IP

OVERVIEW OF THE REPUBLIC OF KAZAKHSTAN

Having the 9

 largest territory in the world and being the richest in natural resources in Central Asia, the Republic of Kazakhstan is a relatively young and dynamically growing country that gained its independence in 1991. Sharing borders with China, Russia, Kyrgyzstan, Uzbekistan and Turkmenistan, Kazakhstan has been one of the most attractive business and investments destinations in Central Asia.

During the last decades, the Republic has developed a comprehensive legal framework for regulation of intellectual property issues. Kazakhstan joined WIPO in 1991 and since that, has become a member of a number of international IP treaties, including:

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Governing State Authorities for IP issues in Kazakhstan are: the National Institute for Intellectual Property under the Ministry of Justice of the Republic of Kazakhstan, and the Department for Intellectual Property Rights under the Ministry of Justice of the Republic of Kazakhstan (the “Patent Office”).

The legal framework for protection of intellectual property in Kazakhstan, mainly include:

Business

N

ames

Business Names of legal entities are subject to registration in the National Register of Business-Identification numbers. Prior to registration of a business name, to avoid similarity, we recommend applying for a preliminary local database search.

Trademarks

Trademarks Registration is mandatory and takes, approximately, 9-12 months. The registration is valid for 10 years with possible extension for another 10 years period. For instance, during the first quarter of 2017, 2146 trademarks were registered in Kazakhstan.

Patents for Inventions and Utility Models

The difference between these two types of patents is that the invention must be new, industrially applicable, and involve an inventive step, while a utility model must be new and industrially applicable. The term of examination is 1-5 years. If a Patent Decision is issued, the registration fee, publication fee and first annuity fee are payable prior to obtaining a patent. The Invention Patent is valid for 20 years from the date of filing of an application. The patentee must annually pay for maintenance of the patent in force. The first payment is made within 2 months from the date of publication of information about patent issuance.

Currently, the procedure for registration of a utility model in Kazakhstan takes from 7 to 12 months. The utility model registration is valid for 5 years from the date of filing of an application with possible extension for 3 years. A patentee must annually pay for maintenance of the patent in force. The first payment is made within 2 months from the date of publication of information about registration. No substantive examination is undertaken in respect of the utility model application, the patent is granted at the risk and responsibility of the applicant.

Patents for Designs

Formal examination of the patent application for designs takes about 1-3 months, while a substantive examination takes 9 months. A Design Patent is valid for 15 years from the date of filing of an application with possible extension for 5 years. The patentee must annually pay for maintenance of the patent in force. The first payment is made within 2 months from the date of publication of information about patent issuance.

Copyright

Copyright protection covers literary, musical, artistic, photographic and audiovisual works and other related rights. The procedure of registration of a copyright by the Patent Office usually takes about 2 months. The copyright is valid during the lifetime of the author and for 70 years after his death.

Entering

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ational

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hase of PCT Application

The deadline for entering the Kazakh national phase is 31 months from the priority date. The PCT application is processed by the Kazakhstan Patent Trademark Office within the same term as indicated above for national patent applications. A substantive examination of the Kazakh patent application should be requested simultaneously with filing, and the relevant state fee is payable within 3 months from Notification of the Patent Office about the positive decision on formal examination.

International applications are prosecuted in Kazakh or Russian languages. If an international application is filed in any foreign language, the deadline for providing a Kazakh or Russian translation of such application would be 2 months from the date of filing of such application. This term is extendable for 2 months, provided that the relevant state fee is paid. Amendments to the application are acceptable before the Patent Decision is issued.

Payment of annuities is not stipulated for the pending patent applications in Kazakhstan. The first annuities for a patent starting from the 1st year till the year when a Patent Decision is issued, are payable within 2 months from publication of the patent. All next annuities are counted starting from the filing date and are payable before the end of the year.

Enforcement of IP Rights

Right holders in Kazakhstan may take measures to counteract violation either through a pre-trial procedure (by sending a cease and desist letter to the infringer and/or by filing a claim with the state agencies) or at court (by filing a law suit with a Kazakhstan court).

Cases on property and non-property claims against violators involved in any type of commercial activity, including individual entrepreneurs and legal entities, as well as cases on corporate disputes, are considered in Specialized Inter-district Economic Courts. Should a violation of your rights be committed by an individual (not an individual entrepreneur), such case shall be considered by a regular court of trial located at the place of residence of the infringer.

Claims may involve cessation of infringement, compensation of damage and/or destruction of counterfeit goods, as well as all attributes of illegal activity.

In the Republic of Kazakhstan, there are three types of courts of trial: a) Court of Primary Jurisdiction (district and equivalent courts); b) Court of Appeal (regional/oblast and equivalent courts); c) Court of Cassation (Supreme Court of the Republic of Kazakhstan).

Once the claims are satisfied by the court and an order of enforcement issued, you should address a private enforcement agent.

Provided by Legalmax IP Law Firm