at PCV "NIIS").

2

Methods of public service provision

Through the web portal of "e-government": www.egov.kz (hereinafter - the portal).

3

Term of public service provision

10 (ten) working days

4

Form of public service provision

Electronic (fully automated)

5

Result of public service provision

Notification of registration of the provision of the right to use topology or a reasoned response to the refusal to provide public service.
The form of provision of the result of the provision of public service is electronic.

6

The amount of payment charged to the service recipient during the provision of the state service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

The state service shall be provided on a paid basis in accordance with the Prices for services in the field of topology protection, approved in accordance with paragraph 2 of Article 4-1 of the Law of the Republic of Kazakhstan "On Legal Protection of Integrated Circuit Topologies," and posted on the official websites of the authorized body of the www.adilet.gov.kz and service provider www.kazpatent.kz.

7

Working schedule

1) the portal - around the clock, with the exception of technical breaks related to the repair work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, acceptance of applications and issuance of the results of the provision of public service is carried out the next working day);
2) the service provider - from Monday to Friday inclusive from 9:00 to 18:30, with a break for lunch from 13:00 to 14:30, except for weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan and Article 5 of the Law of the Republic of Kazakhstan "On holidays in the Republic of Kazakhstan."
The addresses of the places of provision of state services are posted on the Internet resource of the RSE at the NIIS PCV: www.kazpatent.kz in the section "State Services."

8

List of documents required for rendering public service

1) application of an individual or a legal entity to register the granting of the right to use topology under a license agreement, comprehensive business license agreement or other agreement including the terms of the license agreement in electronic form according to the forms specified in Annexes 8, 9 and 10 hereto;
2) an electronic copy of the contract on granting the right to use topology;
3) an electronic copy of the decision of the management bodies of the owner of the security document or exclusive rights, or the general meeting of founders/shareholders on the issue of concluding a contract and representing the authority to sign the contract by the head of the enterprise, in the event of an application by the service recipient;
4) an electronic copy of the power of attorney in case of filing an application through a representative.
The service provider receives information about the document confirming payment from the corresponding state information system through the payment gateway of the "electronic government."

9

Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

Identification of unreliability of documents submitted by the service recipient for receiving the state service and (or) data (information) contained therein.

10

Other requirements taking into account the peculiarities of the provision of state services, including those provided in electronic form and through the State Corporation

1) the service recipient has the opportunity to receive information on the procedure and status of the provision of state service in the remote access mode through the "personal account" of the portal, as well as a single contact center "1414," 8-800-080-7777;
2) contact numbers of reference services for the provision of state service shall be indicated on the Internet resources of the authorized body of the www.adilet.gov.kz and service provider www.kazpatent.kz.

  Annex 12
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

      Contract Registration Number:

      Date of registration of the contract:

      Licensor (Sublicensor):

      Licensee (Sublicensee):

PUBLIC SERVICE NOTICE
"Registration of the right to use the trademark, selection achievement and
object of industrial property, as well as the topology of the integrated circuit "

      The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan informs that in accordance with paragraph _ of Article _ of the Law of the Republic of Kazakhstan "On Legal Protection of Integrated Circuit Topologies," the provision of (non) exclusive (sub) license under the license agreement for the use of topology No. _ is registered in the State Register of Integrated Circuit Topologies of the Republic of Kazakhstan.

      (the EDS)

  Annex 13
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

      Contract registration number:

      Date of registration of the contract:

      Comprehensive licensor (sublicensor):

      Successor, licensee (sublicensee),

      Complex licensee (sublicensee):

NOTIFICATION
of public service provision "Registration of the right to use
the trademark, selection achievement and object of industrial property, as well as the topology of the integrated circuit "

      The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan informs that in accordance with paragraph _ of Article _ of the Law of the Republic of Kazakhstan "On legal protection of integrated circuit topologies," the agreement of the comprehensive entrepreneurial (sub) license on granting (not) an exclusive license for the use of topology No. _ is registered in the state register of integrated circuit topologies of the Republic of Kazakhstan.

      (EDS)

  Annex 14
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

      Contract registration number:

      Date of registration of the contract:

      Copyright Holder, licensor (sublicensor),

      Comprehensive licensor (sublicensor):

      Successor, licensee (sublicensee),

      Complex licensee (sublicensee):

MOTIVATED STANDARD
in further consideration of the application

      The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan shall report that in connection with the ____________, according to Article 19 of the Law of the Republic of Kazakhstan "On public services," the application was refused.

      (EDS)

  Annex 15
to the Registration Rules in the
State register topologies of integral
transmission chips of exclusive right,
  granting the right to use topologies

      Form

      Contract registration number:

      Date of registration of the contract:

      Copyright Holder, licensor (sublicensor),

      Comprehensive licensor (sublicensor):

      Successor, licensee (sublicensee),

      Complex licensee (sublicensee):

MOTIVATED REFUSAL
in public service provision "Registration of the right to use the trademark, selection
achievement and object of industrial property, as well as the topology of the integrated circuit "

      The National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan shall inform that in accordance with paragraph _ of the Article _ of the Law of the Republic of Kazakhstan "On legal protection of integrated circuit topologies," the registration of a (partial) assignment/(sub) license agreement, a comprehensive entrepreneurial (sub) license agreement, a pledge agreement shall be refused.

      (the EDS)