On Approval of the Rules for Reviewing Complaints against decisions of the Commission on the Activities of Patent Attorneys
Order of the Minister of Justice of the Republic of Kazakhstan dated January 28, 2026 No. 96. Registered with the Ministry of Justice of the Republic of Kazakhstan on January 29, 2026 No. 37904
In accordance with paragraph 5 of Article 22-6 of the Law of the Republic of Kazakhstan "On the Protection of breeding achievements", paragraph 5 of Article 36-2 of the Law of the Republic of Kazakhstan "Patent Law of the Republic of Kazakhstan", paragraph 5 of Article 46-2 of the Law of the Republic of Kazakhstan "On Trademarks, Service Marks, Geographical Indications and Appellations of Origin of Goods", paragraph 5 of Article 15-2 of the Law Of the Republic of Kazakhstan "On the legal protection of integrated Circuit Topologies" I ORDER:
1. To approve the attached Rules for Reviewing Complaints against decisions of the Commission on the Activities of Patent Attorneys.
2. 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.
3. Control over the execution of this order is entrusted to the supervising Vice Minister of Justice of the Republic of Kazakhstan.
4. 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. 96
Rules for reviewing complaints against decisions of the Commission on the activities of patent attorneys
Chapter 1. General provisions
1. The Rules for reviewing complaints against the decision of the Commission on the activities of patent attorneys (hereinafter referred to as the Rules) have 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 of the Republic of Kazakhstan "On the Legal Protection of Integrated Circuit Topologies", the Regulations on the Appeals Commission (hereinafter – Regulations) and determine the procedure for consideration by the appeals commission (hereinafter referred to as the Commission) of complaints against the decision of the commission on the activities of patent attorneys.
2. The following concepts are used in the Rules:
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) the working body of the Commission is the Committee on Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Committee);
3) interested person – a person whose rights, freedoms or legitimate interests are affected or may be affected by an administrative act, administrative action (inaction);
4) applicant – a person who has filed a complaint with an authorized body, an official for the implementation of an administrative procedure, as well as a person in respect of whom an administrative act is being adopted, an administrative act (inaction) is being committed (addressee of the administrative act);
5) 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 the authorized body and an expert organization.;
6) commission on the activities of patent attorneys – a commission established under the Committee;
7) 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;
8) the parties – the applicant and the interested person;
9) authorized body – the Ministry of Justice of the Republic of Kazakhstan;
10) complaint – a form of appeal containing a request from a participant in an administrative procedure to restore or protect the rights, freedoms or legitimate interests of him or others who have been violated by an administrative act, administrative action (inaction).
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 these Rules and Regulations.
4. The tasks of the Commission are to consider complaints from individuals and legal entities against the decisions of the commission on the activities of patent attorneys, as well as compliance with the principles of legality, fairness, impartiality, objectivity, publicity, openness, transparency in the consideration of these complaints.
Chapter 2. Procedure for reviewing complaints against decisions of the Commission on the activities of patent attorneys
5. Complaints from individuals and legal entities against the Commission's decisions on the activities of patent attorneys are submitted to the Commission.
6. The complaint is submitted in any written (paper or electronic) form in Kazakh or Russian through the office of the authorized body. The materials attached to the complaint must be submitted in Kazakh or Russian.
7. The complaint states:
1) the name of the body considering the complaint;
2) last name, first name, patronymic (if it is indicated in the identity document), individual identification number (if any), postal address of an individual or the name, postal address, business identification number of a legal entity (if any);
3) the address of the actual residence of the individual and the location of the legal entity;
4) the name of the administrative body or official whose administrative act or administrative action (inaction) is being appealed;
5) the circumstances on which the participant in the administrative procedure bases his claims and evidence;
6) the date of filing the complaint;
7) signature of the participant in the administrative procedure;
8) the list of documents attached to the complaint;
9) other information provided by the legislation of the Republic of Kazakhstan.
8. On the day of receipt, the complaint is registered by the working body of the Commission and an incoming number is assigned to it. If the applicant applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the complaint documents are accepted on the following business day.
9. Within ten working days from the date of receipt of the complaint, compliance with the requirements established by the laws of the Republic of Kazakhstan in the field of intellectual property and the Rules for the design, content and procedure for filing a complaint is checked.
10. If the necessary materials are not available to the applicant within ten working days, a notice of refusal to accept the complaint for consideration is sent. In case of repeated filing after the elimination of the circumstances that served as the basis for the return, the applicant's complaint is considered in the general procedure.
11. He refuses to accept the complaint for consideration if:
1) the complaint is not subject to consideration by the Commission;
2) the complaint has not been signed or signed by a person who does not have the authority to sign it.;
3) the complaint has been filed in violation of the established deadline and the possibility of extending and restoring the specified period has been lost;
4) the applicant has not eliminated the shortcomings regarding the requirements for the registration, content and procedure of the complaint within the prescribed period.
In the presence of these circumstances, the applicant is notified within ten working days that the complaint cannot be accepted for consideration and is considered unsubstantiated.
12. After accepting the complaint for consideration (if there is an interested person), the interested person (patent attorney) is notified of the receipt of the complaint with a copy of the complaint and materials attached.
13. The applicant may withdraw the complaint before the announcement of the decision by the Commission.
14. Complaints are considered by the Commission within twenty working days from the date of their acceptance for consideration.
15. The meetings of the Commission are held in person and/or remotely.
16. The parties and a representative of an expert organization (if necessary) participate in the consideration of the complaint.
The parties may participate in the consideration of the complaint personally, as well as through their representative. The representative's authority is confirmed by a power of attorney.
Employees of the authorized body and the expert organization may not be representatives of these persons.
17. The Commission reschedules the date of the meeting in the following cases::
1) non-appearance of the parties, except for the case when they file a petition for consideration of the complaint without his participation;
2) petitions of the applicant about the need for time to provide additional evidence.
18. Consideration of the complaint on its merits begins with the chairman.
19. Further consideration of the case is conducted in the following sequence:
1) the secretary's statement on the consideration of the complaint;
2) the statement of the person who filed the complaint and (or) his representative;
3) the speech of the person concerned and (or) his representative (if any);
4) presentation by a representative of an expert organization (if necessary);
5) the parties' answers to the questions of the Commission members.
20. Persons participating in the consideration of the complaint:
1) get acquainted with the case materials, make extracts from them, order and receive copies of them;
2) present evidence;
3) participate in the examination of evidence;
4) ask questions to the members of the Commission;
5) submit petitions;
6) provide oral and written explanations to the members of the Commission;
7) signature of the participant in the administrative procedure;
8) the list of documents attached to the complaint;
9) other information provided by the legislation of the Republic of Kazakhstan.
8. On the day of receipt, the complaint is registered by the working body of the Commission and an incoming number is assigned to it. If the applicant applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the complaint documents are accepted on the following business day.
9. Within ten working days from the date of receipt of the complaint, compliance with the requirements established by the laws of the Republic of Kazakhstan in the field of intellectual property and the Rules for the design, content and procedure for filing a complaint is checked.
10. If the necessary materials are not available to the applicant within ten working days, a notice of refusal to accept the complaint for consideration is sent. In case of repeated filing after the elimination of the circumstances that served as the basis for the return, the applicant's complaint is considered in the general procedure.
11. He refuses to accept the complaint for consideration if:
1) the complaint is not subject to consideration by the Commission;
2) the complaint has not been signed or signed by a person who does not have the authority to sign it.;
3) the complaint has been filed in violation of the established deadline and the possibility of extending and restoring the specified period has been lost;
4) the applicant has not eliminated the shortcomings regarding the requirements for the registration, content and procedure of the complaint within the prescribed period.
In the presence of these circumstances, the applicant is notified within ten working days that the complaint cannot be accepted for consideration and is considered unsubstantiated.
12. After accepting the complaint for consideration (if there is an interested person), the interested person (patent attorney) is notified of the receipt of the complaint with a copy of the complaint and materials attached.
13. The applicant may withdraw the complaint before the announcement of the decision by the Commission.
14. Complaints are considered by the Commission within twenty working days from the date of their acceptance for consideration.
15. The meetings of the Commission are held in person and/or remotely.
16. The parties and a representative of an expert organization (if necessary) participate in the consideration of the complaint.
The parties may participate in the consideration of the complaint personally, as well as through their representative. The representative's authority is confirmed by a power of attorney.
Employees of the authorized body and the expert organization may not be representatives of these persons.
17. The Commission reschedules the date of the meeting in the following cases::
1) non-appearance of the parties, except for the case when they file a petition for consideration of the complaint without his participation;
2) petitions of the applicant about the need for time to provide additional evidence.
18. Consideration of the complaint on its merits begins with the chairman.
19. Further consideration of the case is conducted in the following sequence:
1) the secretary's statement on the consideration of the complaint;
2) the statement of the person who filed the complaint and (or) his representative;
3) the speech of the person concerned and (or) his representative (if any);
4) presentation by a representative of an expert organization (if necessary);
5) the parties' answers to the questions of the Commission members.
20. Persons participating in the consideration of the complaint:
1) get acquainted with the case materials, make extracts from them, order and receive copies of them;
2) present evidence;
3) participate in the examination of evidence;
4) ask questions to the members of the Commission;
5) submit petitions;
6) provide oral and written explanations to the members of the Commission;
7) present their arguments and considerations on all issues that arise during the consideration of the complaint;
8) submit objections to the petitions, arguments and considerations of other persons participating in the case.
21. The persons participating in the case shall exercise all their rights in good faith.
22. The Commission makes a decision:
1) on the satisfaction of the complaint against the decision of the commission on the activities of patent attorneys;
2) the refusal to satisfy the complaint against the decision of the commission on the activities of patent attorneys;
3) partial satisfaction of the complaint against the decision of the commission on the activities of patent attorneys.
The Commission, on its own initiative, does not change the subject or the basis of the complaint.
23. All members of the Commission enjoy equal rights when considering a complaint. The Commission's decision is made by a simple majority of the votes of the members present; if the votes are equal, the Chairman's vote is decisive.
The Chairman announces the operative part of the adopted decision to the persons participating in the consideration of the complaint.
24. The adopted decision is sent to the persons who participated in the consideration of the complaint within fifteen working days from the date of its issuance. The Commission's decision is set out in writing and consists of introductory, descriptive, motivational and resolute parts.
The decision is signed by all members of the Commission.
25. The Commission leaves the complaint without consideration at the request of the applicant. The decision to leave the complaint without consideration is formalized by the minutes of the Commission meeting.
26. The Commission's decision is drawn up in a protocol and can be appealed to the court.
27. The Commission leaves the complaint without consideration if:
1) the applicant, duly notified of the time and date of the meeting of the Commission, who did not announce the consideration of the complaint in his absence, did not attend the meeting of the Commission on a second summons.;
2) there is a motion by the person who filed the complaint to withdraw his complaint.
28. The decision to dismiss the complaint without consideration is recorded in the minutes of the Commission meeting.
29. Video recording is conducted during each meeting of the Commission, with the exception of the impossibility of using it for technical reasons.
30. The use of video recording equipment during the meeting of the Commission is carried out continuously. The interruption of video recording means is not considered an interruption from the moment when those present at the meeting announce a break or the removal of the parties to make a decision until the moment of its announcement.
31. The use of video recording equipment to record the progress of the Commission's meetings is carried out by the secretary of the meeting.
32. Before the start of the meeting of the Commission, the secretary checks the operability of the video recording equipment that ensures the recording of the meeting.
33. If it is impossible to use video recording equipment, the secretary reports this to the Chairman, indicating the reasons for not using video recording in the protocol. After the end of the Commission meeting, the Secretary informs the Information Technology Officer of the Ministry of Justice about the technical problems of the video recording equipment.
34. The inability to use video recording equipment for objective reasons does not exclude the continuation of the Commission meeting.
35. The secretary provides video recording of the meeting by means of video recording, as well as recording a copy on a tangible (electronic) medium in one copy, which is attached to the case file with an indication in the inventory after the protocol.
36. The use of video recording equipment at the meeting is indicated in the protocol of the Commission, which notes the name of the file containing the video recording.
37. A tangible (electronic) medium containing the video recording shall be attached to the case file in a packaged form (envelope) with the protocol number, date of the Commission meeting, and signature of the secretary indicated on the package.
38. If it is impossible to further record the course of the meeting by means of video recording, this is announced to the members of the Commission.
39. If, due to technical problems, video recording is not possible, or it is revealed that the video recording of the Commission meeting was not actually carried out, an act is drawn up.
40. The Act is signed by the Secretary, the Chairman and the members of the Commission and is attached to the minutes of the Commission.
41. The suspension or correction of the video recording of the meeting is not allowed, except in cases of technical fragmentation of the video recording or a change in its format.
42. The secretary shall ensure the safety of a copy of the video recording of the Commission meeting attached to the case file before transferring the case to the archive.
43. When accepting a case, the archivist checks the availability of a copy of the video recording of the meeting on a tangible (electronic) medium attached to the case file.
44. Video recordings of the Commission meetings are kept for at least one (1) year.
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