RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/24
22 September 2000
(00-3790)
Working Party on the
Accession of KazakstanOriginal:  English
ACCESSION OF KAZAKSTAN
Implementation of the WTO Agreement on Trade-Related Aspects
of Intellectual Property Rights
The Ministry of Economy of the Republic of Kazakstan has submitted the following
information.
_______________
TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Compliance with Articles 1 through 12 and Article 19of the Paris Convention for the Protection of IndustrialProperty in respect of Parts II, III, and IV of the
TRIPS Agreement. TRIPS Article 2.- Convention on Establishment of the World 
Intellectual Property Organization (WIPO), since 5 February 1993;
- Paris Convention on Protection of Industrial 
Property, since 5 February 1993;
- Madrid Agreement on International Registration of 
Trademarks, since 5 February 1993;
-  Agreement on Patent Cooperation,
since 5 February 1993;
- Eurasian Patent Convention, since 18 July 1995.- Berne Convention on Protection of Literary and 
Artistic Works, 23 November 1998.
- Convention on Protection of Phonogram Producers 
from Unauthorized Reproduction of their 
Phonograms, since 19 June 2000.
Under Paris, Article 1(2), industrial property has as itsobject patents, utility models, industrial designs,
trademarks, service marks, trade names, indications ofsource or appellations of origin, and the repression ofunfair competition.The Patent Law of the Republic of Kazakstan
establishes the terms of patentability of the industrial
property objects such as inventions, utility models andindustrial designs. Articles 6, 7 and 8.
The Law of the RK “On Trademarks, Service Marksand Appellations of Places of Origin of Goods”(except for trade names) regulates the relationships
arising in connection with the registration, legal
protection and use of trade marks, service marks andappellations of places of origin of goods in theRepublic of Kazakstan (Article 2).
Pursuant to the Civil Code of the Republic of
Kazakstan (Special Part), means of individualization
of the participants of civil circulation, goods, works orservices are the objects of intellectual property rights.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Trade names shall be referred to the means ofindividualization of the participants of civilcirculation, goods, works or services.
The rights to the objects of intellectual property shall
arise in virtue of the fact of their creation or as aconsequence of granting a legal protection by theauthorized governmental body in cases and pursuantto procedures, specifies in the Civil Code and other
legislative acts. Articles 961 and 962.
The Law “On Unfair Competition” establishes the
mechanism on prevention and elimination of unfaircompetition and its consequences. Articles 4, 6, 7 and8.
In Paris. Article 1(3), industrial property applies notonly to industry and commerce proper, but to
agricultural and extractive industries and to all
manufactured or natural products, e.g., wines, grain,tobacco leaf, fruit, cattle, minerals, mineral waters,beer, flowers, and flour.In accordance with the Patent Law of the Republic of
Kazakstan, steams of microorganisms, cells of plants
and animals can be the object of an invention. Article
6(2).
In accordance with the Law of the Republic of
Kazakstan “On Protection of Selective BreedingAchievements”, all botanical forms of seeding
(sowing) materials, seedlings, groups of animals of
one common type resulting from the creative activityof a human being, can be the objects of selectivebreeding achievements. Articles 2 and 3.
Under Paris, Article 2, nationals of Members are toenjoy in other Members the advantages that theirrespective laws grant to nationals, and shall have the
same protection and the same legal remedy against
any infringement of their rights if they conform to theconditions and formalities imposed upon theMember's nationals.In accordance with the Patent Law of the Republic of
Kazakstan, foreign individuals and legal entities enjoyall rights of the subjects of the Republic of Kazakstan
in virtue of the International Agreements to which the
Republic of Kazakstan is a party or on the basis ofreciprocity.Article 38 (1).
In accordance with the Law of the RK “On
Trademarks…”, foreign citizens and legal entities
enjoy the rights provided by the Law, equally as legalentities and individuals of the Republic of Kazakstan ,unless otherwise is provided by legislation of theRepublic of Kazakstan . Article 48.
Paris. Article 3, requires that nationals of non-Membercountries domiciles or that have "real and effective"
industrial or commercial establishments in a Member
country be treated as nationals of a Member country.In accordance with the Patent Law of the Republic of
Kazakstan, stateless persons residing in the territory of
the Republic of Kazakstan enjoy the rights, related to
the protection of industrial property objects equally asthe subjects of the Republic of Kazakstan, unless itcontradicts the Laws of the Republic of Kazakstan.Article 38(2)WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Under Paris, Article 4.a right of priority is to be givenan applicant for a patent, for registration of a utilitymodel, an industrial design, or of a trademark who has
filed the equivalent of a regular national filing under
the domestic legislation of a Member country. Theperiods of priority are to be 12 months for patents andutility models, and 6 months for industrial designs andtrademarks. The Article discusses the technical details
of granting priority in depth. In accordance with the Patent Law of the Republic of
Kazakstan, the priority of the objects of intellectualproperty can be established pursuant to the date of
filing of the first application in a member of the Paris
Convention, if the application is received by theKazpatent Office within 12 months (for inventionsand utility models) and 6 months (for industrialdesigns) from the specified date.
Article 20 (2)
In accordance with the Law the RK “On Trademarks”,
the priority of a trademark can be established pursuantto the date of submission of an application in acountry - member of the Paris Convention, provided
that the application was received by Kazpatent Office
within six months from the specified date.Article 10 ( 2)
Article 4bis states that patents obtained for the sameinvention in various members of the Paris Union areindependent of each other.The Patent Law of the Republic of Kazakstan does not
contain any requirements that contravene Article 4 bisof the Paris Convention.
Article 4ter requires that inventors have the right to benamed as such in the patent.In accordance with the Instruction on compilation,
filing and consideration of an application for apreliminary patent and a patent on invention, an
application for a patent on a utility model, the
protective document shall specify the author (authors)of an invention, utility model. Items 115, 192.
In accordance with the Patent Law of the Republic of
Kazakstan, the author of an invention, utility model
has the right to refuse to be mentioned as such in thepublished information on a protective document.Article 26 (3).
Under Article 4quater restrictions or limitations on thesale of a patented product or a product produced by apatented process cannot be the grounds for refusing apatent or invalidating one already issued.
Under Article 5(A)(1), importation of a patented
product manufactured in a Paris Union country cannotbe the basis of forfeiture of the patent.
Article 5(A)(2) and (3) authorize countries to use
compulsory licensing as a means to prevent abuses,such as the failure to work, but they may not forfeit apatent unless the grant of a compulsory license wouldnot be sufficient to prevent the abuse. Proceedings forforfeiture or revocation cannot be institute until two
years after the grant of the first compulsory license.The Patent Law of the RK does not contain such
restrictions, and the restrictions on sales of a patentedproduct, or a product, which has been manufacturedby a patented process, provided by the national
legislation, can not be the grounds for refusing a
patent.
The Patent Law of the RK does not contain any
restrictions on importation to the territory of the
Republic of Kazakstan by a patent holder of patented
objects, manufactured in the territory of othercountries, provided that the patent holder holds apatent for manufacture of this object, issued in theRepublic of Kazakstan.
Pursuant to the Patent Law of the Republic of
Kazakstan, in case of non-use of the invention, acompulsory license shall be granted in accordancewith an appropriate decision of the court.Article 11 (4).WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Article 5(A)(4) prohibits application for a compulsorylicense for failure to work until four years have passedsince tile application was filed or three years from
date of grant and no compulsory license is to be
granted if the patentee justifies the failure to work.Licenses are to be non-exclusive, and may not betransferred except with the enterprise or goodwill thatexploits the license. Article 5(B) prohibits forfeiture of
industrial designs for failure to work or for importing
articles corresponding to those that are protected.Pursuant to the Patent Law of the Republic of
Kazakstan, a compulsory non- exclusive license isgranted in accordance with a court decision in case of
continuos non-use of the invention within four years
preceding to the submission of an appropriateapplication, provided that a patent holder does notpresent any valid reasons of such non-use.
The right to use the protected object can be assigned
by a person to whom a compulsory license has beengranted, to another person only together with anappropriate production.Article 11(4).
The Patent Law of the RK does not contain any
provisions that allow terminating the protection ofindustrial designs due to their non-use or importationof objects similar with protected objects.
Article 5(C) prohibits cancellation of a mark forunjustified non-use before a reasonable period of timehas passed and permits the proprietor to use differing
elements that do not diminish the distinctive character
of a mark without invalidating the registration ordiminishing the protection granted the mark.
Concurrent use of the mark by co-proprietors is
permitted so long as the public is not mislead.In accordance with the Law of the RK “On
Trademarks…” an owner is obliged to use atrademark.
Any person can file an objection against the
registration of a trademark in connection with its non-use within 5 years preceding the date when such anobjection was filed, provided that the owner does notpresent any valid reasons of such non-use.
Article 19 (1 and 4).
In accordance with the Law of the Republic of
Kazakstan “On Trademarks” in case of a split-up of alegal entity, new legal entities are recognized to be co-proprietors of a trademark, if mutually consented, and
in case when each of newly created legal entity
remains a part of the production of goods or services.Article 22.
Under Article 5(D), protection of patents, registeredtrademarks, and industrial designs cannotThe Patent Law of the Republic of Kazakstan and the
Law of the Republic of Kazakstan “OnTrademarks…” do not require any designation orindication to a patent, utility model, the registration of
a trade mark or depositing of an industrial design to be
placed on a product.
Article 5bis requires that a grace period of at least sixmonths be provided for the payment of maintenancefees for industrial property, but a surcharge ispermissible. Countries are authorized to restorepatents on inventions that lapsed for non-payment of
fees.In accordance with the Procedures on payment and the
amount of fees for patenting of inventions, industrialdesigns and utility models, registration of trademarksand service marks, registration and granting the rightto use the appellation of the place of goods origin,
after the expiration of the established payment period,
an owner is provided with 6 months period to pay anannual fee with a surcharge. Item 21.In accordance with the Patent Law of the RK thevalidity of a patent terminated due to non-payment ofan annual fee for the maintenance of the effectiveness
thereof may be restored within 3 years from the date
of expiration of the payment period.Article 31 (1)WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Article 5ter prohibits a Paris Member from makinguse of patented devices aboard a vessel, aircraft, ofland vehicle temporarily accidentally in the territory
or the Member.In accordance with the Patent Law of the RK the use
of devices incorporating protected objects aboardtransport vessels of other countries is not recognized
as a violation of the exclusive right of a patent owner,
if these vessels are temporarily or accidentally locatedin the territory of the Republic of Kazakstan, and thedevices themselves are used exclusively for the needsof vessels and if these countries grant the same rights
to vessels of the RK.
Article 12 (1)
Article 5quater requires that process patent ownershave all the rights against an imported productproduced by the patent process that they would havewith respect to products manufactured at home.In accordance with the Patent Law of the Republic of
Kazakstan, validity of a protective document issued tothe production process extends to the product directlymanufactured by this process.Article 5 (4)
Article 5quinquies requires that Paris Members protectindustrial designs.In accordance with the Patent Law of the RK the right
to the industrial design is certified by a preliminary
patent which is valid within 5 years and the patent
which is valid within 10 years with possible extensionof its validity period but not more than for 5 years.Article 5.
Article 6 makes the conditions for filing andregistration of trademarks subject to domesticlegislation but also makes filing and registration
independent of those in other countries, including the
country of origin.In accordance with the Law of the RK, “On
Trademarks…” legal protection of trademarks isgranted on the bases of the registration thereof as well
as without the registration in virtue of International
Agreements of the Republic of Kazakstan.Article 4 (1)
Article 6bis requires parties, ex officio if legallypossible or at the request of an interested party, torefuse to register or, for a period of at least 5 years, tocancel the registration of a trademark confusingly
similar to a well-known mark. No time limit is placed
on a mark used in bad faith.In accordance with the Law of the RK “On
Trademarks…”, a designation is not subject toregistration as a trademark, if it confusingly identicalor similar to a well-known trademarks in the RK with
respect to any goods and services.
Article 7 (1), Item 2.
Article 6ter requires Members to refuse to register orto invalidate the registration that includes, withoutauthorization, armorial bearings, flags, state emblems,official signs and hallmarks, etc. An exception isprovided for owners of rights acquired in good faith
before the Convention entered into force for that
country.In accordance with the Law of the RK “On
Trademarks…”, designations, which reproduce statearmorial bearings, flags, emblems as well asdesignations confusingly similar therewith are notregistered as trademarks. Such designations may be
used as non-protected elements, if authorized by an
appropriate competent body or the owner.Article 6 (2).
Article 6quater makes the assignment of a mark validif the portion of the business or goodwill of thebusiness together with the exclusive right tomanufacture and sell the goods bearing the mark arealso transferred.In accordance with of the Law of the Republic of
Kazakstan “On Trademarks” in case of a split-up of alegal entity, the right to a trademark is assigned to anewly created legal entity, to which the production ofgoods or services are transferred.
Article 22.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Article 6quinquies requires that trademarks dulyregistered in a Member be accepted for filing in otherMembers, with certain reservations, and establishes
the conditions under which a trademark may be denied
registration or may be invalidated.In accordance with the Law of the RK “On
Trademarks…” (Article 5), any mark can be registeredin the Republic of Kazakstan, except for the grounds
specified in Articles 6, 7 of the Law “On
Trademarks”.  The following designations are notsubject to the registration as trademarks:- generally accepted symbols;- generally used to designate goods of a certain 
type;
- those that reproduce state armorial bearings, flags 
and emblems;
- those, which are false or capable to cause 
confusion;
- those, which are identical with previously registered
trademarks with an earlier priority;
- identical with well-known trademarks in the RK;- those, that reproduce well-known trade names in 
the Republic of Kazakstan, owned by other persons, who obtained the right thereto prior to the date of the priority of a filed application with 
respect to similar goods;
- those, which reproduce the titles of famous works 
in breach of copyright;
- those, which reproduce last names, names, pen-
names, portraits, facsimiles of other persons without their authorization, other designations that 
fall in the historical and cultural domain of the 
Republic of Kazakstan – without authorization of an appropriate body; and
- those, which content contradicts the public 
interests, principles of humanity and morality.
Article 6sexties states that Paris Members undertake"to protect service marks without being required to
provide for their registration.In accordance with the Law of the Republic of
Kazakstan "On Trademarks…" legal protection of
service marks is granted based on their registration as
well as without the registration in virtue ofInternational Agreements of the Republic ofKazakstan.Article 41(1)
Article 6septies requires that trademark owners beable to oppose or request cancellation of a registration
of their trademarks applied for by their agent or
representative without their authorization "unless theagent or representative justifies his action.In accordance with the Law of the Republic of
Kazakstan "On Trademarks…", a trademark owner is
entitled to oppose a registration of trademarks being
false or confusingly similar with respect to the goodsor a manufacturer thereof, as well as similar to thedesignations registered with the Kazpatent Office withan earlier priority.Article 6 (3) and Article 7 (1) sub-par 3;.
Article 7 states that the nature of the goods to which a
trademark is applied may in no case be an obstacle to
the registration of the trademark. (Duplicate languageis in TRIPS Article 15.4.)The Law of the Republic of Kazakstan "On
Trademarks…" does not contain any restrictions on
the registration of a trademark, based on the nature ofa product for designation of which this mark isintended.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Article 7bis requires that Members permit registrationof collective marks belonging to associations theexistence of which is not contrary to the law of the
country of origin, even where the association is not
established in the country where protection is beingsought.In accordance with the Law of the Republic of
Kazakstan "On Trademarks…", an application for theregistration of a collective trademark is filed on behalf
of an association, where the consent of the participants
to use a collective trademark is  available, even if these
associations are not established in the country whereprotection is being sought.Article 8, Par 2.
Article 8 requires that trade names be protected byMembers without the necessity of registration,
whether or not the names are part of a trademark.Pursuant to Article 38 of the Civil Code (Special Part),
a legal entity shall have its own name allowed to
distinguish it from other legal entities. The name of a
legal entity, being a commercial organization shall beits trade name after registration of a legal entity. Alegal entity shall be introduced into the Single StateRegister of Legal Entities under a certain trade name.
State registration of trade names is imposed on theCommittee of the Registration Service and Territorial
Administration Bodies under the Ministry of Justice of
the Republic of Kazakstan. In its activity, theCommittee is guided by the Presidential Decree of theRepublic of Kazakstan "On State Registration ofLegal Entities", which has the force of law and dates17 April 1995, as well as the Rules on state
registration of legal entities, approved by the Order of
the Committee of the Registration Service under theMinistry of Justice of the Republic of Kazakstan of23 April 1999.
The right to a trade name shall be terminated, if a legal
entity is liquidated or when a trade name is changed.
The Civil Code of the Republic of Kazakstan.Article 1023, point 2.
Article 9 requires seizure on importation or exclusionor goods bearing a trademark or trade name withoutauthorization, unless a country's laws provide for
neither remedy, in which case domestic actions and
remedies must be available.Civil, legal and criminal liability is provided for in the
Republic of Kazakstan for illegal use of a trademark.
In accordance with the Civil Code of the RK a person
who illegally uses a trademark shall be obliged todelete it from goods or its package, or where it isimpossible to meet this requirement, the goods shallbe subject to destruction.Article 1032.
In accordance with the Criminal Code of the Republic
of Kazakstan illegal use of others’ trademark, a tradename or a designation, similar to them with respect tosimilar goods or services is punished by a penalty inthe amount from 200 to 500 monthly evaluation
indices, or an arrest for the period to 6 months, or
corrective works for the period up to two years.Article 199.
Article 10 applies the obligation of Article 9 to thedirect or indirect use of false indications of source ofgoods, or false indication of the producer,manufacturer, or merchant of such goodsThe term "illegal use", incorporating the notions
"direct" or "indirect" use is applied in the CriminalCode of the Republic of Kazakstan. Article 199 of theCriminal Code of the Republic of Kazakstan.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Article l0bis requires Members to provide protectionagainst unfair competition, including against acts thatcreate confusion of various kinds about the goods or
activities of a competitor, that consist of false
allegations about a competitor, or that are apt tomislead the public regarding a competitor's goods.In accordance with the Law of the Republic of
Kazakstan "On Trademarks…", no registration astrademarks, which are false or misleading in respect of
the goods or a manufacturer thereof is allowed,
including geographical indications, capable to createconfusion regarding the place of manufacturing. Article 6, Par.3.In accordance with the Law of the Republic of
Kazakstan "On Unfair Competition", one of its types
is duplication of goods by a competitor by way ofdirect reproduction of its external design, trade name,marking of goods, trademark, other commercialdesignation as well as advertisement materials, firmpackage, shape and other external of goods, which can
be misleading for the consumer regarding a
manufacturer or a vendor of goods (works, services).Article 5 (2).
Article l0ter requires that Members undertake toassure to foreign nationals effective legal remedies torepress actions referred to in Articles 9, 10 and l0bis,and to allow federations and associations representing
foreign businesses, on the basis of reciprocity, to take
action in court and before administrative authorities torepress such acts.In accordance with the Law of the Republic of
Kazakstan "On Trademarks…", disputes related to thelegality of certificate issuance , infringements of theexclusive rights of a trademark owner or the right to
use an appellation of a place of goods origin as well as
other disputes related to the protection of rightsafforded by a certificate are subject to pendingpursuant to the judicial procedures.Article 42.
The Law of the Republic of Kazakstan "On Unfair
Competition" stipulates the responsibility for acts ofunfair competition of subjects of market relations,state bodies and bodies of local self-administrationand their officials. Particularly:1)in accordance with injunctions of the Authorized 
Body, stop violations in the area of unfair 
competition, terminate or amend an agreement (coordinated actions) aimed at eradication or limitation of competition and carry out another actions stipulated by the injunction.
2)Pursuant to the procedures, established by the
legislation to compensate for losses (damages) incurred in the result of unfair competition.Article 6.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Article 11 requires that temporary protection.consistent with domestic legislation, be afforded topatentable inventions, utility models, industrial
designs and trademarks in respect of goods exhibited
at official or officially recognized internationalexhibitions held in their territory. In accordance with the Patent Law of the Republic of
Kazakstan, an industrial property object placed as anexhibit at the officially recognized international
exhibition is granted with the provisional legal
protection from the date of its placement at theexhibition till the date of the first publication of theinformation on issuance of a safeguard document,provided that an application for such an object is filed
to the Kazpatent Office, not later than six months from
the date of its placement at the exhibition. Article 13(3).
In accordance with the Law of the Republic of
Kazakstan "On Trademarks…", the priority of a
trademark affixed on exhibition samples of officially
recognized international fairs is established inaccordance with the date such samples become openlydisplayed at the exhibition, if the application onregistration of such a trademark is received within sixmonths from the specified date.
Article 10 (3).
Article 12 requires Members to establish industrial
property offices for patents, utility models, industrialdesigns and trademarks for the communication to thepublic through publication of a periodic journal of thenames of patent owners with a brief designation oftheir inventions, and the reproduction of trademarks.In accordance with the Patent Law of the RK (Article
4) and the Law of the RK "On Trademarks…"(Article3), an authorized state body ensures the statemonopoly in the sphere of protection of the industrialproperty objects.
 The information on issuance of the safeguard
documents on an invention and utility model ispublished upon the expiration of eighteen months, andas to a safeguard document on an industrial design –twelve months from the date of submission of anapplication. Article 26 of the Patent Law of the RK.
In accordance with the Law of the RK “On
Trademarks…” the information on the registration ofa trademark or an appellation of the place of goodsorigin shall be published right after it is entered on the
State Register.
Articles 16 and 35.
Article 19 authorizes Members to enter into separateand special industrial property agreements amongthemselves, so long as those agreements do notcontravene the provisions of Paris. The legislation of the Republic of Kazakstan does not
contain any provisions, prohibiting entering intospecial bilateral agreements with foreign countries oncooperation in the area of protection of the industrialproperty objects.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
National treatment, with exceptions allowed in theParis, Beme and Rome Conventions. Article 3.In accordance with the Patent Law of the Republic of
Kazakstan, foreign individuals and legal entities enjoyall rights of the subjects of the Republic of Kazakstan
in virtue of the International Agreements to which the
Republic of Kazakstan is a party or on the basis ofreciprocity.Article 38 (1)
In accordance with the Law of the Republic of
Kazakstan "On Trademarks…", foreign citizens andlegal entities enjoy the rights provided by the Lawequally with individuals and legal entities of theRepublic of Kazakstan, unless otherwise is providedby the legislation of the Republic of Kazakstan.
Article 48.
Most favored nation treatment, with enumeratedexceptions. Article 4.The Patent Law of the Republic of Kazakstan and the
Law of the Republic of Kazakstan "On
Trademarks…" do not contain any provisions on themost favored nation treatment.
Copyright and Neighboring Rights Citation to Laws on copyright and neighboring rights
 The Law of the Republic of Kazakstan of10 June 1996 "On Copyright and Neighboring Rights" (No. 6-1)
Compliance with Articles I through 21 of the Berne
Convention with the exception of Article 6bis, Article
9.1.The Law "On Copyright and Neighboring Rights"
complies with Articles 1 through 21 of the Berne
Convention without the exception of Article 6 bis.Kazakstan adhered to the Berne Convention by theLaw dated 10 November 1998 without any proviso.
Article 2 defines "literary and artistic works" as "everyproduction in the literary, scientific and artisticdomain whatever may be the mode or form of its
expression," giving examples. Limitations related to
speeches are provided in Article 2bis.Article 6, point 1, the Law of the RK "On Copyright
and Neighboring Rights" stipulates that copyrightshall be referred to scientific, literary and artistic
works resulted in the creative activity irrespective of
their purpose, content and value as well as the modeand form of their expression.
Article 7 of the Law of the RK "On Copyright andNeighboring rights" enumerates the types of works,being objects of copyright. The following shall bereferred thereto:
- literature works;
- dramatic and music-dramatic works;- scenery works;- works of choreography and pantomime;- musical works with or without text;- audio- visual works (cine-, TV, and video- films, 
diafilms and other cine- and TV works);
- works of sculpture, painting, graphics and other 
works of fine arts;
- works of applied arts;- architecture, town-planning and garden-park arts;- photos and pictures made by means analogous to 
taking pictures;
- maps, plans, sketches, illustrations and three-
dimensioned works referred to geography, topography and other sciences;
- computer software; and-o t h e r  w o r k s .WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
In accordance with point 2, Article 7 of the Law of theRK "On Copyright and Neighboring Rights" computersoftware protection shall extend to all types of
computer software (including operational systems)
that may be expressed in any language and formincluding the original text and object code.
In accordance with point 3, Article 7 of the Law of the
RK "On Copyright and Neighboring Rights" stipulates
that the following shall be also referred to copyrightobjects:- derivative works (translations, processing, 
annotations, essays, resumes, surveys, dramatizations, music arrangements and other 
processing of scientific, literature and art works); 
and
- collections (encyclopaedias, anthologies, data 
basis) and other compound works, which by reason of the selection and (or) arrangement of their contents constitute the result of creative work.
Derivative and compound works shall be protected by
copyright irrespective of whether the works, on thebasis of which they are created or which theyincorporate, are deemed to be the copyright objects.
Article 3 requires that protection be provided to theworks of authors who are nationals of Berne Union
members and to works of nationals of non-Union
countries if those works are published in a Unionmember simultaneously with publication in thenon-Union country.Pursuant to Article 5 of the Law of the RK "On
Copyright and Neighboring Rights" the copyright
shall be referred to the works promulgated, or not
promulgated, but being in any objective form outsidethe Republic of Kazakstan and it shall be recognizedafter the authors (their legal successors) – citizens ofother states pursuant to international treaties of theRepublic of Kazakstan.
Article 4 requires that protection be provided
cinematographic works not falling under Article 3 if
the maker has a headquarters or habitual residence in aUnion member and to works of architecture or artisticworks incorporated into a building or structure in aUnion member.Pursuant to Article 7 of the Law of the RK "On
Copyright and Neighboring Rights" all works of
architecture and audiovisual works shall be recognizedto be the objects of copyright.
Architectural and cinematographic works are the
works, expressed in an objective form, if they are
located in the territory of the Republic of Kazakstan,
then they shall be recognized as belonging to theauthors – citizens of the Republic of Kazakstan andtheir legal successors pursuant to Article 5, point 1,the Law of the RK "On Copyright and NeighboringRights". In case these works are located outside the
territory of the Republic of Kazakstan, they shall be
recognized as belonging to the authors (their legalsuccessors) – citizens of other states pursuant tointernational treaties of the Republic of Kazakstan.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Article 5 requires that authors enjoy the rightsrequired by Berne and any other rights a countryprovides works on a national treatment basis without
being subject to any formalities.In accordance with point 1, Article 9, the Law of the
RK "On Copyright and Neighboring Rights" copyrightto scientific, literary and artistic works shall emerge in
virtue of the fact of its creation. No registration of the
work, other special registration of the work andcompliance with any formalities shall be required foremergence and exercise of the copyright.
Kazakstan has established an equal legal regime for
Kazakstani and foreign citizens.
Article 7 requires that the term of protection forcopyright be 50 years following the death of theauthor. Special terms are authorized forcinematographic works, anonymous or pseudonymousworks, photographic works and works of applied art.
Article 8 gives authors of protected works the
exclusive right to make or authorize the making oftranslations of the work.The term of protection is envisaged in Article 28 of
the Law of the Republic of Kazakstan "On Copyrightand Neighboring Rights".
In accordance with point 1 of this article "copyright
shall be valid within the whole period of author's life
and fifty years after his death except for cases
stipulated by this article".
In accordance with point 4 of Article 28 "copyright to
the work promulgated anonymously or under the
pseudonym shall be valid within fifty years after the
date of its legal promulgation. If within the indictedperiod of time the author of the work publishedanonymously or under the penname discloses hisidentity or his identity leaves no doubts, provisions ofpoint 1 of this article shall be applied."
In accordance with point 5 of Article 28 "copyright to
the work created in co-authorship shall operate withinthe whole life and fifty years following the death ofthe last of the authors lived the other co-authorsthrough."
Special terms for cinematographic, photographic
works and works of applied art are not envisaged.
Article 9 requires that authors be given the exclusiveright to authorize reproduction of the work in anymanner or form with only limited exceptions that donot conflict with the normal exploitation of the work
and do not unreasonably prejudice the legitimate
interests of the author.Sub-point 2, point 2, Article 16, the Law of the RK
"On Copyright and Neighboring Rights" gives authorsof works the exclusive right to carry out, authorize orprohibit reproduction of the work.
Articles 10 and 10bis define certain authorized "freeuses of works".Cases of free uses are stipulated by articles 18-26 of
the Law of the RK "On Copyright and NeighboringRights".WT/ACC/KAZ/24
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General ObligationsKazakstan
IP Agreements to which the country adheres
Articles 11, 11bis, and 11ter require that authors ofdramatic, dramatico-musical and musical works andany translation thereof and authors of literary and
artistic works, the exclusive right to authorize the
public performance of their works, including bybroadcast, public recitation and any communication tothe public.Point 2, Article 16, the Law of the RK "On Copyright
and Neighboring Rights" provides authors of all workswith exclusive rights:
- to show an item publicly (the right to public show);
- to perform an item publicly (the right to public 
performance);
- to communicate an item publicly (communicate an 
item for general awareness), including broadcast or 
cable broadcast (the right to communicate to the 
public);
- to broadcast an item including the first and (or) 
subsequent broadcast for general awareness (the right to broadcast);
- to broadcast items by cable including the first and 
(or) subsequent broadcasting by cable for general 
awareness (the right to cable broadcasting); and
- to re-do an item (the right to re-doing).
Article 12 requires that authors of literary or artisticworks have the exclusive right to authorizeadaptations, arrangements and other alterations oftheir works.Pursuant to sub-point 10), point 2, Article 15, the Law
of the Republic of Kazakstan "On Copyright andNeighboring Rights" the exclusive right to re-do,arrange or to re-do the item by other way is belonged
to authors of works (the right to re-doing).
Article 13 authorizes countries to impose reservationsand conditions on the exclusive right granted authors
of musical works or written works that are recorded.The Law of the Republic of Kazakstan "On Copyright
and Neighboring Rights" does not stipulate such
provisos and terms.
Articles 14 requires that authors of literary and artisticworks have the exclusive right to authorize thecinematographic adaptation and reproduction of theirworks and the distribution, public performance andcommunication to the public of the adaptation or
reproduction, without the limitations authorized under
Article 13(1).The rights to reproduce, distribute, re-do,
communicate to the public and perform publicly aswell as other rights stipulated by Article 16 of the Lawof the Republic of Kazakstan "On Copyright andNeighboring Rights" shall be applicable to all authors.
Re-doing shall also include cinematographic re-doing.
Article 14bis specifies that a cinematographic work is
to be protected as an original work without prejudiceto any work that is adapted or reproduced and theauthor of the cinematographic work is to enjoy thesame rights as the author of any other work.In accordance with point 4, Article 13, the Law of the
Republic of Kazakstan "On Copyright andNeighboring Rights" authors of the worksincorporated as components into an audio-visualworks, both those that existed previously (the author
of a novel used as a basis for the screenplay etc.) and
those created in the course of work on it (the stagemanager, stage artist and others), shall enjoy thecopyright each in respect of his item.
Article 14ter requires "droit de suite" in connectionwith subsequent sales works of art and manuscripts.Point 2, Article 17 (lien) states that in each case of a
public (through an auction, gallery or graphic art, artshall, shop etc.) re-sale of the original work of the fine
arts, after the first alienation of the right of ownership
in respect of such a work, the author and his heirsshall have the right to receive remuneration in theamount of five percent of the re-sale price from theseller (lien). This right shall be unalienable duringauthor's life, and it shall be inherited exclusively by
his heirs under law or will for the period of the
copyright validity.WT/ACC/KAZ/24
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General ObligationsKazakstan
IP Agreements to which the country adheres
Article 15 requires that ownership of a work, forpurposes of litigation, be presumed to be that whichappears on the work in the usual manner.Pursuant to point 2, Article 9, the Law of the RK "On
Copyright and Neighboring Rights" a person indicatedas the author in the original or copy of a work shall be
deemed to be the author when  there is no proof to the
contrary.
Article 16 requires that infringing copies of a work besubject to seizure whether domestically produced orimported.Article 2 of the Law of the RK "On Copyright and
Neighboring Rights" defines counterfeit copies ascopies of an item or phonogram production ordistribution thereof entails violation of the copyrightand neighboring rights as well as the copies of items
and phonograms protected in the Republic of
Kazakstan in accordance with this Law and importedto the Republic of Kazakstan without consent of theholders of copyright and neighboring rights out of thestates where these items and phonograms have neverbeen protected or ceased to be protected.
Article 49, the Law of the RK establishes that the
court shall be entitled to make a decision to confiscatecounterfeit copies of an item or a phonogramirrespective of the fact whether they are produced in
the country in question or imported as well as the
materials and equipment used for their reproduction.
Article 18 requires that copyright protection beapplied to all works which, at the moment Bernebecomes effective, have not fallen into the publicdomain in the country of origin through the expiry ofthe term of protection.The Law "On Copyright and Neighboring Rights"
does not stipulate impediments to apply this article ofthe Berne Convention. In addition, in accordance withArticle 4 of the Law of the RK "On Copyright andNeighboring Rights" if an international treaty ratified
by the Republic of Kazakstan establishes other rules
than those contained in the Law of the RK "OnCopyright and Neighboring Rights", then the rules ofthe international treaty shall be applied.
Article 19 authorizes Union members to providegreater protection than that required by theConvention.This provision of the Berne Convention is not
restricted by legislation.
Article 20 authorizes Union members to enter intospecial agreements among themselves to provide more
extensive rights than those provided by Berne.The Government of the Republic of Kazakstan has not
entered into such agreements yet.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Protect computer programs, whether in source orobject code, as literary works under the BerneConvention. Protect compilations of data, whether in
machine readable or other fo rm are to be protected as
intellectual creations if they constitute such. Article10.Pursuant to Article 6 and 7 of the Law of the RK "On
Copyright and Neighboring Rights" copyright tocomputer programs in their volume and by content are
the same as copyright to literary works.
Point 2, Article 7, of the Law of the RK "On
Copyright and Neighboring Rights" establishes that
protection of computer software shall extend to all
types of computer software (including operationalprograms) that may be expressed in any language andin any form including the original text and objectcode.
In accordance with sub-point 2, point 3, Article 7 of
the Law of the RK "On Copyright and NeighboringRights" collections (encyclopaedia, anthologies,databases) and other composed items, which by thereason of the selection and (or) arrangement of theircontents constitute the result of the creative effort
shall be deemed as objects of copyright.
Provide rental rights at least for computer programs
and cinematographic works with certain exceptions.Article 11.In accordance with point 3, Article 16, the Law of the
RK "On Copyright and Neighboring Rights" the rentalright shall extend to :- musical piece in the form of a text of notes;- a piece fixed on a phonogram;- audio and visual item;
- data base;
- computer software.
Provide a term of protection of fifty years from thedeath of tile author (Berne Article 7.1 and TRIPSArticle 9.1) or, for works the term of which is notmeasured by the life of the author, a term of 50 yearsfrom the end of the calendar year of authorized
publication, or, if not published within fifty years from
making, fifty years from the end of the calendar yearof making. Article 12.Pursuant to the Law of the RK the term of protection
constitutes fifty years commencing from the yearfollowing the year of the death. Only in accordancewith point 4 of Article 28 of the Law of the Republicof Kazakstan "On Copyright and Neighboring Rights"
the copyright in respect of an item promulgated
anonymously or under a penname shall be valid withinfifty years after the date of its legitimatepromulgation. When during the indicated period anauthor of an item released anonymously or under apenname discloses his identity or his identity leaves
no doubts any longer, the general rule that envisages
that the right is protected within the whole life periodand fifty years after the death shall be applied.
Point 8, Article 28, the Law of the RK "On Copyright
and Neighboring Rights" establishes that the
calculation of terms stipulated by this Article shall
start from the first of January of the year following ayear in which the legal fact being the basis forbeginning of the period's course took place.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Confine limitations and exceptions to exclusive rightsto certain special cases which do not conflict with anormal exploitation of the work and do not
unreasonably prejudice the right holder's legitimate
interests. Article 13.Cases of limitations to exclusive rights are enumerated
exhaustively in the law (articles 18-26 of the RK "OnCopyright and Neighboring Rights"). At this, it is
established that limitations to non-property rights are
established under the condition that such limitationsdo not cause unjustified injure to normal use of thework and do not unreasonably prejudice legal interestsof the author (point 2, Article 16, the law of the RK
"On Copyright and Neighboring Rights")
Provide performers with the right for 50 years fromthe date of a performance to prevent unauthorized
fixation of their unfixed performances and ofreproductions of such fixations and to prevent theunauthorized broadcast by wireless means andcommunication to the public of their liveperformances. Article 14.1 and 5.The rights of the performer are stipulated by Article
37 of the RK "On Copyright and Neighboring Rights".
Pursuant to point 2, Article 37 the exclusive right touse a performance or a stage production means theright to authorize or prohibit the exercise of thefollowing acts:- record of a performance or stage production which 
have not been recorded before;
- reproduction of the record of a performance or 
stage production;
- broadcasting or cable broadcasting of a 
performance or stage production for general 
awareness, unless the performance and the stage 
production used for such broadcasting have been broadcast before or carried out with the use of a record;
- broadcasting or cable broad casting of a record of a 
performance or a stage production if originally this 
record was made for non-profit purposes; and
- rental of a phonogram published for commercial 
purposes, on which a performance or a stage production with the performer's participation are recorded. This right shall be assigned to the phonogram producer when entering into an 
agreement on recording a performance or a stage 
production on a phonogram.
In accordance with point 1 of Article 42 of the RK
"On Copyright and Neighboring Rights" rights
stipulated by the chapter in respect to the performer
shall be valid within fifty years after the firstperformance or stage production.
Provide phonogram producers with the right for 50years from the date of first authorized fixation toprohibit unauthorized reproduction of theirphonograms, directly or indirectly, and to prohibitrental of copies of their phonograms once sold or
otherwise distributed. Article 14.2, .4, and .5.Sub-point 1, point 2, Article 38, the RK "On
Copyright and Neighboring Rights" demonstrates thatthe exclusive right to phonogram use shall mean theright to exercise or authorize phonogram reproductionamong other things.
Pursuant to point 3 of the same article the right to
distribute phonogram copies by means of rental shallbelong to the phonogram producer irrespective of theright of ownership to these copies.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Providing broadcasting organizations with theexclusive rights for 20 years of fixation, reproductionof fixations, and rebroadcasting by wireless means of
their broadcasts and the communication to the public
of broadcasts of their broadcasts or provide to theowners of the copyright in the material broadcast thepossibility of exercising such rights. Article 14.3 and5.Article 40 (points 1 and 2) of the Law "On Copyright
and Neighboring Rights" stipulates that the exclusiverights owned by the broadcasting and (or) cable
broadcasting organization to use in any form and to
authorize the use of broadcasts means the right of abroadcasting or cable broadcasting organization toauthorize the following actions:- simultaneous broadcasting or cable broadcasting of 
its programs to other broadcasting or cable 
broadcasting organization;
- cable broadcasting of a program for general 
awareness or broadcasting of a program on the air;
- recording of a program;- reproduction of records of its programs; and
- broadcasting of its programs for general awareness 
in places with paid admission.
In accordance with point 3 of Article 42 of the Law
"On Copyright and Neighboring Rights" rightsstipulated in respect to the broadcasting organization
shall be valid within fifty years after such an
organization broadcasts its program for the first timeand pursuant to point 4 of the same article rightsstipulated in respect to  the cable broadcasting
organization shall be valid within fifty years after suchan organization broadcasts a program for the first
time.
Trademarks Citation to appropriate law
Provide trademark or service mark protection for any
sign, or combination of signs capable of distinguishingthe goods or services of one undertaking from those ofother undertakings. Article 15.1The Law of the Republic of Kazakstan "On
Trademarks…" states that, pictorial, verbal, letter,digital, volumetric and other designations or theircombinations that allow to distinguish goods andservices of one manufacturers from similar goods andservices of other manufacturers can be registered as
trademarks. Article 5.
Not deny registration for a mark based solely on thenature of the goods or services to which a trademark is
to be applied. Article 15.4.The Law of the Republic of Kazakstan "On
Trademarks…" does not provide for any restrictions
on registration of a trademark based on the nature of aproduct for designation of which this mark isintended.
Trademarks must be published before or shortly afterregistration to permit opposition or opportunity toapply for cancellation. Article 15.5.The Law of the Republic of Kazakstan "On
Trademarks…" states that the information onregistration of trademarks shall be published
immediately after they are entered on the State
Register. Article 16.
The registration of a trademark can be contested and
deemed invalid in full or in part within the whole
period of the validity of its certificate. Article 23.
Provide trademark owners the exclusive right toprevent unauthorized use identical or similar marks
for similar goods or services of other parties ifconfusion is likely to result. Article 16.1Presume confusion where an identical mark is usedwithout authorization on identical goods or services.Article 16.1.The Law of the Republic of Kazakstan "On
Trademarks…" states that designations similar or
identical as to cause confusion with the designationsfiled for registration with the Kazpatent Office with anearlier priority to the name of another person inrespect of similar goods and services are not subject toregistration as trademarks. Article 7, Par.1, Item 3.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Provide protection for well know trademarks andservice marks in accordance with Article 6bis, of theParis Convention, even where use is on goods or
services which are not similar to those in respect of
which a trademark is registered if the latter use wouldimply a connection with the right holder or would belikely to damage the right holder's interests. Article16.2 and .3.The Law of the Republic of Kazakstan "On
Trademarks…" states that designations similar oridentical as to cause confusion with well - known
trademarks in the Republic of Kazakstan in respect of
any types of goods or services are not subject toregistration as trademarks. Article 7, Par. 2, Item 1.
Allow only limited exceptions to the rights conferredby a trademark such as fair use of descriptive terms.
Article 17.The Law of the Republic of Kazakstan "On
Trademarks…" states that registration of trademarks
incorporating exclusively designations that have
become generally accepted symbols and terms is notallowed, but they can be used as non-protectedelements of a trademark, unless they dominatetherein. Article 6, Par.1.
Commonly accepted symbols and terms
Provide a period of protection for registration of at
least seven years, renewable indefinitely. Article 18.In accordance with the Law of the Republic of
Kazakstan "On Trademarks…" the validity of the
registration of a trademark may be extended each timefor ten years as petitioned by the owner.Article 15.
Allow cancellation for non-use only after a period ofthree years of uninterrupted non-use unless valid
reasons exist for the non-use, including government
interference with use. Article 19.1.The Law of the Republic of Kazakstan "On
Trademarks…" provides that any person can file an
objection against the registration of a trademark in
connection with its non-use within five yearspreceding the date such an objection is filed, unless anowner presents valid reasons for such a non-use.Article 19 (4).
No encumbering of the use of a trademark by specialrequirements. Article 20.The Law of the Republic of Kazakstan "On
Trademarks…" does not stipulate any suchlike
requirements.
May establish conditions for licensing but compulsorylicensing not permitted and owner of registered mark
must be able to assign it with or without transfer ofbusiness. Article 21.The Law of the Republic of Kazakstan "On
Trademarks…" states that the assignment of a
trademark and the right to the use thereof is based on arelevant agreement which is subject to registrationwith the Kazpatent Office.
In case of a split-up of a legal entity, the right to the
trademark is assigned to a newly formed legal entityinherited production of goods and services. Articles 21and 22.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Geographical Indications Citation to appropriate law or laws
Provide means to prevent deceptive use ofGeographical indications identifying location where agiven quality, reputation or other characteristic of a
good is attributable to its location. Article 22.1 and 2.
Refuse to register or invalidate registrations oftrademarks containing geog raphical indications except
in instances in which such marks have been usedcontinuously for at least I 0 years or in good faithbefore 15 April 1994. Article 22.3Articles 6 and 27 of the Law of the Republic of
Kazakstan "On Trademarks…" provide thatdesignations are not registered as appellations of
places of goods origin when they:
- present themselves geographical indications able to 
cause confusion regarding the place of production of goods; and
- formally refer to the actual place of production, 
however, mislead that the goods originate from a 
different territory formally.
The Law of the Republic of Kazakstan "On
Trademarks…" states that the registration of atrademark incorporating a geographical indicationmay be contested without any exceptions.
Protect against use of geog raphical indications even
when literally true but which falsely represent that the
goods originate in another territory. Article 22.4The Law of the Republic of Kazakstan "On
Trademarks…" states that no registration as a
trademark or its element is allowed for designationscapable to cause confusion as to the goods or amanufacturer thereof. Articles 6 and 27.
Protect, with certain exceptions, appellations or originfor wines and spirits even against use accompanied byexpressions such
Protect, with certain exceptions, appellations or origin
for wines and spirits even against use accompanied byexpressions such as 'kind," type," "style," etc. Article23.1 and 24.The Law on of the RK “ On Trademarks…” states that
no registration as a trademark or its element is allowedfor designations which represent themselves or
incorporate geographical indications to designate
goods that do not originate from a given area, even ifthe designation is accompanied by such words “kind,”“type,” “style” and suchlike. Article 6(3) and Article27.
Refuse or invalidate, with certain exceptionstrademark registrations containing geographical
indications for wines and spirits if they do not
originate in the place named. Article 23.2 and 24.Pursuant to the Law of the RK "On Trademarks…" no
registration of the following marks as trademarks or
their elements shall be allowed, if they represent
themselves or contain geographical indications thatidentify mineral waters, wines or strong spirit drinks,to designate goods that do not originate in the placenamed as well as if used translations or designationsare accompanied by expressions “kind,” “type,”
“style” and suchlike. Article 6, point3, paragraph 3.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Industrial Designs Citation to appropriate law
Provide, with certain exceptions, protection for new ororiginal, independently created industrial designs.Article 25.1.Pursuant to the Patent Law of the Republic of
Kazakstan the artistic-constructive decision thatdetermines an outward appearance of the article shall
refer to an industrial design.
Legal protection shall be provided for an industrial
design if it is new, original and industrially applicable.
An industrial design shall be deemed new if the
complex of its essential characteristics represented in
depictions of an industrial design and in the list ofessential characteristics is not known due to theinformation generally ascertainable in the world priorto the priority date of an industrial design.
While establishing the novelty of an industrial design,
applications for industrial designs filed by otherparties in the Republic of Kazakstan (except forrevoked) and industrial designs patented in theRepublic of Kazakstan under the condition of their
earlier priority shall be taken into account.
An industrial design shall be deemed original if its
essential characteristics define a creative nature ofarticle’s peculiarities.
An industrial design shall be deemed industrially
applicable if it may be repeatedly reproduced by wayof production of an appropriate article. Article 8,point1.
Ensure that requirements for securing protection fortextile designs are not prohibitive of such protection.Article 25.2.General provisions on protection shall also extend to
textile designs.
Protection should last at least 10 years. Pursuant to the Patent Law of the Republic of
Kazakstan the patent for an industrial design shall last
for 10 years from the date of filing of an application
with the Kazpatent Office with possible extension ofits validity by the Kazpatent Office upon the requestof a patent owner but no more than for five years.Article 5, point 3.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Patents Citation to appropriate law
Provide patents for any inventions, whether productsor processes, in all fields of technology if they arenew, involve an inventive step and are industrially
applicable. Exceptions are permitted for plants and
animals, except for microorganisms and non-biological and microbiological processes. Exemptionsare also permitted for reasons of ordre public andmorality. Article 27.Pursuant to the Patent Law of the Republic of
Kazakstan a device, method, substance, steams ofmicroorganisms, cells of plants and animals as well as
the application of a device, method, substance known
before for new purposes shall be deemed objects of aninvention. Article 6, point 2.
An invention shall be legally protected if it is new,
involves an inventive step and industrially applicable.
An invention shall be deemed new if it is not
ascertainable from the information on thetechnological level. Article 6, point 1.
Selective breeding achievement (plants and animals)
shall be protected in the Republic of Kazakstan
pursuant to the Law of the Republic of Kazakstan “On
Legal Protection of Selective BreedingAchievements”. The right to a selective breedingachievement shall be proven by a patent.
Pursuant to the Patent Law of the Republic of
Kazakstan proposals contradicting with publicinterests, principles of humanity and morality shall notbe deemed as inventions. Article 6, point 3.
Provide patent owners with the right to prevent othersfrom making, using, offering for sale, selling orimporting a patented product or from using a patent
process or using, offering for sale, selling or importing
a product produced directly using such process.Article 28.1.Pursuant to the Patent Law of the Republic of
Kazakstan a patent owner shall be entitled to preventothers from infringing of its exclusive rights,
particularly, from unauthorized producing, using,
importing, storing, offering for sale, selling and otherintroducing of a product produced using protectedobjects of industrial property as well as introducing aproduct directly using protected process into the civilturnover. Article 15, point 1.
Give patent owners the right to assign the rights in thepatent, or transfer the rights by succession, or license
them. Article 28.2Pursuant to the Patent Law of the Republic of
Kazakstan a patent owner may assign the obtained
protective document (patent) to any individual or legal
entity. The agreement on assignment shall be subjectto mandatory registration with the Kazpatent Office.
The protective document (patent) for the object of
industrial property and (or) the right to obtain it shall
be inherited or transferred in the order of succession.Article 11, points 6 and 7.
Require applicants to disclose the invention so thatone skilled in the art can carry it out and may requireindication of the best mode and information oncorresponding foreign applications. Article 29.Pursuant to the Patent Law of the Republic of
Kazakstan the application for an invention shallcontain a description of an invention disclosing it infull so that one skilled in the art can carry it out in the
appropriate area of knowledge. Article 17, point 2,
sub-point 2).
The Patent Law of the Republic of Kazakstan does not
stipulate requirements on indication of the best modeand information on corresponding foreign applications
and patent issue.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Ensure that any exceptions to exclusive patent rightsdo not unreasonably conflict with normal exploitationof the patent and do not unreasonably prejudice the
legitimate interests of the patent owner, taking third
party interests into account. Article 30.The Patent Law of the Republic of Kazakstan
stipulates exceptions to exclusive patent rightsconferred by a protective document (patent) when
such exceptions do not conflict with normal
exploitation of the patent and do not prejudice thelegitimate interests of the patent owner, taking intoaccount the legitimate interests of third parties:- Use of means incorporating protected objects of 
industrial property in construction or in the course 
of exploitation of transport vehicles (sea, river, air, road and space) of the other countries under the condition that the indicated means are temporarily or accidentally located on the territory of the Republic of Kazakstan and used for needs of a 
transport vehicle. Such actions shall not be deemed 
as violation of the exclusive right of a patent owner if transport vehicles belong to individuals or legal entities located in countries provided the same rights to the owners of transportation vehicles of the Republic of Kazakstan;
- scientific research work or testing of a vehicle 
incorporating a protected object of industrial 
property;
- use of such means in case of emergency (natural 
disasters, catastrophes, big-scale accidents) with immediate notification of a patent owner and 
subsequent payment of commensurate 
compensation to the patent owner;
- use of such means for personal purposes without 
getting profits;
- one-time preparation of a medicine in a drug store 
upon doctor’s prescription in case of emergency; 
and
- Use of means incorporating protected objects of 
ndustrial property if these means are legitimately introduced into the civil turnover in the Republic of Kazakstan. Article 12)WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Compulsory licenses can be issued only whenenumerated conditions are met, including such thingsas notice, remuneration, limitations on use and
transfer of the license, etc. Article 3 1.Pursuant to the Patent Law of the Republic of
Kazakstan a compulsory license may be granted in thefollowing cases:
- When the patent owner does not use an invention 
or refuses to enter into a licensing agreement under acceptable commercial conditions, any person shall have the right to apply to court with the application to grant him a compulsory non-exclusive license, if 
the invention has not been continuously used after 
the first publication of the information on the issue of a protective document. Article 11, pp. 4-5; and
- In case of emergency in the country or under other 
circumstances of extreme necessity the Government of the Republic of Kazakstan shall 
have the right to allow the use of an industrial 
property object without consent of a patent owner but with his immediate notification and payment of commensurate compensation. The disputes on the amount of compensation shall be settled by court. Article 14, point 6.
Provide an opportunity for judicial review of decisions
to revoke or forfeit a patent. Article 32.Pursuant to the Patent Law of the Republic of
Kazakstan the following disputes shall be considered
in court:- on authorship for an industrial property object;- on legitimacy to grant a protective document;- on establishment of a patent owner;- on granting of a compulsory license;
- on violation of the exclusive right to use a protected
object of industrial property and other economic rights of a patent owner;
- on conclusion and implementation of licensing 
agreements to use a protected object of industrial property;
- on the right of a prior use and after use;
- on payment of remuneration to the author by an 
employer;
- on payment of compensations stipulated by the 
present Law; and
- On other disputes related to the protection of rights 
conferred by a protective document. Article 33, point 1.
Pursuant to the Patent Law of the Republic of
Kazakstan the decision of the Appellate Council (a
structural subdivision of the Kazpatent Office on prior
to court consideration of di sputes) may be appealed in
court within six months from the date the decision istaken. Article 32.
Provide a patent term of at least 20 years from thefiling date. Article 33.Pursuant to the Patent Law of the Republic of
Kazakstan a patent on an invention shall last for 20years from the filing date. Article 5, point 3.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Shift the burden of proof in process patentinfringement actions to the defendant in instances inwhich tile product produced by the process is new or
where it is substantially likely that the identical
product was made using the process and the patentowner has been unable through reasonable efforts todetermine the process used. Article 34.Pursuant to the Patent Law of the Republic of
Kazakstan a protective document for the productionprocess shall also extend to the product produced by
such process.
At this, a new product shall be deemed as produced by
a protected process unless otherwise is proven. Article5, point 4, sub-points 2-3.
Integrated-Circuit Layout Designs Citation to appropriate law
Provide protection for original layout designs ofintegrated circuits that are registered or have been
commercially exploited anywhere in the world.
Articles 3, 4, 5, and 7 of the Washington Treaty asincorporated into TRIPS by Article 35.The Civil Code of the Republic of Kazakstan (Special
Part) incorporates the section concerning legal
protection of layout designs of integrated
microcircuits. For today, the Kazpatent office hasprepared the draft law of the Republic of Kazakstan“On Legal Protection of Layout Designs of IntegratedMicro Circuits” taking into account TRIPSrequirements and submitted it to the Ministry of
Justice of the Republic of Kazakstan.
Make unlawful, except in certain circumstances, the
reproduction, importation, sale or other distribution ofa protected layout design or an integrated circuitembodying such design or an article containing such amicrocircuit. Article 6 of Washington and Article 36of TRIPS.Pursuant to the Civil Code of the Republic of
Kazakstan (Special Part) violation of the exclusiveright shall be considered the performance of thefollowing actions without author’s authorization:- copying of the layout design in full or its part by 
way of embodying into an integrated microcircuit 
or by other way, except for that part which is not 
original; and
- application, import, offer for sale, sale and other 
introduction of a layout design or an integrated microcircuit embodying such a layout design. Article 1014.
Provide such protection for a term of I 0 years from
the films, of an application for registration or from
first commercial exploitation. Article 38.Pursuant to the Civil Code of the Republic of
Kazakstan an exclusive right to use a layout design
shall last for 10 years from the date of designregistration. Article 1016, point 1.
Undisclosed Information Citation to appropriate law or laws
Provide protection for undisclosed information that issecret (not generally known or readily ascertainable);has commercial value because of its secrecy., and hasbeen subject to reasonable  steps to keep it secret.
Article 39.2.Civil legislation of the Republic of Kazakstan
provides for protection of information comprisingofficial or commercial secrets in case wheninformation has an actual or potential commercialvalue in virtue of the fact that it is not generally
known to others, not easily ascertainable by proper
means and the possessor of which undertakes steps tokeep it secret. Article 126.
The Agency of the Republic of Kazakstan on
regulation of natural monopolies, protection of
competition and support of small business has drafted
the law “On Commercial Secrets”. Currently, thisdraft law is considered by the Mazhilis of theParliament of the Republic of Kazakstan.
Protect data submitted to obtain marketing approvalfor pharmaceutical or agricultural chemicals utilizinga new chemical entity. Article 39.3.The Patent Law of the Republic of Kazakstan does not
exclude protection of pharmaceutical or agriculturalchemicals or information on utilizing of new chemical
entities. Also, protection of the registered information
or terms of such protection are connected with termsof patenting.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Enforcement -General Provisions Citation to appropriate law or laws
Provide for effective action against infringement ofintellectual property rights without creating barriers tolegitimate trade or opportunities for abuse. Article
41.1Such actions against any infringement of intellectual
property rights are envisaged by civil, administrativeand criminal legislation of the Republic of Kazakstan.
Provide enforcement procedures that are fair andequitable and are not unnecessarily complicated orcostly and do not entail unreasonable time-limits orunwarranted delays. Article 41.2Foreign individuals and legal entities as well as
stateless persons shall be entitled to be granted withthe same rights and obliged to carry out the sameobligations envisaged by civil legislation in referenceto citizens and legal entities of the Republic ofKazakstan, unless otherwise is stipulated by
legislative acts. Article 3.
Pursuant to the Civil Procedural Law of the Republic
of Kazakstan proceedings shall be carried out withinthe terms established by the Law. In case the Lawdoes not establish the term of proceedings, they shall
be established by court. Article 123.
Provide decisions on the merits based upon the
evidence presented in the case to the parties,preferably in writing with the reasons explained.Article 41.3.Pursuant to the Civil Procedural Law of the Republic
of Kazakstan a court decision shall be legal and withthe reasons explained. Court decisions shall be basedonly upon those evidences presented in the case to theparties. Article 218.The court decision shall be in writing. Article 221.
Provide for appeals to judicial bodies of finaladministrative decisions and of at least the legal
aspects of initial judicial decisions on the merits of a
case. Article 41.4.The Appellate Council is a structural subdivision of
the Kazpatent Office on prio r to court consideration of
disputes on appeals. The submitted appeal must be
reviewed at the meeting of the Appellate CouncilBoard within the term established by the present Law.The term for the review of an appeal may be extendedupon the application of a person filed an appeal as
well as a patent owner, but no more than for six
months from the date of expiration of the establishedterm for appeal review. The decision of the AppellateCouncil may be appealed in court by a person filed anobjection or by a patent owner within six months fromthe date when the decision is taken. Article 32.
Pursuant to the Civil Procedural Law of the Republic
of Kazakstan court decisions in the Republic ofKazakstan that have not been entered into force maybe appealed by parties involved in the case pursuant toappeal or cassation procedures. Article 332.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Civil and Administrative Procedures and Remedies
Provide a procedure that allows plaintiffs to bring anaction for infringement; requires that defendants benotified; permits both side to present evidence in
support of their position; and protects confidential
information. Article 42Pursuant to the Civil Law of the Republic of
Kazakstan any interested party shall have the right toappeal to court seeking for protection of infringed or
appealed right or legally protected interest pursuant to
procedures established by law. Article 3.
Pursuant to the Civil Law of the Republic of
Kazakstan civil rights shall be protected by court,arbitration court, arbitr ation tribunal. Article 9.
Copyright and neighboring rights shall be protected by
court. The Law of the Republic of Kazakstan “OnCopyright and Neighboring Rights”, Article 49.
Pursuant to the Civil Procedural Law of the Republic
of Kazakstan defendants shall be notified on a civil
claim registered with court and brought against them.
A claim shall be submitted to court with the number ofcopies correspondent to the number of defendants.These copies shall be submitted to defendants. Partiesinvolved in proceedings and their representatives shall
be notified by a writ of summons on time and place of
the proceeding to be carried out.
In case when a plaintiff or a defendant or both a
plaintiff and a defendant fail to appear in courtwithout valid excuses, the court, postponing the
proceeding, shall be entitled to impose a penalty upon
a plaintiff or a defendant failed to appear unless eachof them files an application to carry out theproceeding without his participation.
If parties fail to appear without valid excuses upon the
second writ of summons submitted, the court shall not
consider the suit unless it is possible to settle the caseupon the materials provided.Parties shall enjoy the equal procedural rights and theyshall have the right to present evidence, participate in
evidence examination. Article 48.
Pursuant to the Civil Procedural Law of the Republic
of Kazakstan with the purpose of protection of secretcorrespondence and telegraphic messages, privatecorrespondence and telegraphic messages of citizens
may be promulgated in the course of proceedings in
open court only upon authorization of the parties thecorrespondence and telegraphic messages referthereto. Otherwise, such correspondence andtelegraphic messages are promulgated and examinedin the course of proceedings in close court. Article
202.
Authorize judges to order production of evidence
necessary to substantiate a party's claims where thatparty has been unable to obtain such evidence fromthe opposing party. Article 43. 1.Pursuant to the Civil Procedural Law of the Republic
of Kazakstan parties having reasons to think thatproduction of evidence necessary to substantiateparty's claims will be impossible or difficult later, mayrequest court to provide these evidences. Article 74.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Authorize judges to enjoin a defendant, except thegovernment, from infringing intellectual propertyrights. Article 44. 1.Pursuant to the Civil Procedural Law of the Republic
of Kazakstan civil rights shall be protected by court,arbitrary court, arbitrary tribunal by way of
suppression of actions that infringe the right or create
threats to its infringement. Article 9.
The Law of the Republic of Kazakstan “On Copyright
and Neighboring Rights” also states that copyright and
neighboring rights shall be protected by court by way
of suppression of actions that infringe the right orcreate threats to its infringements. Article 49, point 1,sub-point 3.
Pursuant to the Patent Law of the Republic of
Kazakstan a patent owner shall be entitled to initiate
proceedings against a party that has infringed or isinfringing a protective document or in reference toinfringements related to publication of an applicationfor a patent upon which a temporary protection isgranted and also they shall be entitled to demand
termination of infringement of a protective document.
Article 15, point 2, sub-point 1.
Upon the application of an owner of an industrial
design, the court may take a decision on suspension ofactions infringing his rights envisaged by law.
Upon the application of an owner of a trademark the
court may take a decision on suspension of anyactions violating his rights.
Authorize judges to order the payment of monetarydamages adequate to compensate for the injury doneby the infringement. Article 45.1Courts of the Republic of Kazakstan are authorized to
order infringers of intellectual property to pay theamount of damages as well as of losses incurred that
include actual damages and missed profits in favor of
possessors of intellectual property. At this, they shallbe guided by civil, administrative, criminal legislationof the Republic of Kazakstan.
Authorize judges to order infringer to pay rightholders enforcement costs and recovery of profitsand/or statutory damages. Article 45.2.Pursuant to the Civil Code of the Republic of
Kazakstan (Special Part) civ il rights shall be protected
by court. A party the right of which is infringed, may
demand full compensation of losses incurred thereto
unless otherwise is stipulated by legislative acts or thecontract. Article 9.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Authorize additional remedies including seizure ofinfringing goods, and the materials and implementsthe predominant use of which is infringement. Article
46.The Law of the Republic of Kazakstan “On Copyright
and Neighboring Rights” stipulates that prior toconsideration of a case the Judge shall have the right
to individually pass the resolution prohibited the
defendant to manufacture, reproduce, sale and usecopies of works and phonograms presumed to becounterfeit ones. The Judge shall also have the right topass the resolution on arresting and confiscation of all
copies of items and phonograms presumed to be
counterfeit and also materials and equipment intendedfor their production and reproduction.
The court shall have the right to make a decision on
confiscation of counterfeit copies of an item or a
phonogram as well as materials and equipment used
for their reproduction. Counterfeit copies of items orphonograms may be transferred to the possessor ofcopyright or neighboring rights upon his request orthey shall be subject to destruction upon courtdecision.
Materials and equipment used for their reproduction
shall be subject to destruction or transfer into the staterevenue upon court decision. Article 49, points 2 and3.
Pursuant to the Law of the Republic of Kazakstan “On
Trademarks…” the court shall be entitled to make adecision on destruction of a trademark or appellationof origin of goods, on removal of an illegally usedtrademark or appellation of the place of goods origin,
their containers or other documents as well as
designations similar therewith as to cause confusion.If it is not possible to meet this requirement, goods inquestion shall be subject to destruction pursuant toprocedures established by legislation of the Republicof Kazakstan. Article 44.
Pursuant to the Patent Law of the Republic of
Kazakstan a patent holder shall be entitled to demandtermination of the violation of a protective document;- reimbursement of losses incurred and 
compensation of the moral injure by an infringer;
- recovery of income received by an infringer of a 
protective document instead of the reimbursement 
of losses;
- Compensation to be paid by an infringer of a 
protective document in the amount from ten to fifty thousand of monthly calculated indices established 
by law;
- Confiscation of products being introduced into a 
civil turnover or stored for this purpose in one’s favor and recognized as infringing the protective document as well as means specially intended for infringement of a protective document; and
- Mandatory publication of the information on the 
infringement committed, including the information on the owner, whose right is violated. Article 15, point 2, sub-point 1.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Authorize indemnification of defendant, includingattorneys' fees in the event of abuse by plaintiffs.Article 48.1.Pursuant to the Civil Procedural Law of the Republic
of Kazakstan expenses of the party in which favor thedecision is taken on payment of services rendered by a
representative involved in the process shall be
compensated by the other party in the amountequivalent to expenses actually borne by the party.Under money claims these expenses shall not exceed10  per cent of the satisfied part of the legal action for
recovery.  Article 111.
Exempt public authorities and officials from liabilityin connection with the administration of intellectual
property laws only where the actions are taken orintended in good faith within the scope of tile relevantauthority. Article 48.2.Pursuant to the Law of the Republic of Kazakstan “On
Copyright and Neighboring Rights” and other
legislative acts civil officers are not exempted fromliability in case of law enforcement in the sphere ofintellectual property.
Ensure that administrative remedies conform to theprinciples in the preceding Articles. Article 49.Administrative procedures in the Republic of
Kazakstan correspond to principles set forth inArticles 42-48 of the TRIPS Agreement.
Provisional Measures
Authorize judges to grant temporary restraining ordersand provisional relief to prevent infringement and to
preserve evidence. Article 50.1.The court shall be entitled to grant provisional
measures to prevent infringement and preserve
evidence pursuant to Article 74 of the Civil Procedural
Law of the Republic of Kazakstan.
Authorize judges to require the complaining party toindemnify the defending party against harm if thedecision on the merits finds the provisional reliefunjustified. Article 50.3.Legislation of the Republic of Kazakstan does not
stipulate such a requirement.
Provide for notice, for formal action by the plaintiffafter temporary restraining orders, etc. Article 50.4+.Pursuant to the Civil Procedural Law of the Republic
of Kazakstan a private complain and protest may be
made in reference to all resolutions related to security
for a claim. In case the resolution on security for aclaim is made without providing a notice to a partycomplained, a term for compliant lodgment shall becalculated from the date the party is acquainted withthe resolution.
Filing of a private complaint in reference to a
resolution on security for a claim shall not suspendimplementation of the resolution.
Filing of a private complaint or protest in reference to
a resolution on termination of security for a claim or
on replacement of one type of security with anothershall suspend resolution implementation. Article 164.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Border Measures
Provide for suspension of release by customsauthorities of goods suspected of bearing a counterfeittrademark or of being a pi ratical copyrighted work,
either at the request of a right holder. Members are
authorized to extend such protection to holders ofother forms of intellectual property, Article 51The Law of the Republic of Kazakstan “On Customs
Matters in the Republic of Kazakstan” adopted in1999 includes article 218 (1-5) stipulated restrictions
on importation in to the Republic of Kazakstan and
exportation from the Republic of Kazakstan of goodsincorporating objects of intellectual property.
Article 218 (4) states that customs authorities of the
Republic of Kazakstan shall be entitled to suspend the
release of goods incorporating objects of intellectual
property for the period up to ten working days uponthe application of a right holder on objects ofintellectual property.
Pursuant to procedures determined by legislation of
the Republic of Kazakstan or international treaties of
the Republic of Kazakstan this period may beextended by customs bodies of the Republic ofKazakstan for additional ten working days.
Require right holders initiating border measures toprovide evidence of a prima facie infringement and adescription of tile goods sufficient for customs
authorities to recognize them. The right holder must
be notified within a reasonable time is action will betaken on his behalf. Article 52These regulations shall be drafted by customs
authorities as instructions in order to implementArticle 218 (1-5) of the Law of the Republic of
Kazakstan “On Customs Matters of the Republic of
Kazakstan”.
Authorize authorities to require the right holderrequesting border measures to post a bond sufficient toprotect the defendant and to prevent abuse. Article 53Such a requirement is set forth in Article 218 (3) of
the Law of the Republic of Kazakstan “On CustomsMatters in the Republic of Kazakstan”. This Articlestates that when the release of goods incorporating
objects of intellectual property is suspended, a right
holder shall be obliged to provide a security in theamount sufficient to cover losses of a declarer due tosuspension of goods release. The said amount shall bedetermined by a customs authority of the Republic ofKazakstan pursuant to procedures established by
legislation of the Republic of Kazakstan.
Requires prompt notification of the right holder and
the importer when action under Article 51 is taken.Article 54Such a requirement is set forth in Article 218 (3). The
Article states that a customs authority of the Republicof Kazakstan shall notify a right holder and a declareron suspension and its reasons not later that the dayfollowing the working day when the decision on therelease suspension in reference to goods incorporating
objects of intellectual property is taken as well as
inform a declarer on the name and address of a rightholder and inform a right holder on the name andaddress of a declarer.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Requires that customs authorities be notified within amaximum of 20 days of the receipt of notice thatproceedings on the merits have begun or the
suspension is to be revoked. Article 55Pursuant to the Law of the Republic of Kazakstan “On
Customs Matters in the Republic of Kazakstan”customs authorities of the Republic of Kazakstan shall
be entitled to suspend the release of goods
incorporating objects of intellectual property upon theapplication of a right holder to objects of intellectualproperty for the period up to ten working days. Theperiod may be extended by customs bodies for
additional ten days. Upon expiry of the said period the
customs bodies of the Republic of Kazakstan, uponprior notice of a right holder, shall cancel restrictionson release of the goods, if the applicant fails toprovide evidence that judicial proceedings wereinitiated in regard to infringement of rights to
intellectual property connected to the act of
importation or exportation of detained goods.
If any proceedings are initiated within the period of
the release suspension in reference to goodsincorporating objects of intellectual property, customs
bodies of the Republic of Kazakstan shall not be
entitled to release goods prior to court decision relatedto measures on providing claims. Article 218-4.
Authorities must be authorized to require the rightholder to compensate the importer or owner of thegoods subject to border measures if goods werewrongfully detained or if proceedings leading to a
decision on the merits are not begun within tile
allotted time. Article 56.Pursuant to the Law of the Republic of Kazakstan “On
Customs Matters in the Republic of Kazakstan” whengoods incorporating objects of intellectual propertyare released, a right holder shall be obliged to provide
a security in the amount sufficient to cover losses of a
declarer incurred due to the suspension of goodsrelease within 3 working days after the notification onsuch suspension. The said amount shall be determinedby the customs authority of the Republic ofKazakstan.
An importer or an owner of goods shall appeal to
court to require compensation for injury incurred inthe course of enforcement of border measures andillegitimate detain of goods.
Right holders must be allowed to inspect the detainedgoods in order to substantiate the right holder's claims.
Importers must be given similar authority. Members
may give the right holder the names and addresses ofthose involved in the importation when infringementis found to exist. Article 57.The Law of the Republic of Kazakstan “On Customs
Matters in the Republic of Kazakstan” does not
envisage such a requirement.
Establishes the conditions that must be in place if
customs authorities are authorized to act ex officio,including the ability to ask the right holder for
information at any time; the requirement to notify the
importer promptly of the suspension; and therequirement that public officials be liable if they act inbad faith. Article 58The Law of the Republic of Kazakstan “On Customs
Matters in the Republic of Kazakstan” does notenvisage such a requirement.WT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Competent authorities must be able to orderdestruction or disposal other than by re-export ofinfringing goods where appropriate. Article 59Pursuant to the Laws of the Republic of Kazakstan
“On Trademarks…” and “On Copyright andNeighboring Rights” courts shall be entitled to order
destruction of counterfeit goods. The Law of the
Republic of Kazakstan “On Customs Matters in theRepublic of Kazakstan” does not include anyprovisions on re-export of infringing goods.
Members are authorized to except from bordermeasures small quantities of infringing goods of anon-commercial nature carried in personal luggage or
shipped in small consignments. Article 60The Law of the Republic of Kazakstan “On Customs
Matters in the Republic of Kazakstan” does notenvisage such a requirement.
Criminal Procedures
Provide criminal procedures and penalties, sufficient
to act as a deterrent, for willful trademark
counterfeiting or copyright piracy on a commercialscale. Authorizes extension of criminal actions toother forms of intellectual property whereinfringements are willful and on a commercial scale.
Article 61.Liability for infringement of intellectual property
rights is stipulated by Articles 184 and 199 of the
Criminal Code of the Republic of Kazakstan. Article184 of the Criminal Code of the Republic ofKazakstan states that illegal use of objects ofcopyright or neighboring rights as well as illegal use
of an invention, utility model or an industrial design,
disclosure of the essence of a scientific discovery,invention, utility model or an industrial design prior toofficial publication of in formation thereof as well as
misappropriation of authorship or co-authorship undercompulsion, if these actions are carried out with the
purpose of commercial profits and cause a great injure
shall be punished by a penalty in the amount from 100up to 500 monthly calculated indices or in the amountequivalent to a salary or other income of the convictedparty for the period from 1 up to 5 months or publicworks for the period from 180 up to 240 hours or
imprisonment for the period up to 2 years.
Actions stipulated by the first part of this article and
repeatedly committed by a group of people inpremature conspiracy or by an organized group shallbe punished by a penalty in the amount from 500 up to800 monthly calculated indices or in the amountequivalent to a salary or other income of a convicted
party for the period from 5 up to 9 months or by an
arrest for the period from 4 up to 6 months orimprisonment for the period up to 5 years with orwithout property confiscation.
Under Article 199 of the Criminal Code of theRepublic of Kazakstan illegal use of a trademark,
service mark, trade names, appellation of a place of
goods origin services of another party or designationssimilar therewith to designate identical goods orservices if this action is repeatedly committed orcauses a great injure shall be punished in the amount
from 200 up to 500 of monthly calculated indices or in
the amount equivalent to a salary or other income of aconvicted party for the period from 2 up to 5 monthsor by public works within the period from 180 up to240 hours or by an arrest for the period up to 6 monthsor by corrective works from the period up to 2 yearsWT/ACC/KAZ/24
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TRIPS Agreement
General ObligationsKazakstan
IP Agreements to which the country adheres
Illegal use of a warning marking in reference to aregistered in the Republic of Kazakstan trademark orappellation of a place of goods origin if the action is
repeatedly committed or causes a great injure shall be
punished in the amount from 100 up to 200 ofmonthly calculated indices or in the amountequivalent to a salary or other income of a convictedparty for the period to 2 months or by public works
within the period from 120 up to 180 hours or by an
arrest for the period up to 3 months or by correctiveworks from the period to 1 year.
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