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Tagbergenova & Partners
Almaty, Kazakhstan (KZ)

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Bolotov & Partners
Almaty, Kazakhstan (KZ)

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Kazakhstan (KZ)

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11-09-2016 (Newsletter Issue 20/16)
Amendments to IP Laws Drafted
The Kazakhstan’s Ministry of Justice has drafted a new law amending and supplementing a number of intellectual property laws and regulations to align Kazakhstan’s IP legislation with the Organization for Economic Cooperation and Development’s (OECD) standards in the area of IP protection and with the Singapore Treaty on the Law of Trademarks.

The Ministry of Justice has held public hearings on the draft law, which aims to introduce the following:
- A single-level system for the registration of IP rights, i.e. all registrations shall be handled by the National Institute of Intellectual Property (NIIP), as opposed to the current two-level system where both the NIIP and the department for IP-related rights within the Ministry of Justice are involved;
- An appeal board shall be created within the NIIP to handle potential appeals against NIIP’s decisions, instead of going directly to court;
- Stronger enforcement measures, including fair compensation to IP rights owners;
- Simplified recording of license, sublicense and assignment agreements – currently, four originals of the agreement are needed for the recordal, but according to the draft law, only a certified copy or extract of the agreement will be required;
- Harmonisation of the ‘exclusive license’ definition with that of the Singapore Treaty — according to current regulations, a licensor retains his right to use a patent, trademark, industrial design or plant variety even after transferring his license to a licensee. According to the draft law, this right will truly be exclusive to the license holder, that is, the licensor will lose his IP right once he transfers his license.
- Clarification of what is to be done with original goods found in the same shipment with counterfeit goods – they are to be transferred to the rights holder or to their representative, provided that their appearance or purpose have not been altered; and
- Clarification regarding proof of use of a trademark – the use of a registered trademark in a slightly different form that does not influence its distinctiveness should be considered as proper use and can not be the ground for cancellation.

Source: www.petosevic.com


09-02-2015 (Newsletter Issue 13/15)
Accession to WTO
WTO members formally adopted Kazakhstan’s WTO terms of entry at the General Council meeting on July 27, 2015, in the presence of Kazakhstan’s President Nursultan Nazarbayev.

Kazakhstan will have until October 31, 2015 to ratify the deal to formally become a WTO member 30 days after it notifies the ratification to the WTO Director-General.

Source: www.wto.org


06-30-2015 (Newsletter Issue 10/15)
Official Fees Increased
Under the Order No. 294 dated May 26, 2015, of the Minister of Justice of the Republic of Kazakhstan new official fees came into effect as of June 11, 2015.

Particularly, official fees for trademarks have been significantly increased from about 20 to about 100 percent.

The new official fee for filing a trademark application, including examination, is now KZT 60,599.84 for up to three classes. The filing fee for each additional class is KZT 9,800. The official registration fee is KZT 24,000.48.

Also, the possibility of accelerated prosecution of the inventions has been introduced. The official fees for acceleration of the formal and substantive examinations are respectively 15 percent and percent higher than the stipulated basic fees. Previously excluded percent discount on the examination fee for applications with established international search report or an international preliminary examination report was retrieved.

In the meantime, new percent discount was added for applicants being small and middle entities related to the registration of inventions, utility models, industrial designs and selection achievements. It should be noted that aforesaid discount is provided only to resident entities.

Source: Mikhailyuk, Sorokolat & Partners, Ukraine and Tagbergenova & Partners, Kazakhstan


06-30-2015 (Newsletter Issue 10/15)
Patent and Trademark Office Moved
The «National Institute of Intellectual Property» of the Ministry of Justice of the Republic of Kazakhstan moved to another building. The new address of the location is:

National Institute of Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan
Left Bank, Oryndor str., 8, Body 1, Entrance # 1, # 2.
010000 Astana
Republic of Kazakhstan
Phone +7 8 7172 74 95 80 (Reception)

Source: www.kazpatent.kz


05-13-2015 (Newsletter Issue 7/15)
IP Law Amended
The Law of the Republic of Kazakhstan "On Trademarks, Service Marks and Appellations of Origin" has been amended and the following changes came into effect on April 20, 2015:

- It is no longer possible for several persons to be listed as co-applicants for one application and the requirement for applicants - natural persons to be registered as individual entrepreneurs was abolished;
- An applicant will have the right to file a request for assignment of a trademark application without executing and registering an assignment agreement;
- Issuance of a trademark certificate is cancelled. The information about trademark registration is published by the expert organization in the Official Bulletin and in the Internet resources. The fact of a trademark registration and of amendments to this registration is confirmed by the extract from the State Register of Trademarks.
- The timing of the trademarks registration has been reduced. The Law establishes the timeframes for all stages of the examination of the application for registration of a trademark, details the timing of the approval of preliminary and final expert opinions by the Ministry of Justice of the Republic of Kazakhstan, the timing of the delivery of such opinions to the applicants.
- The list of absolute grounds for refusal in trademark registration has been changed. The registration formerly would have been refused if a trademark consisted exclusively of designations which are non-distinctive and constitute international unpatentable names of pharmaceuticals (e.g., amoxicillin, ampicillin). Such basis as direct associative connection with the goods or services for the designation of which the trademark is used has been excluded from the list of absolute grounds. Previously, the existence of those absolute grounds precluded the registration of practically any trademarks that could be associated with the applied goods and/or services.
- Disputes arising from trademark registration (or refusal thereof) and non-use cancellation of trademarks cannot be brought directly to the court. They will be considered by the Appeal Board of the Trademark Office first.

Source: Tagbergenova & Partners, Kazakhstan; Mikhailyuk, Sorokolat & Partners, Ukraine and Dentons, Kazakhstan


05-29-2012 (Newsletter Issue 9/12)
Ratification of Singapore Treaty
The Law of the Republic of Kazakhstan on “Ratification of Singapore Treaty on the Law of Trademarks”, dated April 8, 2012, entered into force. It was officially published in the “Kazakhstanskaya pravda” 2012 № 100-101 (26919-26920) and “Egemen Kazakhstan” on April 13, 2012 № 149-151 (27224).

Source: Tagbergenova & Partners, Kazakhstan


05-29-2012 (Newsletter Issue 9/12)
Trademark Law Adopted
The Law of the Republic of Kazakhstan “On the introduction of amendments to several legislative acts of the Republic of Kazakhstan on the matters regarding the intellectual property” (the “Law”) was adopted on January 12, 2012. The Law came into effect on January 31, 2012.

The Law amended, among others, the Criminal Code of the Republic of Kazakhstan, the Civil Code of the Republic of Kazakhstan, the Administrative Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Copyright and Neighboring Rights”, the Law of the Republic of Kazakhstan “On the Protection of Selection Inventions”, the Patent Law of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Trademarks, Service Marks and Appellation of Origin” (the “Trademark Law”), and the Law of the Republic of Kazakhstan “On the Legal Protection of Topographies of Integrated Circuits”.

The basic amendments introduced by the Law to the Civil Code, the Trademark Law and the Patent Law are as follows:
- A contradiction in Kazakhstani legislation regarding the non-use grace period for trademarks has been resolved. Now both the Civil Code (Article 1028) and the Trademark Law (Article 19.4) determine three years from the registration date as the non-use grace period.
- The term of preliminary examination was decreased from two (2) months to one (1) month from the application filing date.
- The term of substantial examination was reduced from 12 months to 9 months from the application filing date.
- The period for which a design patent is issued was extended and is now 15 years from the filing date (prior to the adoption of the Law, such period was 10 years).

Source: Tagbergenova & Partners, Kazakhstan


10-04-2010 (Newsletter Issue 15/10)
Accession to the Madrid Protocol
Kazakshstan joined the international trademark system following the deposit of its instrument of accession to the Madrid Protocol for the International Registration of Marks.

The Madrid System will become effective on December 8th, 2010.


Source: www.wipo.int

Legal basis is the Trademark Act (in force since September 4, 1999) with changes and additions as of October 31, 2015.
Kazakhstan is a member of the Madrid Agreement. From December 8, 2010, Kazakhstan is a member of the Madrid Protocol as well.
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, color combinations, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs. The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the National Institute of Intellectual Property.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney should be signed and stamped. In case stamp is not available the document must be notarised. Legalisation of the power of attorney is not required, provided that the document is signed by the applicant/corporate official of the applicant.
Foreign applicants do not need a domestic registration.
The registration process consists of two steps: a formal examination and a substantive examination.
The latter one includes an examination of distinctiveness and a search for identical or confusingly similar prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The fee is paid for issue of a publication. The fee for publication and registration in the Republic of Kazakhstan is united. The mark is recorded in the State Register of Marks and published afterwards in the Official Bulletin.
The processing time from first filing to registration is approx. 19-23 months.
National:
Opposition to a trademark is possible at any time. If the trademark is opposed as confusingly similar to an earlier registration, it may be opposed during 5 years from registration.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 3 years from registration or has not been used later for a continuous period of 3 years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is KZT 60599,84 for up to three classes. The filing fee for each additional class is KZT 9,800. The official registration fee is KZT 26,269.48.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 350,00 € 270,00 € 
Word Mark Search (identical) 340,00 € 240,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
07-27-2017
Mikhailyuk, Sorokolat and Partners, Almaty, Kazakhstan  

05-18-2016
Mikhailyuk, Sorokolat and Partners, Almaty, Kazakhstan  

05-11-2015
Tagbergenova & Partners, Almaty, Kazakhstan  

11-27-2013
Tagbergenova & Partners, Almaty, Kazakhstan  

04-11-2012
Tagbergenova & Partners, Almaty, Kazakhstan  

01-17-2012
Tagbergenova & Partners, Almaty, Kazakhstan  

01-09-2012
Baker & McKenzie - CIS, Limited, Almaty, Kazakhstan



Tagbergenova & Partners



Alma Tagbergenova

Alma Tagbergenova
65 Kazibek bi str.
050000 Almaty
Kazakhstan (KZ)
Tel +727 272 7709
Fax +727 250 3538
info@tagberg.kz
www.tagberg.kz

1991–1996 Kazakh National Technical University; qualification is engineer application programmer;
1997–2000 Higher Law School “Adilet”; qualification is lawyer;
Work experience: since 1993 Agency of Intellectual Property

Ms Tagbergenova has been registered as a Patent and Trademark Attorney of Kazakhstan since the year 2000 and became an Eurasian Patent Attorney since 2012. She is a member of FICPI, AIPPI, INTA.

Ms Tagbergenova can be contacted under a.tagbergenova@tagberg.kz or info@tagberg.kz

Bolotov & Partners



Yuri Bolotov

Yuri Bolotov
Almaty Residence BC, 6th Floor, 60, Auezov Street
050008 Almaty
Kazakhstan (KZ)
Tel +7 727 357 23 80
Fax +7 727 357 23 81
YBolotov@BolotovIP.com
www.BolotovIP.com

Bolotov & Partners is one of the most trusted top-tier intellectual property law firms in Kazakhstan, with a strong reputation for having an excellent understanding of intellectual property matters. It has operated in Kazakhstan and Central Asia since 1994 from its office in Almaty.

Bolotov & Partners is focused solely on IP matters. Today its IP practice covers all aspects of registration of trade marks, patents and copyrights in Kazakhstan, the Central Asia and CIS, protection and enforcement of trademark rights, preparation of assignment and license agreements, franchising, matters related to copyright, know-how, inventions and utility models, industrial designs and selection achievements, patents and domain name-related issues, trademark and patent litigation, representation of clients in civil and administrative courts of various levels, including Supreme Court and advising on measures to protect design, copyrights, information and unfair competition regulations.

All the staff are highly qualified professionals, some of them with more than 20 years’ experience handling IP matters for clients in over a dozen industries, including pharmaceuticals, consumer products, telecommunications, transportation, energy and manufacturing.

We encourage you to read on more about our team and firm on www.BolotovIP.com

Ministry of Justice of the Republic of Kazakhstan, Republic State Enterprise "National Institute of Intellectual Property"
Left Bank, Oryndor str., 8, Body 1, Entrance # 1, # 2
010000 Astana
Republic of Kazakhstan
Tel +7 8 7172 74 95 80
Mail kazpatent@kazpatent.kz
www.kazpatent.kz


Eurasian Patent Organization (EAPO)
M.Cherkasskiy per. 2
109012 Moscow
Russian Federation
Tel +7 495 41 16 15 0
Fax +7 495 62 12 42 3
Mail hotline@eapo.org
www.eapo.org

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int