Article 14-1. Conditions for registration of the transfer of the exclusive right and the granting of the right to use the object of industrial property of the Patent Law of the Republic of Kazakhstan

Home / RLA / Article 14-1. Conditions for registration of the transfer of the exclusive right and the granting of the right to use the object of industrial property of the Patent Law of the Republic of Kazakhstan

1. Registration of the transfer of an exclusive right and the granting of the right to use an object of industrial property is carried out by entering information into the relevant state registers within ten working days following the day of receipt of the application of the interested party to the contract.

Failure to comply with the written form and/or the registration requirement entails the nullity of the contract.

2. Amendments to the relevant state registers in connection with the termination of the contract or cancellation of registration on the basis of a court decision that has entered into force are carried out within one business day following the day of receipt of the application from the interested party to the contract.

Technical errors may be corrected in the registration information, without changing their affiliation, nature or content, within one business day from the date of receipt of the application of the interested person and subject to written notification to other interested parties to the contract.

3. The grounds temporarily preventing registration are:

1) the existence of a time limit for the restoration of the terminated exclusive right to an object of industrial property;

2) submission of an incomplete package of documents or inconsistency of information in the submitted documents;

3) the information in the submitted documents does not correspond to the information in the relevant state registers or in the register maintained in accordance with an international treaty ratified by the Republic of Kazakhstan;

4) the presence of provisions in the agreement that contradict the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

4. If the grounds specified in paragraph 3 of this article are identified, a request for their elimination is sent to the applicant. From the date of sending the request, the registration period is suspended for three months.

5. The grounds for refusal of registration are:

1) expiration of the period for restoration of the terminated exclusive right to an object of industrial property;

2) expiration of the time limit for the elimination of grounds temporarily preventing registration;

3) receiving an application for registration from a person who is not a party to the agreement;

4) the absence of registration of the license agreement or an additional agreement to it;

5) the existence of obligations on the part of the party that prevent the granting of the right to use the object of industrial property.

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

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Republic of Kazakhstan

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