Article 46. Patent Attorneys of the Law on Trademarks, Service Marks, Geographical Indications and Names of Places of Origin of Goods

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1. A capable citizen of the Republic of Kazakhstan who permanently resides on its territory, has a higher education, has passed certification and is registered in the register (registers) of patent attorneys may be a patent attorney.

Based on the results of the certification of persons applying to be a patent attorney and the issuance of a patent attorney's certificate, the patent attorney carries out activities in accordance with the specialization in the field of:

1) trademarks, geographical indications, names of the place of origin of goods;

2) inventions, utility models, industrial designs, and breeding achievements.

The Commission on the activities of patent attorneys, established under the authorized body, consists of an odd number of employees of the authorized body.

The procedure for certification of persons applying for employment as a patent attorney, registration in the register of patent attorneys and making changes to it is determined by the authorized body.

Registers of patent attorneys are posted on the Internet resource (registers) of the authorized body.

2. Persons are not allowed to be certified.:

1) who, in accordance with the laws of the Republic of Kazakhstan, is prohibited from engaging in entrepreneurial activity;

2) who are employees of the authorized body and its subordinate organizations, as well as their close relatives, spouse;

3) having an outstanding or outstanding criminal record for committing a crime in accordance with the procedure established by law;

4) excluded from the register of patent attorneys in accordance with this Law.

3. Persons who have at least four years of experience in the field of intellectual property rights protection or have completed an internship at the Chamber of Patent Attorneys for at least one year are allowed to be certified.

4. The activity of a patent attorney is suspended by a protocol decision of the attestation commission.:

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

2) for the period of assignment to persons who, in accordance with the laws of the Republic of Kazakhstan, are prohibited from engaging in entrepreneurial activity, to employees of the authorized body and its subordinate organizations;

3) in order to clarify the circumstances provided for in paragraph 1 of Article 46-2 of this Law.

In the case specified in subparagraph 3) of the first part of this paragraph, the activity of the patent attorney is suspended until the relevant decision is made by the attestation commission within three months.

The activities of a patent attorney are resumed by a protocol decision of the attestation commission in the event that the grounds that served to suspend his activities are eliminated.

5. The patent attorney, as a representative of the applicant, the copyright holder, carries out activities related to conducting business with the authorized body and an expert organization on the legal protection of intellectual property objects. The applicant and/or the copyright holder may also conduct business with the authorized body and the expert organization independently.

Individuals residing outside the Republic of Kazakhstan or foreign legal entities exercise their rights as an applicant, owner of a trademark, service mark and the right to use a geographical indication and an appellation of origin, as well as the rights of an interested person in an authorized body and its organizations through patent attorneys.

Individuals permanently residing in the Republic of Kazakhstan, but temporarily staying outside it, may exercise their rights as an applicant, owner of a trademark, service mark and the right to use a geographical indication and an appellation of origin, as well as the rights of an interested person without a patent attorney when specifying a correspondence address within the Republic of Kazakhstan.

The information that the patent attorney receives from the principal in connection with the execution of his assignment is considered confidential subject to compliance with the requirements imposed by the laws of the Republic of Kazakhstan on confidential information or other legally protected secrets.

The Law of the Republic of Kazakhstan dated July 26, 1999 No. 456.

This Law regulates relations arising in connection with the registration, legal protection and use of trademarks, service marks, geographical indications and names of places of origin of goods in the Republic of Kazakhstan.

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Republic of Kazakhstan

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