On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of Industrial Property Protection

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of Industrial Property Protection

Law of the Republic of Kazakhstan dated December 30, 1999 No. 26

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of industrial property protection, signed in Baku on October 23, 1998.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of industrial property protection

 (Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 1, art. 4) (Entered into force on January 18, 2000 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 181)

The Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan, hereinafter referred to as the Parties, taking into account the historically established relations between the two states, wishing to develop trade, economic, scientific and technical cooperation, recognizing that effective and adequate protection of industrial property is a prerequisite for the development of such cooperation, realizing the need to create mutually favorable conditions for this purpose to protect the rights of authors and owners of industrial property, have agreed on the following:

Article 1

For the purposes of this Agreement, industrial property includes rights related to: - inventions, utility models; - industrial designs; - trademarks; - service marks; - trade names; - indications of origin or appellation of origin.

Article 2 The Parties shall carry out and develop cooperation in the field of protection and use of industrial property rights on the basis of mutual benefit and equality in accordance with this Agreement and other international treaties to which they are or will be parties.

 Article 3 Cooperation between the Parties will be aimed at: resolving issues related to the protection and use of industrial property rights; mutual simplification of the procedure for submitting applications for the issuance of security documents from applicants of the Republic of Kazakhstan in the Republic of Azerbaijan and applicants of the Republic of Azerbaijan in the Republic of Kazakhstan; exchange of information, regulatory and other documents, as well as experience in the field of industrial property protection.  

Article 4 In the field of industrial property protection, individuals and legal entities of the State of one of the Parties will enjoy in the territory of the State of the other Party the same rights and advantages that are currently granted or will be granted by the national legislation of the State of the other Party to its own individuals and legal entities, using the same legal remedies on the same grounds and in the same the volume. At the same time, in matters not regulated by this Agreement, the Parties will apply the provisions of the Paris Convention for the Protection of Industrial Property, adopted on March 20, 1883, revised in Stockholm on July 14, 1967 and amended on October 2, 1979.  

Article 5 The Parties recognize that any natural or legal person of the Republic of Kazakhstan and the Republic of Azerbaijan retains the right to use an invention or industrial design without entering into a license agreement, if the use of this invention or industrial design lawfully began before the date when other persons filed an application for a national patent for an invention or industrial design for which copyright was previously granted a certificate or a certificate of the USSR. In this case, remuneration is paid to the authors in accordance with the procedure established by the national legislation of the State in whose territory the specified invention or industrial design is used or will be used.  

Article 6 Each of the Parties will take the necessary measures to ensure: recognition of the validity on the territory of its state of previously issued USSR protection documents for industrial property; payment of remuneration to the authors for the use of inventions and industrial designs protected by copyright certificates and certificates of the USSR, in accordance with the national legislation of the state in which the specified use took place.; granting applicants from both States and their patent attorneys the right, along with filing applications for the issuance of national protection documents, to file petitions for the conversion of USSR copyright certificates for inventions and USSR certificates for industrial designs into national protection documents for the remainder of their validity.

 Article 7 The Parties undertake to include in the bilateral agreements on economic, industrial, scientific and technical cooperation being prepared provisions on ensuring the protection of industrial property.

 Article 8 When filing applications for the issuance of protection documents, obtaining protection documents and maintaining them in force, patent attorneys of both States may, on the basis of the principle of reciprocity, conduct business directly with the patent offices of these States, while representing only the interests of national applicants. National applicants of the State of one of the Parties, in accordance with the procedure determined by its national legislation, are also granted the right, on the basis of the principle of reciprocity, to conduct business on obtaining protection documents and maintaining them in force directly with the patent office of the State of the other Party.

Article 9 The Parties recognize that a prerequisite for filing an application for the issuance of a security document by an applicant from another State is the provision of a document confirming the applicant's compliance with the requirements of national legislation regarding the procedure for foreign patenting of industrial property.

 Article 10 Payment of fees for filing applications, issuing security documents, maintaining them in force and performing other legally significant actions related to the protection and use of industrial property, as well as making payments for the provision of other services, shall be made in the currency and amounts provided for by the national legislation of the States of the Parties for the payment of duties and payments by national applicants at the exchange rate established by the competent authorities of the States of the Parties.  

Article 11 All documents sent by the Parties to each other during the implementation of this Agreement shall be submitted in Russian.  

Article 12 In case of disagreements on issues arising from this Agreement or related to its implementation, the representatives of the Parties will hold appropriate consultations and make the necessary efforts to achieve a settlement of these differences.

 Article 13 of this Agreement does not prevent the Parties from participating in bilateral and multilateral cooperation with other States in the field of industrial property protection.  

Article 14 Responsible for the implementation of this Agreement are: in the Republic of Kazakhstan - the Republican State Enterprise for Patents and Trademarks of the Ministry of Energy, Industry and Trade of the Republic of Kazakhstan (Kazpatent), in the Republic of Azerbaijan - the Patent and Licensing Department of the State Committee for Science and Technology of the Republic of Azerbaijan. The procedure and conditions for cooperation between the authorized bodies of both States will be determined by special agreements between them.  

Article 15 This Agreement shall enter into force on the date of receipt of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force, and will be valid for five years and automatically extended for subsequent five-year periods, unless either Party notifies at least six months before the expiration of the next period of its validity. to notify the other Party in writing of its intention to terminate this Agreement. Termination of this Agreement will not affect the validity of security documents that have been issued or may be issued to individuals and legal entities of both States on applications submitted during the period of validity of this Agreement.

This Agreement may be amended and supplemented, which are formalized by a Protocol that is an integral part of it and enters into force in accordance with the provisions of this article.

Done in Baku on October 23, 1998, in two copies each in the Kazakh, Azerbaijani and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of this Agreement, the Parties will be guided by the text in Russian.

President

Republic of Kazakhstan

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