National Institute of Intellectual Property
“Commercialization Agreements.”
Contract on transfer of exclusive right (assignment)
The exclusive right to the topology may be transferred in full or in part to another person under a contract, as well as transferred in the order of universal legal succession by inheritance and as a result of reorganization of the legal entity - the right holder.
License agreement
Under a license agreement, the right holder (licensor) grants another party (licensee) the right to temporarily use the topology in a certain way.
1) with the licensor retaining the possibility of its use and the right to grant a license to other persons (simple, non-exclusive license);
2) without the licensor retaining the possibility of its use and without the right to grant a license to other persons (exclusive license).
The agreement on assignment of the exclusive right to the topology, license and sublicense agreements shall be concluded in writing.
The agreement on assignment of the exclusive right to the registered topology, license and sublicense agreements shall be subject to registration with the expert organization.
“Registration of agreements on disposal of exclusive rights”
List of documents and information for rendering the state service:
1) the applicant's application for registration of transfer of the exclusive right to TIM under an assignment/partial assignment agreement in electronic form in the forms according to Appendices 2 and 3 to the Rules or granting the right to use TIM under a license agreement, an integrated business license agreement or other agreement that includes the terms of the license agreement in electronic form in the forms according to Appendices 8, 9 and 10 to the Rules;
2) an electronic copy of the agreement on granting the right to use a breeding achievement or a notarized copy of the agreement;
3) electronic copy of the decision of the management bodies of the owner of the protection document or exclusive rights, general meeting of founders or shareholders on the issue of conclusion of the contract and submission of the authority to sign the contract by the head of the enterprise, in case of submission of the application by the national service recipient;
4) electronic copy of the power of attorney in case of application submission through a representative.
Information about the document confirming the payment, the service provider receives from the relevant state information system through the “e-government” gateway.
Term of rendering the public service: within 10 (ten) working days.
The procedure for rendering a public service:https://adilet.zan.kz/rus/docs/V1800017330
Samples of recommended application and contract forms
Application link:https://newcab.kazpatent.kz/
