On accession of the Republic of Kazakhstan to the Strasbourg agreement on the international patent classification

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Law of the Republic of Kazakhstan dated November 16, 2001 No. 257-II

To include the Republic of Kazakhstan in the Strasbourg agreement on the international patent classification, concluded in Strasbourg on March 24, 1971.

President Of The Republic Of Kazakhstan

STRASBOURG AGREEMENT ON INTERNATIONAL PATENT CLASSIFICATION

(Entered into force on January 24, 2003-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

(March 24, 1971)

The contracting parties: considering that the adoption of a common unified classification system of patents, copyright certificates, utility models and utility certificates meets common interests and creates closer international cooperation in the field of industrial property, as well as promotes the harmonization of national legislation in this area, In accordance with this, the European Council, recognizing the importance of the European Convention on patents of the International Classification for invention of December 19, 1954, which established the International Classification of patents for invention, taking into account the common value of this classification and its significance for all countries participating in the Paris Convention for the protection of industrial property, taking into account the importance of this classification for developing countries, facilitating their achievement of a, Taking into account Article 19 of the Paris Convention for the protection of industrial property, adopted on March 20, 1883, revised in Brussels on December 14, 1900, June 2,1911 in Washington, November 6, 1925, June 2, 1934 in London, October 31, 1958 in Lisbon and July 14, 1967 in Stockholm:

Article 1 creation of a special union adoption of the International Classification

The countries to which this agreement applies form a special union andcontains a unified classification of patents for art, copyright certificates, utility models and utility certificates. The classification is called the" international patent classification "(hereinafter referred to as the" classification").

Article 2 definition of the classification

(1) (a) Classification: (i) the text developed in accordance with the provisions of the European Convention on International Classification of Patents for Inventions of December 19, 1954, which was put into effect and published by the Secretary General of the Council of Europe on September 1, 1968 (hereinafter referred to as the "European Convention"); (ii) the text Of the European Convention prior to the entry into force of this Agreement in accordance with Article 2 (2); (iii) amendments that have entered into force in accordance with Article 5, which enter into force in accordance with the provisions of Article 6. (b) the instructions and notes included in the text of the classification are an integral part of this text. (2) the text referred to in Paragraph (A) (I) (A) (I) shall be drawn up in two original copies, each in English and French, on the date of opening this Agreement for signature, one copy shall be handed over to the secretary - general of the Council of Europe and the other to the director-general of the the changes referred to in Paragraph(B) (I) (A) (ii) shall be deposited in two original copies, each in English and French, one copy to the Secretary - General of the Council of Europe and the second copy to the director - general. the changes referred to in paragraph (C) (1) (A) (iii) shall be deposited with the CEO only in one original copy in English and French.

Article 3 languages of the classification

(1) the classification is developed in English and French, and both texts are fully consistent. (2) the official texts of the classification in Spanish, German, Portuguese, Russian and Japanese, as well as in other languages determined by the Assembly, as referred to in Article 7, shall be developed by the International Bureau of the organization (hereinafter referred to as the "International Bureau"), after consultation with the governments concerned, either on the basis of the translation provided by these governments or by

Article 4 Use of the classification

(1) the classification has a special administrative nature. (2) each country of the special union has the right to use the classification as the main or additional system. (3) the competent authorities of the countries of the Special Union shall include: (I) the patents, copyright certificates, utility models and utility certificates issued by them, as well as applications for these types of protection, regardless of whether they are published by these bodies or expressed only for public presentation, and (II) the announcements published in official publications in the form of a publication or the annex to the documents referred to in subparagraph (i), the full indexes of the classification applicable to inventiveness, which are related to the document referred to in paragraph (I). (4) at the time of signing this Agreement or the transfer of a certificate of ratification or act of accession for storage: (i) any country may declare that it does not undertake to include indices belonging to groups or subgroups of the classification, as provided for in paragraph (3), only in applications for public presentation, as well as in notices subject to these applications, and (ii), any country, whether it is a routine or deferred examination, in which the procedure for granting patents or other types of protection does not provide for a search to determine the state of the equipment level, may declare that it does not undertake to include indices belonging to groups and subgroups of the classification in the documents and notices mentioned in paragraph (3). This country may make a reservation only in respect of these circumstances, if it is carried out only in relation to certain types of protection or some branch of technology. (5) the words" international patent classification " are printed in the blackened letter referred to in Article 5 or in a way that is clearly visible at the beginning of each document referred to in paragraph 3 (1) to which they must be inserted. (6) if any country of the special union instructs any intergovernmental body to grant patents, it shall take all possible measures to ensure that that body uses the classification in accordance with this article.

Article 5 Committee of experts

(1) a committee of experts shall be established to represent each country of the special union. (2) (A) the director-general shall convene a meeting of the expert committee as an observer of representatives of intergovernmental organizations specialized in the patent field and in which at least one of the member countries is a party to this Agreement. (b) the director-general, on his own initiative or at the request of the expert committee, invites representatives of other intergovernmental and international non-governmental organizations to participate in the discussion of issues of interest to them. (3) The Committee of experts shall: (i) amend the classification; (ii) send recommendations to the countries of the Special Union in order to promote the use of the classification and the unified development of its application; (iii) in particular, promote international cooperation in the reclassification of documents used in the examination of inventiveness, taking into account the needs of developing countries; (iv) take all other measures; (v) have the right to establish subcommittees and working groups. (4) The Expert Committee adopts its own rules of procedure. These rules provide the opportunity to participate in meetings of its subcommittees and working groups of intergovernmental organizations that can perform significant work on improving the classification referred to in Paragraph(2) (a). (5) proposals to amend the classification may be made by the Competent Authority of any country of the Special Union, the International Bureau, (2) any intergovernmental organization submitted to the expert committee in accordance with Paragraph (A), and any other organization specially convened by the expert committee to make such proposals. Proposals are sent to the International Bureau, which sends them to the members and observers of the expert committee at least two months before the start of the session of the Expert Committee, where these proposals should be considered. (6) (A) Each member country of the expert committee shall have one vote. (b) the committee of experts shall make its decisions by a simple majority of votes of visitors and participants to vote from countries. (C) a majority of three-quarters of the votes of visitors and participants in voting from countries is required to make any decision that is evaluated by one-fifth of visitors and participants in voting as a decision that leads to a change in the basic structure of the classification or creates significant work on reclassification. (d) the votes of abstainers are not counted.

Article 6 notification and entry into force and publication of amendments and other decisions

(1) each decision of the expert committee regarding the adoption of amendments to the classification and the recommendations of the expert committee shall be notified by the International Bureau of the competent authorities of the countries of the special union. The changes will take effect six months after the date of sending the notification. (2) The International Bureau shall include the changes that have entered into force in the classification. Reports of changes are published in periodicals specified in Article 7, established by the Assembly.

Article 7 Assembly of the special union

(1) (A) the Special Union shall have an assembly composed of the special Union countries. (B) the government of each country of the special union shall be represented by a single delegate, with deputies, advisers and experts; (c) any intergovernmental organization referred to in Article 5(2) (A) shall act as an observer to the meetings of the Assembly, and if the Assembly decrees, then may be nominated to such committees and working groups (b) the costs of each delegation are borne by the government that appointed it. (2)(A) the Assembly, taking into account the provisions of Article 5, shall: (i) consider all matters subject to the preservation and development of the Special Union and the application of this Agreement; (ii) give instructions to the International Bureau regarding the preparation of the review conference; (iii) review and approve the reports and services of the director-general; (v) approves the financial regulations of the special union; (vi) decides in which languages the official text of the classification should be developed, except for English and French and the languages mentioned in Article 3(2); (vii) establishes the committees and working groups that it deems necessary to implement the purpose of the special union; (viii) (1), taking into account the provisions of paragraph (C), determines which countries and which intergovernmental and international non-governmental organizations that are not members of the special union shall be sent as observers to its meetings, as well as to meetings of any committee and working group established by it; (IX) shall carry out any other appropriate actions aimed at achieving the purpose of the Special Union; (X) perform other functions arising from this Agreement. (b) decisions shall be made by the Assembly, hearing the opinion of the organization's Coordination Committee on matters of interest to other unions, the administration of which is carried out by the organization. (3) (A) each member country of the Assembly shall have one vote. (b) half of the member countries of the Assembly make up the Quorum. (C) the Assembly may make a decision in the absence of a quorum, however, all such decisions of the Assembly, with the exception of decisions of its procedure relating to its own principles, shall enter into force only if the conditions listed below are met. The International Bureau shall send these decisions to the member countries of the Assembly that are not presented there, and shall invite them to inform in writing that they will vote for, against, or abstain from these decisions within a period of three months from the date of the decision. If, after the expiration of this period, the number of countries that voted in such a sequence or reported abstentions reaches the amount that was not enough to reach the quorum at the session itself, such decisions will come into force if the required majority is maintained at the same time. (d) taking into account the provisions of Article 11 (2), The Assembly shall make its decisions by two-thirds of the votes cast. (E) the votes of abstainers are not taken into account. (f) A delegate represents only one state and may vote only on its behalf. (4) (A) the Assembly shall be convened for a regular session, except in exceptional cases, once every three years, at the same time and at the location of the General Assembly of the organization, with the convocation of the director-general. (B) the Assembly shall meet at an extraordinary session convened by the director-general at the request of a quarter of the member countries of the assembly. (C) the CEO prepares the agenda for each session. (5) the Assembly shall adopt its principles of procedure.

Article 8 International Bureau

(1) (A) the administrative duties of the special union are carried out by the International Bureau.  (b) the international bureau, in particular, prepares meetings and performs the functions of the Secretariat of the Assembly, the committee of experts, and other such committees and working groups that may be formed by the Assembly or the committee of experts. (C) the director-general is the chief official of the special union and represents the special union. (2) the director-general and any employee appointed by him as a member shall attend all meetings of the Assembly, expert committee and other similar working groups that may be formed by the Assembly or expert committee without the right to vote. The secretary of these bodies is the general director or member employee appointed by him / her. (3) (A) the International Bureau prepares a review conference in accordance with the Assembly's guidelines. (b) The International Bureau may consult with intergovernmental and international non-governmental organizations in the preparation of revision conference issues. (C) the director general and the persons appointed by him shall participate in the work of review conferences without the right to vote. (4) the International Bureau shall perform any other duties assigned to it.

Article 9 finances

(1) (A) will be the budget of the special union.  (b) the budget of the special union consists of the own revenues and expenses of the Special Union, the contribution of the budget of its expenses common to the unions, as well as, in appropriate cases, contributions to the budget of the Conference of the organization. (C) general expenses for unions are expenses related not only to this special union, but also to one or more other unions, the administration of which is carried out by the organization at the same time. The share of the special union in this total expenditure corresponds to its interest in these expenditures. (2) the requirements for coordinating the administration of the budget of the special union with the budgets of other unions carried out by the organization shall be adopted, taking into account accordingly. (3) the budget of the special union consists of the following sources: (i) contributions from the countries of the special union; (ii) fees and payments for services provided by the International Bureau belonging to the special union; (iii) proceeds from the sale of publications of the International Bureau belonging to the Union and the transfer of rights to such publications; (iv) donations, inheritance funds and; (v) financed from rent, interest and other income. To determine the contribution referred to in paragraph(4) (a) (3) (i), each country of the special union belongs to the same class as it belongs to in the Paris Union for the protection of industrial property and pays its annual contribution based on the number of units of the same name established for this class of the Paris Union. (b) the annual contribution of each country of the special union is equal to the amount to be attributed to the total amount of contributions of all countries payable to the budget of the Special Union, as the number of its units relates to the total number of units of all countries payable. (C) the contribution must be paid from the first of January of each year. (d) a country in arrears in payment of contributions loses the right to vote in any body of the special union if the amount of its arrears is equal to or exceeds the amount of contributions to be paid from it in the last two full years. However, any body of the special union may allow such a country to continue to exercise its right to vote in this body until it is convinced that the delay in payment has occurred as a result of special and inevitable circumstances. (E) if the budget is not adopted before the start of a new financial period, then the budget operates at the level of the previous year, in accordance with the procedure provided for by the financial regulations. (5) on behalf of the special union, the amount of appropriate fees and fees for services rendered by the International Bureau shall be determined by the director general, who shall report it to the Assembly. (6) (A) the Special Union shall have a working capital fund composed of a one-time payment, which shall be introduced by each country of the special union. If the working capital fund is insufficient, the Assembly decides to increase it. (b) the amount of the initial payments of each country, the contribution to the said fund or its share in the increase of this fund corresponds to the contribution of that country in the year the fund was created or a decision was made to increase it. (c) this combination and terms of payment shall be established by the Assembly after hearing the opinion of the organization's Coordination Committee on the recommendation of the CEO. (7) the headquarters agreement with the country in whose territory the organization has its headquarters provides for the provision of advances by this country in cases where the working capital fund remains insufficient. The amount of these advances and the conditions provided are in each case the form of a special agreement concluded between such a country and an organization. (B) an organization such as the country referred to in subparagraph (A) has the right to cancel the obligation to provide advances by written notification. Cancellation takes effect three years after the end of the year in which the notification was sent. (8) the financial audit shall be carried out by external auditors appointed by the Assembly in accordance with the principles of the financial regulations of one or more countries of the special union or with their consent.

Article 10 revision of the agreement

(1) this Agreement may be reviewed from time to time at special conferences of the countries of the special union. (2) the decision to convene a review conference shall be made by the Assembly. (3) amendments to Articles 7, 8, 9 and 11 may be adopted at the revision conference or in accordance with the provisions of Article 11.

Article 11 amendments to some provisions of the agreement

(1) proposals to amend Articles 7, 8, 9 and this article may be made by any country of the Assembly or by the director general. Such proposals are sent by the director general to the countries of the special union at least six months before their consideration by the Assembly. (2) amendments to the articles provided for in Paragraph 1 shall be adopted by the Assembly, which requires a three-quarters majority of the votes cast; however, any amendment to Article 7 and this paragraph shall be adopted by a majority of four-fifths of the votes cast. (3) (a) Any amendment to the articles referred to in paragraph (1) shall enter into force one month after the Director General has received three-quarters of the countries that have become members of the special Union a written notification of its acceptance, carried out in accordance with the constitutional procedure of each country. (b) any amendment to the specified articles adopted in this way is binding on all countries that are members of the Assembly at the time of entry into force of the amendments; however, any amendment that increases the financial commitment of the countries of the special union is binding only on those countries that have announced their adoption of such an amendment. any amendment adopted in accordance with the provisions of subparagraph (C) (A) is binding on all countries that become members of the special union after the date of entry into force of the said Amendment in accordance with the provisions of subparagraph (a).

Article 12 participation in the agreement

(1) any country party to the Paris Convention on the protection of industrial property may become a party to this agreement by: (i) signing the agreement with the depositary transfer of the Certificate of ratification or (ii) Depositary transfer of the act of accession to the agreement. (2) the Certificate of ratification or act of accession shall be deposited with the director general. (3) the provisions of Article 24 of the Stockholm act of the Paris Convention for the protection of industrial property shall apply to this Agreement. (4) paragraph 3 shall not be interpreted as a tacit recognition or acceptance by any country of the Special Union expressing a specific situation with respect to the force of the clause specified in the territory of other countries applying this Agreement.

Article 13 entry into force of the agreement

(1) (A) certificates of ratification or acts of accession to this Agreement: (i) two-thirds of the countries participating in the European Convention on the date of opening this Agreement for signature and (ii) three countries participating in the Paris Convention for the protection of industrial property, not previously a party to the European Convention, and at least one of them a country whose number of applications for patents or copyright certificates exceeds 40 thousand, the certificate of ratification or act of accession comes into force one year after the date of deposit. (b) this Agreement shall enter into force for them in respect of any country that does not belong to the number of countries in force in accordance with subparagraph (A), unless a much later date is specified in the instrument of ratification and act of accession, one year after notification of its ratification and date of Accession by the director-general. This Agreement shall enter into force on the date specified in this way in respect of that country in the latter case. (c) countries participating in the European Convention ratifying or acceding to this Agreement shall be obliged to cancel the said Convention in respect of these countries if the annulment enters into force no later than the date of entry into force of this Agreement. (2) Approval or accession shall automatically entail the recognition of all provisions established by this Agreement and the acquisition of all privileges.

Article 14 term of the agreement

This Agreement shall have the same validity period as the Paris Convention on the protection of industrial property.

Article 15 revocation

(1) any country of the special union may cancel this agreement by sending a notification to the director-general. (2) the cancellation shall take effect one year after the date of receipt of the notification by the general director. (3) the right of cancellation provided for in this article may not be exercised by any country until five years have elapsed from the date of membership in the special union.

Article 16 signature, languages, notification, Depositary functions

(1) (A) this Agreement shall be signed in a single copy in English and French, and both texts shall be fully consistent. (b) this agreement is open for signature in Strasbourg until September 30, 1971. (C) the original text of this Agreement shall be deposited with the director general after its closure for signature. (2) After consultation with the governments concerned, the official texts shall be developed in Spanish, German, Portuguese, Russian and Japanese, as well as in other languages established by the Assembly. (3) (A) the director-general shall send two copies of the signed, accordingly certified text of this agreement to the governments of all signatory countries and, upon request, to the government of any other country. The director-general also sends one copy certified by him, respectively, to the Secretary-General of the Council of Europe. (b) the director-general shall send two copies of this Agreement, duly certified by him, to the governments of all countries of the special union and, upon request, to the governments of any other country. The director-general also sends one copy certified by him, respectively, to the Secretary-General of the Council of Europe. (C) the director-general shall, upon request, submit to the government of any countries that have signed or acceded to this Agreement a copy of the classification certified by him, respectively, in English or French. (4) the director-general shall register this agreement with the United Nations Secretariat. (5) the Director-General informs the governments of all countries parties to the Paris Convention on the protection of industrial property and the Secretary-General of the Council of Europe: (i) on the signing of; (ii) on the transfer of certificates of ratification and acts of accession for storage; (iii) on the date of entry into force of this Agreement; (iv) on notes on the use of the classification; (v) on the adoption of amendments to this Agreement; (vi) on the dates of entry into force of such amendments; (vii) on the cancellation received.

Article 17 transitional provisions

(1) within two years following the entry into force of this Agreement, countries participating in the European Convention that are not yet members of the special union may, if they wish to do so, exercise the rights of the committee of experts as long as they are members of the special union. (2) within three years following the expiration of the period referred to in Paragraph (1), it may be submitted to the meetings of the expert committees of the countries referred to in paragraph, and, if the said committee issues a resolution, to any subcommittee or working group formed by it as observers. These countries may make changes to the classification in accordance with Article 5(5) during this period and must be notified of the decisions and recommendations of the expert committee in accordance with Article 6(1). (3) within five years after the entry into force of this Agreement, countries participating in the European Convention - but not yet members of the special union-may be nominated as observers to meetings of the Assembly, and, if the Assembly decides, to any committee or working group established by it.

Specialists:

Bagarova Zh.A.,

Zhumanazarova A. B.

President

Republic of Kazakhstan

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