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Amendments to Trademark Laws

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Sep 06, 2018 (Newsletter Issue 15/18)
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IP Legislation Amended

On July 3, 2018, various intellectual property legislation amendments came into force in Kazakhstan. The amendments were adopted in order to fill the gaps in the existing legislation and to simplify the administrative procedures related to obtaining IP rights protection.

Some of the most significant changes are outlined below:

- The National Institute of Intellectual property (NIIP) is now only involved in the IP rights registration process. The Ministry of Justice (MoJ) will be responsible for general regulatory functions. Before, both Offices were involved in the IP rights registration process.
- Well-known trademark applications can now only be considered by the MoJ Board of Appeal, while they were also considered by courts before.
- The examination periods for trademark applications have been reduced.
- All trademark applications are to be published in the Official Bulletin within 5 business days after the formal examination is completed.
- To confirm registration, amendment, renewal etc., right holders may now refer to certificates and attachments thereto without requesting additional extracts from the State Register of Trademarks.
- Date of creation of the exclusive right is the registration date of the trademark.
- Procedure for cancellation of non-use has been changed.
- Use of a trademark in a modified form may constitute use of the mark.
- Further amendments refer to licensing and geographical indications.

For further information, please check the article of the law firm Dentons Kazakhstan LLP here