Article 1.

Basic Definitions and Terms

For the purposes of this Law:

(1) “Gazette” means an official periodical on industrial property protection matters published by Kazpatent;

(2) “patented industrial property subject matter” means industrial property subject matter for which a title of protection has been granted;

(3) “the exclusive right” means an economic right of the patent owner to use the industrial property subject matter in any way at his discretion;

(4) “license contract” means a contract by virtue of which the patent owner (the licensor) grants, for a specified period of time, the right to use the industrial property subject matter in a specified way to another person (the licensee);

(5) “intellectual property subject matter” means the results of intellectual creative activity and the means of identification of goods and services offered by participants in economic turnover;

(6) “industrial property subject matter” means inventions, utility models and industrial designs;

(7) “titles of protection” means provisional patents, invention patents, industrial design patents and utility model patents granted in conformity with this Law;

(8) “the Paris Convention” means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as amended and supplemented;

(9) “patent agent” means a national who, under the legislation of the Republic of Kazakhstan, is authorized to represent natural persons or legal entities before Kazpatent;

(10) “patent owner” means a person holding a title of protection;

(11) “invention created in the line of duty” means an invention that has been created by the employee while carrying out his duties or specific duties entrusted to him by his employer;

(12) “conditions of patentability” means requirements for the grant of legal protection for industrial property subject matter laid down in this Law.

Article 2.

Relations Governed by this Law

(1) This Law shall govern economic and related moral relations arising out of the creation, legal protection and the use of industrial property subject matter.

(2) The protection of other intellectual property subject matter (e.g. selection achievements, topographies of semiconductor integrated circuits, trademarks, service marks, appellations of origin etc.) shall be governed by special legal enactments.

Article 3.

Scope of this Law

(1) The provisions of this Law shall extend to industrial property subject matter for which Kazpatent has granted titles of protection as well as to industrial property subject matter for which patents has been granted in accordance with international treaties to which the Republic of Kazakhstan is party.

(2) Where the provisions of an international treaty, that has been ratified by the Republic of Kazakhstan, are contrary to the provisions of this Law, the former shall prevail.

Article 4.

Competent State Authority

The national patent Office of the Republic of Kazakhstan (hereinafter referred to as “Kazpatent”) shall, within the terms of this Law, be responsible for the State monopoly in the field of protection of industrial property subject matter, the receiving of applications for industrial property subject matter, examination thereof, the grant of titles of protection, shall publish in the Gazette official information on industrial property subject matter, and shall perform other functions entrusted to a patent Office.

Article 5.

Legal Protection of Industrial Property Subject Matter

(1) The rights in inventions and industrial designs shall be certified by provisional invention patents and provisional industrial design patents, invention patents and industrial design patents, while the rights in utility models shall be certified by utility model patents.

(2) A provisional invention patent or industrial design patent shall be granted after a preliminary examination of the application has been carried out.

An invention patent or industrial design patent shall be granted after the substantive examination of the application has been carried out.

The provisional patent and patent shall certify the priority date of industrial property subject matter, the authorship thereof and the exclusive right to use the industrial property subject matter.

(3) The term of a provisional invention patent shall be five years from the date of receipt of application by Kazpatent. The term may be extended by Kazpatent, at the request of the patent owner, for a period not exceeding three years.

The term of an invention patent shall be 20 years from the date of filing of the application with Kazpatent.

Where the use of a patented invention requires, in accordance with legislation in force, the authorization of a competent authority, the term of the invention patent may be extended by Kazpatent, at the request of the patent owner, for a period not exceeding five years.

The term of a utility model patent shall be five years from the date of filing of the application with Kazpatent. The term may be extended by Kazpatent, at the request of the patent owner, for a period not exceeding three years.

The term of a provisional industrial design patent shall be five years from the date of filing of the application with Kazpatent.

The term of an industrial design patent shall be 10 years from the date of filing of the application with Kazpatent. The term may be extended by Kazpatent, at the request of the patent owner, for a period not exceeding five years.

(4) The scope of the legal protection conferred by an invention patent or utility model patent shall be determined by the claims, while the scope of legal protection conferred by an industrial design patent shall be determined by the sum of its essential features as shown on the photographs of the article (model, design).

The description and drawings may be used for interpretation of an invention or utility model claims.

A title of protection granted for a process of manufacturing a product shall also extend to the product that has been directly manufactured by application of the process.

A product shall be deemed to have been manufactured by application of the patented process unless there is evidence to the contrary.

(5) The right to obtain a title of protection and the rights deriving from the registration of an application, the right of ownership in a title of protection and the rights deriving from a title of protection may be transferred in whole or in part to any natural person or legal entity.

(6) No legal protection shall be granted under this Law for industrial property subject matter that have been declared secret by the State. The appropriate procedure for the handling of secret industrial property subject matter shall be laid down by a special Law.