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Home / Laws / Article 15-2. Exclusion from the register (registers) of patent attorneys, invalidation of the certificate of a patent attorney and cancellation of information in the register (registers) of Patent Attorneys of the Law On Legal Protection of Integrated Circuit Topologies

Article 15-2. Exclusion from the register (registers) of patent attorneys, invalidation of the certificate of a patent attorney and cancellation of information in the register (registers) of Patent Attorneys of the Law On Legal Protection of Integrated Circuit Topologies

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 15-2. Exclusion from the register (registers) of patent attorneys, invalidation of the certificate of a patent attorney and cancellation of information in the register (registers) of Patent Attorneys of the Law On Legal Protection of Integrated Circuit Topologies

  1. A patent attorney shall be excluded from the register(s) of patent attorneys by a decision of the commission on the activities of patent attorneys.:

     1) on the basis of a patent attorney's application submitted to the commission on the activities of patent attorneys;

     2) upon termination of citizenship of the Republic of Kazakhstan or upon departure for permanent residence outside the Republic of Kazakhstan;

     3) in case of a break in the professional activity of a patent attorney for more than five years;

     4) upon the entry into force of the court verdict of conviction by which the patent attorney was convicted of committing a crime;

     5) in the event of the death of a patent attorney or his recognition as missing or declared deceased;

     6) in case of recognition of the patent attorney as legally incompetent or with limited legal capacity;

     7) based on the results of consideration of complaints from individuals and (or) legal entities, as well as the representation of the Chamber of Patent Attorneys.

     2. Based on a decision of the commission on the activities of patent attorneys or a court decision that has entered into force or a court verdict of guilty, the certificate of the patent attorney is declared invalid and the relevant information is entered into the register (registers) of patent attorneys.

     3. A patent attorney who has been excluded from the register(s) of patent attorneys shall lose the right to carry out the activities of a patent attorney from the date of entry of information about this, and the certificate of his registration as a patent attorney shall be annulled.

     4. In case of receipt of a complaint by an individual and (or) a legal entity or a submission by the Chamber of Patent Attorneys against the actions of a patent attorney, the authorized body shall form a commission on the activities of patent attorneys from an odd number of employees of the authorized body. For the period of consideration of the complaint of an individual and (or) a legal entity or the representation of the Chamber of Patent Attorneys, the validity of the patent attorney's certificate is suspended, which is noted in the register of patent attorneys.

     Based on the results of consideration of a complaint by an individual and (or) a legal entity or a submission by the Chamber of Patent Attorneys, one of the following decisions is made: -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM. 

     1) revoke the certificate of the patent attorney and make a corresponding entry in the register(s) of patent attorneys;

     2) to refuse to satisfy the complaint of an individual and (or) a legal entity or the representation of the Chamber of Patent Attorneys.

     The decision of the appeal commission is made by a simple majority of votes, is formalized by a protocol and can be appealed to the court. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM. 

5. A complaint may be filed against the decision of the commission on the activities of patent attorneys to the appeals commission established under the authorized body for the pre-trial consideration of complaints from patent attorneys.

     The procedure for reviewing complaints against the decisions of the commission on the activities of patent attorneys is determined by the authorized body.

     Pre-trial consideration of these complaints is mandatory.

     The decision of the appeal commission is made by a simple majority of votes, is formalized by the protocol and can be appealed to the court.

 

The Law of the Republic of Kazakhstan dated June 29, 2001 No. 217.

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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