Article 10. The patent holder of the Patent Law of the Republic of Kazakhstan

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1. A security document is issued:

1) the author(s) of the industrial property object;

2) to the employer in the cases provided for in paragraph 2 of this article.;

3) the legal successor(s), including the person(s) who received the corresponding right by way of assignment;

4) jointly to the persons provided for in this paragraph, subject to agreement between them.

2. The rights to security documents for official industrial property belong to the employer, unless otherwise stipulated in the contract between him and the employee.

3. The right to obtain a security document for an invention, utility model or industrial design created by the author not in connection with the performance of his official duties or a specific task of the employer, but using information, as well as technical or other material resources of the employer, belongs to the author, unless otherwise provided by an agreement between the author and the employer.

If an official object of industrial property was created by the joint creative work of several persons, including a person who is not an employee of this employer, the rights of such a person in relation to this official object of industrial property are determined by an agreement concluded by him with the specified employer and other authors.

If the service objects of industrial property were created by the authors as a result of several employers working together on the basis of a contract, the rights of these employers to service objects of industrial property are determined by the contract between them.

4. In the case of the creation of an official object of industrial property, the author notifies the employer of its creation in writing within one month from the date of the discovery of the fact of the creation of an official object of industrial property.

The notification is signed by the author(s) and must contain:

1) indication of the surname, first name, patronymic (if any) and position of the author;

2) the name of the service object of industrial property;

3) the conditions and place of its creation, the intended field of application;

4) a description drawn up with completeness sufficient to disclose the essence, determine the category and assess the suitability of the object of industrial property in the employer's activities.

The employer is obliged to accept and register the notification submitted by the author(s) on the creation of an official industrial property facility on the day of its submission, about which the author(s) are notified in writing.

If the description and other information necessary for processing the application are incomplete, the employer has the right to request additional materials from the employee about the official industrial property object, which provides additional materials within one month from the date of receipt of the request. In this case, the period specified in paragraph 7 of this article shall be suspended and resumed upon receipt of the requested information.

5. If the employee has not notified the employer who is entitled to receive a security document about the creation of an official industrial property facility, the period specified in paragraph 7 of this article begins from the date when the employer became aware of its creation.

If the fact of the creation of an official industrial property object is established by the employer, he is obliged to notify the author in writing. At the same time, if the right to obtain a security document for an official industrial property belongs to the employer, the employer must notify the author of the start of the relevant application, and the author must, at the request of the employer, provide in writing additional information necessary for filing an application for an official industrial property, and a list of all authors.

6. In case of refusal to receive a security document for an official industrial property object after submitting an application for their issuance or in maintaining a security document in force, the employer must promptly notify the author in writing about this and grant the author the right to receive a security document or the received security document free of charge.

7. If, within four months from the date of notification by the author, the employer does not apply for a security document for an official industrial property object, does not assign the right to receive a security document to another person, and does not inform the author about the secrecy of the relevant object, then the right to receive a security document passes to the author. In this case, the employer has a preferential right to use the corresponding object of industrial property in its own production under an agreement with the patent owner.

8. In order to ensure its rights with respect to an official industrial property object, none of the parties has the right to submit an application for a security document to an expert organization without notifying the other party.

9. The amount, conditions and procedure for payment of remuneration to the author for an official invention, utility model, industrial design are determined by an agreement between him and the employer. If it is impossible to balance the contribution of the author and the employer to the creation of service inventions, utility models or industrial designs, the amount, conditions and procedure for paying remuneration to the author are determined by legislative acts of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 16, 1999 No. 427.

President

Republic of Kazakhstan

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