RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/26
22 September 2000
(00-3793)
Working Party on the
Accession of KazakstanOriginal:  English
ACCESSION OF KAZAKSTAN
Information on Industrial Property Rights in the Republic of Kazakstan
The Ministry of Economy of the Republic of Kazakstan has submitted the following
information.
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Trade Marks, Service Marks and Geographical Indications
On 26 July 1999, the Parliament of Republic of Kazakstan adopted the new Law of the
Republic of Kazakstan " On Trade Marks, Service Marks and Appellations of Places Origin of Goods
", in which all requirements of Articles 15-24 of the Agreement on Trade Related Aspects of
Intellectual Property (TRIPS) were taken into account.
Thus, the requirements of Articles 22 and 23 of TRIPS Agreements, concerning the protection
of the geographical indications, including geographical indications for wines and strong beverages
have been included in the Trade Mark Law .
Along with the civil and legal responsibility for infringements of rights of owners of trade
marks in Republic of Kazakstan, criminal liability for illegal use of protected trade marks (Article 199of CC of the РК) also is provided.
Patents
On 16 July 1999, the new Patent Law of Republic of Kazakstan, which contains all
requirements of Articles 25-34 of TRIPS Agreements, was adopted.
In particular, the new Patent Law contains the provisions, regulating conditions and
procedures for judicial granting of compulsory licenses to use inventions, as well as provides for other
cases of utilization without a permission of a patent holder pursuant to the requirements of Article 31
of TRIPS Agreements.
The new Patent Law specifies the extended list of manners to protect patent holders’ rights,
and in particular provides for the opportunity to recover income, which has been gained by an
infringer of a safeguard document, instead of indemnification, and provides for payment of thecompensation by the infringer of the safeguard document in the amount of from ten to fifty thousand
monthly evaluation indices, established by the legislation, instead of indemnification or recovering of
income . Besides, the legislation of Republic of Kazakstan stipulates criminal liability for
infringement of patent holders’ rights (Article 184 of the CC of the R К).WT/ACC/KAZ/26
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Layout Designs of Integrated Microcircuits
Legal protection of Layout Designs of Integrated Microcircuits in Republics the Kazakstan is
implemented on the basis of Articles 1013-1016 of th e Civil Codes of Republic of Kazakstan (Special
Part), in which the requirement of Article 35-38 of TRIPS Agreements are reflected.
Selective Achievements
On 13 July 1999 the Law of Republic of Kazakstan "On Protection of Selective
Achievements " was adopted. It provides for protection to new plant varieties and breeds of animals.
This Law was awarded positive legal opinion of the International Union on protection of new plant
varieties, because of its conformity with the International Convention on Protection of New PlantVarieties (Geneva, 2 December 1961 reviewed in 1972, 1978, 1991 ).
Having adopted the Law " On Protection of Selective Achievements", Kazakstan has met the
requirement of Article 27 (3) (c) of the TRIPS Agreement, according to which the WTO Members
shall provide for the protection of plant varieties either by patents, effective independent singlesystem, or the combination thereof.
The Special Requirements Concerning Border Measures
Normative and legal basis, which regulates the relations in the given area, currently consists
of Article 218-1 - 218-5 of the Law of Republic of Kazakstan " On Customs Business in Republics of
Kazakstan ", which contains basic elements of customs control over the transportation of goods,
containing IP objects.
Legislative Acts on Protection of Industrial Property Objects and International Agreements of the
Republic of Kazakstan in this Area
- The Civil Code of the Republic of Kazakstan of 24 December 1994 (General part);
- The Civil Code of the Republic of Kazakstan of 1 July 1999 (Special part);
- The Patent Law of the Republic of Kazakstan of 16 July 1999;
- The Law of the Republic of Kazakstan "On Trade Marks, Service Marks and
Appellation of Places of Origin of Goods " of 26 July 1999;
- The Law of the Republic of Kazakstan " On Protection of Selective Achievements "
of 26 July 1999;
- The Paris Convention on Protection of Industrial Property of 20 March 1883
(reviewed in Stockholm in 1967);
- The Convention, which established the World Intellectual Property Organization
(WIPO) (Stockholm, 1967);
- The Madrid Agreement on International Registration of Trade Marks (Madrid, 1891,
reviewed in Stockholm in 1967);
- The Patent Cooperation Agreement (PCA) (Washington, 1970, reviewed in
1979,1984); and
- The Euro-Asian Patent Convention (Moscow, 9 September 1994).
Currently, interstate procedures for joining th e following international agreements have been
initiated:
 - the Nice Agreement "On International Classification of Goods and Services for
Registration of Marks ";
- the Locarno Agreement "On Establishment of International Classification of
Industrial Samples";
- the Strasbourg Agreement "On International Patent Classification ";WT/ACC/KAZ/26
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 - the Budapest Agreement "On International Recognition of Depositing of
Microorganisms for Patent Procedure Purposes "; and
- the WIPO Agreement "On Trade Mark Laws ".
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