In accordance with the Kazakh patent legislation the License Agreement shall be subject to official registration. Failure to meet the requirement on official registration shall entail the invalidity of the License Agreement. Besides, a license is not recorded for a pending case and can be registered only upon issuance of the Kazakh patent.
The documents required for the recordal of a license in respect of one Kazakh patent are as follows:
1) one original OR one notarized copy of the License Agreement, which should be signed and stamped by the parties with specifying authorized persons' names and corporate positions (preferably Director/CEO/Manager); in absence of a company stamp the document should be notarized. Instead of original or notarized copy it is also possible to provide the Kazakh Patent Office with one notarized extract from the License Agreement;
2) one original Power of Attorney from the Licensor, which should be signed and stamped with specifying authorized person's name and corporate position; notarization or legalization is not required, unless it is signed by an authorized signatory;
3) one original Power of Attorney from the Licensee, which should be signed and stamped with specifying authorized person's name and corporate position; notarization or legalization is not required, unless it is signed by an authorized signatory.
The License Agreement must be filed for recordation in Kazakhstan within 6 months from execution thereof.
The recordal of a license agreement in Kazakhstan usually takes about 4 months from filing a corresponding request.
The License Agreement should contain the following data:
- parties to the Agreement (names and addresses);
- subject of the Agreement (patent number and title);
- scope of rights of the Licensee under the Agreement (production, exploitation, import, offer for sale, sale, etc.);
- type of license;
- term of the Agreement;
- special conditions of the Agreement, including possibility of granting sublicenses;
- sum of remuneration under the Agreement;
- territory of the Agreement.
