On approval of the Regulations on the Commission on the Activities of Patent Attorneys

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Order of the Minister of Justice of the Republic of Kazakhstan dated January 28, 2026 No. 95. Registered with the Ministry of Justice of the Republic of Kazakhstan on January 29, 2026 No. 37902

In accordance with subparagraph 2) paragraph 2 of Article 3-1 of the Law of the Republic of Kazakhstan "On Protection of breeding achievements", subparagraph 2) paragraph 2 of Article 4 of the Law of the Republic of Kazakhstan "Patent Law of the Republic of Kazakhstan", subparagraph 2) paragraph 2 of Article 3 of the Law of the Republic of Kazakhstan "On Trademarks, Service Marks, geographical indications and names of places of origin of goods", subparagraph 2) of Article 4 of the Law of the Republic of Kazakhstan "On Legal Protection of Integrated Circuit Topologies" I ORDER:

1. To approve the attached Regulations on the Commission on the Activities of patent attorneys.

2. Invalidate them:

1) Order of the Minister of Justice of the Republic of Kazakhstan dated August 28, 2018 No. 1319 "On Approval of the Regulations on the Attestation Commission" (registered in the Register of State Registration of Regulatory Legal Acts No. 17326);

2) Paragraph 3 of the amendments that are being made to some orders of the Minister of Justice of the Republic of Kazakhstan, approved by Order of the Minister of Justice of the Republic of Kazakhstan dated August 31, 2022 No. 736 (registered in the Register of State Registration of Regulatory Legal Acts No. 29407).

3. The Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:

1) state registration of this order;

2) posting of this order on the official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

4. Control over the execution of this order is entrusted to the supervising Vice Minister of Justice of the Republic of Kazakhstan.

5. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.

Minister of Justice of the Republic of Kazakhstan

E. Sarsembayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan on January 28, 2026 No. 95

Regulations on the Commission on the Activities of Patent Attorneys

Chapter 1. General provisions

1. The Regulation on the Commission on the activities of Patent attorneys (hereinafter referred to as the Regulation) has been developed in accordance with the Law of the Republic of Kazakhstan "On the Protection of Breeding Achievements", the Law of the Republic of Kazakhstan "Patent Law of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "On Trademarks, Service Marks, Geographical Indications and Appellations of Origin", the Law The Law of the Republic of Kazakhstan "On the Legal Protection of Integrated Circuit Topologies" regulates the procedure for the activities of the Commission on the activities of patent attorneys.

2. The following concepts are used in the Regulation:

1) the Appeal Commission is a collegial body under the Ministry of Justice of the Republic of Kazakhstan for the pre–trial consideration of complaints against the decisions of the commission on the activities of patent attorneys;

2) patent attorney is a citizen of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, has been granted the right to represent individuals and legal entities before an authorized body and an expert organization.;

3) the Commission on the activities of patent attorneys (hereinafter referred to as the Commission) is a commission established under the Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan.;

4) expert organization – Republican State Enterprise on the right of economic management "National Institute of Intellectual Property" of the Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan;

5) the parties are individuals and (or) legal entities, as well as patent attorneys involved in the consideration of complaints and applications by the Commission;

6) the authorized body is the Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Committee).

3. In its activities, the Commission is guided by the Constitution of the Republic of Kazakhstan, international treaties and laws of the Republic of Kazakhstan, other regulatory legal acts, as well as the Regulations.

4. The tasks of the Commission are to consider complaints from individuals and legal entities against the actions of patent attorneys submitted to the authorized body, to consider applications from patent attorneys regarding the suspension of the activities of a patent attorney, exclusion from the register of patent attorneys, revocation of a patent attorney's certificate and cancellation of information in the register of patent attorneys, as well as compliance with the principles of legality, fairness, impartiality, objectivity, transparency, openness, transparency in the consideration of these complaints and applications.

Chapter 2. Powers of the Commission

5. The Commission, within its competence:

1) requests and receives from the parties information and documents necessary for the performance of assigned tasks, including evidence, screenshots, reviews, certificates, contracts and other materials;

2) involve relevant specialists from government agencies, staff of an expert organization, representatives of the Chamber of Patent Attorneys to consider issues, as well as organize working meetings, if necessary;

3) involve representatives of non-governmental organizations in the meetings of the Commission on issues within their competence;

4) hears representatives of the parties at meetings and asks them questions.

6. Chairman of the Commission:

1) carries out the general management of the Commission's activities;

2) plans the work of the Commission, determines the schedule of meetings, the place and time of their holding;

3) convenes and chairs meetings of the Commission;

4) ensures compliance with the regulated procedures and deadlines for reviewing materials.

7. Members of the Commission:

1) get acquainted with the submitted materials and evidence;

2) consider issues to be resolved at a meeting of the Commission in accordance with the legislation of the Republic of Kazakhstan in the field of intellectual property;

3) participate in the discussion and voting on the decisions taken;

4) if necessary, request additional materials for an objective examination of the case.

8. Secretary of the Commission:

1) notify the members of the Commission and the parties of the date, time and place of the Commission meeting;

2) prepares materials for the meeting, including the collection and systematization of documents and evidence;

3) draws up the minutes of the Commission meetings;

4) is not a member of the Commission and does not participate in the voting.

Chapter 3. Organization of the Commission's activities

9. The composition of the Commission is approved by the order of the Minister of Justice of the Republic of Kazakhstan or the person replacing him. The composition of the Commission is odd and has at least seven members from the staff of the Committee and the expert organization.

10. The Commission may not include:

1) spouses, close relatives (parents, children, adoptive parents, adopted children, full- and half-siblings, grandfathers, grandmothers, grandchildren) or relatives (persons with common ancestors before great-grandparents) of members of the Commission or the parties in accordance with subparagraphs 13) and 36) Article 1 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family";

2) employees of the expert organization who were directly involved in the procedures related to the case under consideration.

11. Replacement of any member of the Commission is possible in the case of:

1) self-recusal or recusal, declared by the participants of the meeting of the Commission, in connection with a conflict of interests;

2) absence due to temporary disability, being on vacation or on a business trip.

12. The Chairman of the Commission is the Chairman of the Committee. In the absence of the Chairman of the Commission, his functions are performed by the Deputy Chairman of the Commission.

13. The functions of the Commission are:

1) receiving and registering complaints and applications from individuals and legal entities;

2) the formation of materials for review, including the collection of evidence (screenshots, reviews, certificates, contracts, etc.);

3) preparation and holding of meetings of the Commission, notification of the parties;

4) review of the circumstances related to the activities of the patent attorney;

5) making a decision based on the results of the review in accordance with paragraph 15 of the Regulation.

14. For the period of consideration by the Commission of a complaint received by an individual and (or) a legal entity, the validity of the patent attorney's certificate is suspended by a protocol decision of the Commission in order to clarify the circumstances until the relevant decision is made within three months, which is noted in the register of patent attorneys.

15. The Commission makes protocol decisions on the following issues:

1) suspension of the activities of the patent attorney:

based on the application of the patent attorney;

if there is a restriction to engage in entrepreneurial activity in accordance with the laws of the Republic of Kazakhstan, as well as assignment to employees of the authorized body and its subordinate organizations.;

for the period of consideration of complaints by individuals and (or) legal entities against the actions of the patent attorney in accordance with paragraph 14 of the Regulation.

If the grounds are eliminated, the activity is resumed by a protocol decision within ten working days.

2) exclusion of the patent attorney from the register of patent attorneys:

based on a personal statement;

upon termination of citizenship or departure from the Republic of Kazakhstan;

if you have been out of business for more than five years;

upon entry into force of a court verdict for a crime;

in case of death, unknown absence or incapacity;

based on the results of consideration of complaints or representations of the Chamber of Patent Attorneys.

3) revocation of the certificate and cancellation of information in the register of patent attorneys in cases stipulated by the legislation of the Republic of Kazakhstan in the field of intellectual property.

16. The functions of the Commission's working body are assigned to the Committee, which coordinates the work of the Commission members and ensures the collection and analysis of materials, including evidence.

17. Meetings of the Commission are held as necessary, but at least once a quarter, in accordance with the schedule approved by the Chairman of the Commission. The materials are brought to the members of the Commission no later than five working days before the meeting.

18. Meetings of the Commission are considered valid in the presence of at least two thirds of the members. The decision is made by an open vote with a simple majority of votes from the number of those present.

19. The Commission's decision is set out in writing and consists of introductory, descriptive, motivational and resolute parts.

20. The decision is signed by all members of the Commission and sent to the parties who participated in the meeting of the Commission within fifteen working days.

21. The Commission may leave a complaint or application without consideration at the request of the person who filed the complaint or application, or if he fails to attend a meeting of the Commission upon a second summons.

The non-appearance of the patent attorney against whom the complaint has been filed is not a reason for leaving the complaint without consideration.

22. A complaint may be filed with the Appeals Commission against the Commission's decision.

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