Services
Trademarks
Legislation
The procedure of trademark registration is regulated by the Law of the Republic of Kazakhstan dated 26 July 1999 No. 456-I On Trademarks, Service Marks and Appellations of Origin (hereinafter – the Law).
What is recognized as a trademark?
A trademark is a graphic, verbal, alphabetic, digital, volumetric and other designation or combinations thereof, registered under the Law or protected without registration under international treaties to which the Republic of Kazakhstan is a party, which allows to distinguish goods and services of one person from similar goods or services of others.
Applicants
Applicants for trademark registration can be both legal entities and individuals. Foreign applicants apply to certified Patent Attorneys of the Republic of Kazakhstan. The application is submitted to the authorized body – the National Institute of Intellectual Property (hereinafter – the Patent Office) by post, or in electronic form through a personal account.
Registration procedure
The registration procedure comprises several stages – Preliminary examination (10 working days) – Full examination (7 months) – Registration in the State Register and publication (2 months). Effectiveness of a trademark registration is 10 years renewable unlimited number of times.
Documents required for registration
An application for a trademark may be submitted in respect of several goods or services, while the fee increases when applying for four and more goods / services, determined per the International Classification of Goods and Services (hereinafter – ICGS).
Application should be supported by:
– image of a trademark;
– confirmation of payment services of the Patent Office;
– power of attorney (when applying a representative/Patent Attorney).
The procedure of trademark registration is regulated by the Law of the Republic of Kazakhstan dated 26 July 1999 No. 456-I On Trademarks, Service Marks and Appellations of Origin (hereinafter – the Law).
What is recognized as a trademark?
A trademark is a graphic, verbal, alphabetic, digital, volumetric and other designation or combinations thereof, registered under the Law or protected without registration under international treaties to which the Republic of Kazakhstan is a party, which allows to distinguish goods and services of one person from similar goods or services of others.
Applicants
Applicants for trademark registration can be both legal entities and individuals. Foreign applicants apply to certified Patent Attorneys of the Republic of Kazakhstan. The application is submitted to the authorized body – the National Institute of Intellectual Property (hereinafter – the Patent Office) by post, or in electronic form through a personal account.
Registration procedure
The registration procedure comprises several stages – Preliminary examination (10 working days) – Full examination (7 months) – Registration in the State Register and publication (2 months). Effectiveness of a trademark registration is 10 years renewable unlimited number of times.
Documents required for registration
An application for a trademark may be submitted in respect of several goods or services, while the fee increases when applying for four and more goods / services, determined per the International Classification of Goods and Services (hereinafter – ICGS).
Application should be supported by:
– image of a trademark;
– confirmation of payment services of the Patent Office;
– power of attorney (when applying a representative/Patent Attorney).
INTERNATIONAL TRADEMARK REGISTRATION
Legislation
The procedure of international trademark registration is regulated by the normative documents of the World Intellectual Property Organization (hereinafter – WIPO) – the Madrid Agreement on the International Registration of Trademarks concluded in 1891 (hereinafter – the Agreement) and the Madrid Protocol to the Agreement concluded in 1989 (hereinafter – the Protocol). National Acts – Law of the Republic of Kazakhstan dated July 26, 1999, No. 456-I On Trademarks, Service Marks and Appellations of Origin (hereinafter – the Law), Rules of Examination of a Trademark Application in accordance with the Madrid Agreement on the International Registration of Marks and the Protocol to the Madrid Agreement on the International Registration of Marks (hereinafter – the Rules).
Registration procedure
An application for international registration is submitted to the WIPO International Bureau. The mistaken opinion is that having submitted an international application to the International Bureau, the trademark automatically receives registration in all countries of the world. The applicant should designate the country where protection is required by himself. It is worth noting that an indication of each additional country increases registration fee, at the same time filing an international application significantly reduces the costs of the applicant in contrast to filing a trademark application directly to each country. The application is usually submitted to the national office (National Institute of Intellectual Property) and after verification is redirected to the WIPO International Bureau. Further, the International Bureau sends an application to the patent offices of the countries designated by the applicant for their decision to register or to refuse to register a trademark. The international registration period is valid for 20 years, renewable an unlimited number of times.
Documents required for registration
An application for a trademark may be submitted in respect of several goods or services defined in accordance with the International Classification of Goods and Services (hereinafter – ICGS), in color, or in black and white. The application should be supported by:
– image of a trademark;
– confirmation of payment services of the Patent Office, the International Bureau, as well as fees of foreign patent offices where registration is required;
– power of attorney (when filing an application through a representative/Patent Attorney).
Legislation
The procedure of international trademark registration is regulated by the normative documents of the World Intellectual Property Organization (hereinafter – WIPO) – the Madrid Agreement on the International Registration of Trademarks concluded in 1891 (hereinafter – the Agreement) and the Madrid Protocol to the Agreement concluded in 1989 (hereinafter – the Protocol). National Acts – Law of the Republic of Kazakhstan dated July 26, 1999, No. 456-I On Trademarks, Service Marks and Appellations of Origin (hereinafter – the Law), Rules of Examination of a Trademark Application in accordance with the Madrid Agreement on the International Registration of Marks and the Protocol to the Madrid Agreement on the International Registration of Marks (hereinafter – the Rules).
Registration procedure
An application for international registration is submitted to the WIPO International Bureau. The mistaken opinion is that having submitted an international application to the International Bureau, the trademark automatically receives registration in all countries of the world. The applicant should designate the country where protection is required by himself. It is worth noting that an indication of each additional country increases registration fee, at the same time filing an international application significantly reduces the costs of the applicant in contrast to filing a trademark application directly to each country. The application is usually submitted to the national office (National Institute of Intellectual Property) and after verification is redirected to the WIPO International Bureau. Further, the International Bureau sends an application to the patent offices of the countries designated by the applicant for their decision to register or to refuse to register a trademark. The international registration period is valid for 20 years, renewable an unlimited number of times.
Documents required for registration
An application for a trademark may be submitted in respect of several goods or services defined in accordance with the International Classification of Goods and Services (hereinafter – ICGS), in color, or in black and white. The application should be supported by:
– image of a trademark;
– confirmation of payment services of the Patent Office, the International Bureau, as well as fees of foreign patent offices where registration is required;
– power of attorney (when filing an application through a representative/Patent Attorney).
SEARCH FOR IDENTITY AND SIMILARITY
The purpose
Before applying for trademark registration, it is recommended to check designation for possible similarity to the degree of confusion with registered trademarks, or trademark applications filed for registration for homogeneous goods or services. Such verification will minimize the risk of the applicant to get a decision on refusal in trademark registration. The search is mostly relevant for those companies that have just started the business or having activity without a trademark registration, since the decision on registration or refusal to register is issued 7 months following the application date, and this is a fairly long period for the company, which is already active in the market and doesn’t have a trademark registration.
Search Procedure
The search is conducted in the database of the National Institute of Intellectual Property, as well as on the International Database of the World Intellectual Property Organization (Madrid Monitor).
Term
Search term varies from 1 to 20 business days. As a result of the search, the applicant is provided with a report indicating similar trademarks (according to the expert organization), but we recommend discussing with professionals the results of the preliminary search to assess the registrability of your designation.
The purpose
Before applying for trademark registration, it is recommended to check designation for possible similarity to the degree of confusion with registered trademarks, or trademark applications filed for registration for homogeneous goods or services. Such verification will minimize the risk of the applicant to get a decision on refusal in trademark registration. The search is mostly relevant for those companies that have just started the business or having activity without a trademark registration, since the decision on registration or refusal to register is issued 7 months following the application date, and this is a fairly long period for the company, which is already active in the market and doesn’t have a trademark registration.
Search Procedure
The search is conducted in the database of the National Institute of Intellectual Property, as well as on the International Database of the World Intellectual Property Organization (Madrid Monitor).
Term
Search term varies from 1 to 20 business days. As a result of the search, the applicant is provided with a report indicating similar trademarks (according to the expert organization), but we recommend discussing with professionals the results of the preliminary search to assess the registrability of your designation.
OVERCOMING PATENT OFFICE’S ACTION ON REFUSAL IN TRADEMARK REGISTRATION
Grounds for refusal
To be registered a trademark should meet specific requirements stipulated by the provisions of Articles 6 and 7 of the Law of the Republic of Kazakhstan dated July 26, 1999, No. 456-I On Trademarks, Service Marks and Appellations of Origin (hereinafter – the Law). Designations which:
– do not have a distinctive ability;
– reproducing state emblems, flags, and emblems,
– abbreviated names or contain full names of international organizations and their flags and emblems;
– contain official control, guarantee and assay marks, seals, Olympic symbols, awards, and other insignia, as well as signs similar to them to the extent of confusion;
cannot be registered as trademarks. In addition, designations that are confusingly similar to registered or filed for registration trademarks with an earlier priority in relation to similar goods or services may not be registered as well.
Decision making
A preliminary decision on registration or on refusal to register a trademark is made in the course of a full examination, which is carried out within 7 months from the filing date. When making a preliminary decision on refusal in trademark registration, the applicant has the right to file a motivated objection within three months. In the result of consideration of a motivated objection, the expert organization issues a final decision on registration or refusal in registration.
Documents required
An objection to a preliminary refusal to register a trademark should be supported by:
– a document confirming payment of the services of the Patent Office for consideration of an objection;
– documents confirming the arguments provided in the objection (at the discretion of the applicant);
– power of attorney (in case of filing an objection through a representative/Patent Attorney).
Grounds for refusal
To be registered a trademark should meet specific requirements stipulated by the provisions of Articles 6 and 7 of the Law of the Republic of Kazakhstan dated July 26, 1999, No. 456-I On Trademarks, Service Marks and Appellations of Origin (hereinafter – the Law). Designations which:
– do not have a distinctive ability;
– reproducing state emblems, flags, and emblems,
– abbreviated names or contain full names of international organizations and their flags and emblems;
– contain official control, guarantee and assay marks, seals, Olympic symbols, awards, and other insignia, as well as signs similar to them to the extent of confusion;
cannot be registered as trademarks. In addition, designations that are confusingly similar to registered or filed for registration trademarks with an earlier priority in relation to similar goods or services may not be registered as well.
Decision making
A preliminary decision on registration or on refusal to register a trademark is made in the course of a full examination, which is carried out within 7 months from the filing date. When making a preliminary decision on refusal in trademark registration, the applicant has the right to file a motivated objection within three months. In the result of consideration of a motivated objection, the expert organization issues a final decision on registration or refusal in registration.
Documents required
An objection to a preliminary refusal to register a trademark should be supported by:
– a document confirming payment of the services of the Patent Office for consideration of an objection;
– documents confirming the arguments provided in the objection (at the discretion of the applicant);
– power of attorney (in case of filing an objection through a representative/Patent Attorney).
PROTECTION OF IP RIGHTS IN THE BOARD OF APPEALS
An application for registration of intellectual property does not always go through the so-called “smooth” registration. Generally, the reason is in the filing of an application for intellectual property that does not meet the protection criteria.
Conditions of eligibility
A trademark should be original and not confusingly similar to registered or filed for registration trademarks.
Refusal in registration
The decision to register or to refuse registration of the intellectual property is made based on the results of a substantial examination. The term for taking a decision takes 7 months. Once the preliminary decision on the refusal to register a trademark is issued, the applicant has the right to file a reasonable objection within 3 months.
Board of Appeals
The Board of Appeals is a participatory body under the Ministry of Justice of the Republic of Kazakhstan dealing with the pre-trial consideration of the applicants’ objections. The Board of Appeals consists of at least five members.
In terms of trademarks, the Board of Appeals considers the following objections:
– to the final decision of the Patent Office to the refusal in trademark registration;
– against the registration of a trademark.
Timing
– an objection to the final decision to the refusal in trademark registration is filed within 3 months from the date of sending the refusal, the term for consideration by the Board of Appeals is 4 months;
– the term for considering an objection against the registration of a trademark is 6 months;
Decisions of the Board of Appeals
The Board of Appeals issues one of the following decisions:
– to satisfy the objection;
– partially satisfy the objection;
– on refusal to consider the objection;
– on refusal to satisfy the objection.
An application for registration of intellectual property does not always go through the so-called “smooth” registration. Generally, the reason is in the filing of an application for intellectual property that does not meet the protection criteria.
Conditions of eligibility
A trademark should be original and not confusingly similar to registered or filed for registration trademarks.
Refusal in registration
The decision to register or to refuse registration of the intellectual property is made based on the results of a substantial examination. The term for taking a decision takes 7 months. Once the preliminary decision on the refusal to register a trademark is issued, the applicant has the right to file a reasonable objection within 3 months.
Board of Appeals
The Board of Appeals is a participatory body under the Ministry of Justice of the Republic of Kazakhstan dealing with the pre-trial consideration of the applicants’ objections. The Board of Appeals consists of at least five members.
In terms of trademarks, the Board of Appeals considers the following objections:
– to the final decision of the Patent Office to the refusal in trademark registration;
– against the registration of a trademark.
Timing
– an objection to the final decision to the refusal in trademark registration is filed within 3 months from the date of sending the refusal, the term for consideration by the Board of Appeals is 4 months;
– the term for considering an objection against the registration of a trademark is 6 months;
Decisions of the Board of Appeals
The Board of Appeals issues one of the following decisions:
– to satisfy the objection;
– partially satisfy the objection;
– on refusal to consider the objection;
– on refusal to satisfy the objection.
JUSTICIABLE IP DISPUTES
IP disputes, which are subject to consideration in the court, are the specific categories of cases determined by legislation. As a prerequisite, some of the disputes, before application to the court, are subject to pre-trial proceeding – by consideration in the Board of Appeals of the Ministry of Justice of the Republic of Kazakhstan (this proceeding was previously outlined here).
Trademark disputes
The following disputes are considered in court:
Against the decision of the Board of Appeals;
The legitimacy of issue a trademark certificate;
Against the registration of a trademark in connection with its non-use;
Violation of the exclusive right of the owner of the trademark;
Conclusion and execution of license agreements;
The legitimacy of recognizing a trademark as well-known;
Termination of the registration of a trademark which is identical or confusingly similar to a well-known trademark, if its use is capable of misleading the consumer regarding the product or its manufacturer;
Other disputes related to the protection of the trademark holder’s rights.
Some disputes may be considered, by agreement of the parties, in the arbitration or mediation, if this is not prohibited by the laws “On Arbitration” and “On Mediation”.
IP disputes, which are subject to consideration in the court, are the specific categories of cases determined by legislation. As a prerequisite, some of the disputes, before application to the court, are subject to pre-trial proceeding – by consideration in the Board of Appeals of the Ministry of Justice of the Republic of Kazakhstan (this proceeding was previously outlined here).
Trademark disputes
The following disputes are considered in court:
Against the decision of the Board of Appeals;
The legitimacy of issue a trademark certificate;
Against the registration of a trademark in connection with its non-use;
Violation of the exclusive right of the owner of the trademark;
Conclusion and execution of license agreements;
The legitimacy of recognizing a trademark as well-known;
Termination of the registration of a trademark which is identical or confusingly similar to a well-known trademark, if its use is capable of misleading the consumer regarding the product or its manufacturer;
Other disputes related to the protection of the trademark holder’s rights.
Some disputes may be considered, by agreement of the parties, in the arbitration or mediation, if this is not prohibited by the laws “On Arbitration” and “On Mediation”.
IP Customs Register
Legislation
The procedure for registration of intellectual property in the Customs Register of Intellectual Property (the Customs Register) is regulated by the Code of the Republic of Kazakhstan On Customs Regulation in the Republic of Kazakhstan dated December 26, 2017, No. 123-VI and the Order of the Minister of Finance of the Republic of Kazakhstan On Approval of the Form and Rules for Maintaining the Customs Register of Intellectual Property dated February 1, 2018, No. 109.
Purpose
To protect IP holder’s right at the customs border of the Republic of Kazakhstan, and soon on the territory of the Eurasian Economic Union, against violation. The implementation of this measure is available by inclusion of the intellectual property in the Customs Register. Protection is possible both from parallel imports and from the import of counterfeit goods.
IP rights
The following IP rights may be included into Customs Register:
– Copyright;
– Related rights;
– Trademarks, service marks;
– Appellations of origin of goods.
The Customs Register is maintained by the customs authorities and published on the official Internet resource.
Authorized importers
While inclusion of the intellectual property in the Customs Register, the rights holder is entitled to specify the authorized importers who may import the goods, marked with the IP of the right holder, without suspension.
Actions of customs authorities
When the customs authorities reveal the goods violating the intellectual property rights of the applicant, the customs authority suspends the release of such goods for 10 working days. Further, the customs authority notifies the right holder or his representative about a possible violation, after, the right holder has the right to:
– extend the 10 days period, but not more than for the next 10 working days provided that the IP holder applied to the court for the protection of rights;
– take samples of suspended goods;
– inspect, photograph, or otherwise record the suspended items.
Documents for registration
The application should be supported with:
– A document confirming the ownership by the applicant of intellectual property right;
– Liability insurance contract;
– Description of distinctive features of original goods, from goods containing the signs of infringement of intellectual property rights;
– A document confirming the fact of movement of goods across the customs border of the Eurasian Economic Union in violation of intellectual property rights;
– Power of Attorney.
Legislation
The procedure for registration of intellectual property in the Customs Register of Intellectual Property (the Customs Register) is regulated by the Code of the Republic of Kazakhstan On Customs Regulation in the Republic of Kazakhstan dated December 26, 2017, No. 123-VI and the Order of the Minister of Finance of the Republic of Kazakhstan On Approval of the Form and Rules for Maintaining the Customs Register of Intellectual Property dated February 1, 2018, No. 109.
Purpose
To protect IP holder’s right at the customs border of the Republic of Kazakhstan, and soon on the territory of the Eurasian Economic Union, against violation. The implementation of this measure is available by inclusion of the intellectual property in the Customs Register. Protection is possible both from parallel imports and from the import of counterfeit goods.
IP rights
The following IP rights may be included into Customs Register:
– Copyright;
– Related rights;
– Trademarks, service marks;
– Appellations of origin of goods.
The Customs Register is maintained by the customs authorities and published on the official Internet resource.
Authorized importers
While inclusion of the intellectual property in the Customs Register, the rights holder is entitled to specify the authorized importers who may import the goods, marked with the IP of the right holder, without suspension.
Actions of customs authorities
When the customs authorities reveal the goods violating the intellectual property rights of the applicant, the customs authority suspends the release of such goods for 10 working days. Further, the customs authority notifies the right holder or his representative about a possible violation, after, the right holder has the right to:
– extend the 10 days period, but not more than for the next 10 working days provided that the IP holder applied to the court for the protection of rights;
– take samples of suspended goods;
– inspect, photograph, or otherwise record the suspended items.
Documents for registration
The application should be supported with:
– A document confirming the ownership by the applicant of intellectual property right;
– Liability insurance contract;
– Description of distinctive features of original goods, from goods containing the signs of infringement of intellectual property rights;
– A document confirming the fact of movement of goods across the customs border of the Eurasian Economic Union in violation of intellectual property rights;
– Power of Attorney.
Instruments of IP rights transfer
The commercialization of intellectual property is sometimes one of the main incentives for its creation. Kazakh legislation provides for several types of agreements on IP rights transfer, thus the rightsholder has the opportunity to commercialize his intellectual property in different ways.
License
A license agreement implies a temporary transfer of rights to intellectual property. Types of licenses:
– non-exclusive – can be issued to several persons (licensees) while retaining the licensor’s ability to use the transferred creation;
– exclusive – usually issued in the name of one licensee. Unless otherwise provided in the contract, the licensor may retain the right to use the creation by himself as well;
Grant of sublicense is possible if such an ability is provided for by the contract.
Franchising
Franchising is a type of license. Difference of the franchise compared to license is the subject of the agreement – besides transferring the right to a trademark, the licensor transfers a set of other exclusive rights, such as the right to a company name, know-how, trade secrets, etc.
Assignment
Under the assignment agreement, the rights are fully transferred to the assignee, while in relation to trademarks, only part of the goods or services may be assigned.
Pledge
The IP rights may be subject to a pledge.
Form of contract and effectiveness
All the above agreements must be executed in writing. The requirements for the statutory registration of IP rights transfer apply to a license / sublicense agreement, franchise, assignment, and pledge. Failure to comply with the written form and / or registration requirement entails the nullity of the contract.
Registration procedure and terms
The term for registration of IP rights transfer contracts is 10 working days. The application and the documents attached to it are submitted in Kazakh or Russian.
The application should be supported with:
– a document confirming the payment of state duty;
– an electronic version of the agreement or a scanned notarized version of the agreement;
– a copy of the power of attorney.
The commercialization of intellectual property is sometimes one of the main incentives for its creation. Kazakh legislation provides for several types of agreements on IP rights transfer, thus the rightsholder has the opportunity to commercialize his intellectual property in different ways.
License
A license agreement implies a temporary transfer of rights to intellectual property. Types of licenses:
– non-exclusive – can be issued to several persons (licensees) while retaining the licensor’s ability to use the transferred creation;
– exclusive – usually issued in the name of one licensee. Unless otherwise provided in the contract, the licensor may retain the right to use the creation by himself as well;
Grant of sublicense is possible if such an ability is provided for by the contract.
Franchising
Franchising is a type of license. Difference of the franchise compared to license is the subject of the agreement – besides transferring the right to a trademark, the licensor transfers a set of other exclusive rights, such as the right to a company name, know-how, trade secrets, etc.
Assignment
Under the assignment agreement, the rights are fully transferred to the assignee, while in relation to trademarks, only part of the goods or services may be assigned.
Pledge
The IP rights may be subject to a pledge.
Form of contract and effectiveness
All the above agreements must be executed in writing. The requirements for the statutory registration of IP rights transfer apply to a license / sublicense agreement, franchise, assignment, and pledge. Failure to comply with the written form and / or registration requirement entails the nullity of the contract.
Registration procedure and terms
The term for registration of IP rights transfer contracts is 10 working days. The application and the documents attached to it are submitted in Kazakh or Russian.
The application should be supported with:
– a document confirming the payment of state duty;
– an electronic version of the agreement or a scanned notarized version of the agreement;
– a copy of the power of attorney.
Copyright
COPYRIGHTS IN KAZAKHSTAN
Legislation
Copyrights in Kazakhstan are regulated by the Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I On Copyright and Related Rights (the Law).
Copyrighted works
The following creative works may be subject to copyrights:
– literary works;
– dramatic and musical-dramatic works;
– screenwriting;
– works of choreography and pantomime;
– musical works with or without text;
– audiovisual works;
– works of painting, sculpture, graphics and other works of fine art;
– works of applied art;
– works of architecture, urban planning, design, and landscape art;
– photographic works;
– maps, plans, sketches, illustrations and three-dimensional works related to geography, topography and other sciences;
– computer programs;
– derivative works (translations, processing, annotations, abstracts, resumes, reviews, stage plays, musical arrangements and other processing of works of science, literature, and art);
– collections (encyclopedias, anthologies, databases) and other composite works;
– other works.
Copyright does not apply to ideas, concepts, principles, methods, systems, processes, discoveries, and facts. It should be noted that the work of copyright should be expressed in some objective form, while the fact of public availability of the work does not matter for the protection of copyright.
Effectiveness
The moral rights of the author, such as the right of authorship, the right to a name, the right to protect the reputation of the author, are permanent. Property rights – throughout the life of the author and seventy years after his death.
Registration
Since copyright arises by virtue of the fact of its creation, registration or any other formalities are not required. At the same time, the Law provides for the possibility of entering copyright information into the State Register of Copyright. Registration takes only one business day.
It is worth noting that the previously available possibility of registering copyright in the name of a legal entity was abolished since last amendments to the Law in 2018, now only an individual can be an applicant.
Documents for registration
The application is submitted in an electronic format. The application should be supported with:
– A copy of the work, or, depending on the subject of copyright, sketches, drawing or photographs. In relation to computer programs or databases – an abstract;
– Payment for services of the Patent Office;
– Power of attorney (in case of registration through a representative).
Legislation
Copyrights in Kazakhstan are regulated by the Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I On Copyright and Related Rights (the Law).
Copyrighted works
The following creative works may be subject to copyrights:
– literary works;
– dramatic and musical-dramatic works;
– screenwriting;
– works of choreography and pantomime;
– musical works with or without text;
– audiovisual works;
– works of painting, sculpture, graphics and other works of fine art;
– works of applied art;
– works of architecture, urban planning, design, and landscape art;
– photographic works;
– maps, plans, sketches, illustrations and three-dimensional works related to geography, topography and other sciences;
– computer programs;
– derivative works (translations, processing, annotations, abstracts, resumes, reviews, stage plays, musical arrangements and other processing of works of science, literature, and art);
– collections (encyclopedias, anthologies, databases) and other composite works;
– other works.
Copyright does not apply to ideas, concepts, principles, methods, systems, processes, discoveries, and facts. It should be noted that the work of copyright should be expressed in some objective form, while the fact of public availability of the work does not matter for the protection of copyright.
Effectiveness
The moral rights of the author, such as the right of authorship, the right to a name, the right to protect the reputation of the author, are permanent. Property rights – throughout the life of the author and seventy years after his death.
Registration
Since copyright arises by virtue of the fact of its creation, registration or any other formalities are not required. At the same time, the Law provides for the possibility of entering copyright information into the State Register of Copyright. Registration takes only one business day.
It is worth noting that the previously available possibility of registering copyright in the name of a legal entity was abolished since last amendments to the Law in 2018, now only an individual can be an applicant.
Documents for registration
The application is submitted in an electronic format. The application should be supported with:
– A copy of the work, or, depending on the subject of copyright, sketches, drawing or photographs. In relation to computer programs or databases – an abstract;
– Payment for services of the Patent Office;
– Power of attorney (in case of registration through a representative).
COPYRIGHTS IN KAZAKHSTAN
Legislation
Copyrights in Kazakhstan are regulated by the Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I On Copyright and Related Rights (the Law).
Copyrighted works
The following creative works may be subject to copyrights:
– literary works;
– dramatic and musical-dramatic works;
– screenwriting;
– works of choreography and pantomime;
– musical works with or without text;
– audiovisual works;
– works of painting, sculpture, graphics and other works of fine art;
– works of applied art;
– works of architecture, urban planning, design, and landscape art;
– photographic works;
– maps, plans, sketches, illustrations and three-dimensional works related to geography, topography and other sciences;
– computer programs;
– derivative works (translations, processing, annotations, abstracts, resumes, reviews, stage plays, musical arrangements and other processing of works of science, literature, and art);
– collections (encyclopedias, anthologies, databases) and other composite works;
– other works.
Copyright does not apply to ideas, concepts, principles, methods, systems, processes, discoveries, and facts. It should be noted that the work of copyright should be expressed in some objective form, while the fact of public availability of the work does not matter for the protection of copyright.
Effectiveness
The moral rights of the author, such as the right of authorship, the right to a name, the right to protect the reputation of the author, are permanent. Property rights – throughout the life of the author and seventy years after his death.
Registration
Since copyright arises by virtue of the fact of its creation, registration or any other formalities are not required. At the same time, the Law provides for the possibility of entering copyright information into the State Register of Copyright. Registration takes only one business day.
It is worth noting that the previously available possibility of registering copyright in the name of a legal entity was abolished since last amendments to the Law in 2018, now only an individual can be an applicant.
Documents for registration
The application is submitted in an electronic format. The application should be supported with:
– A copy of the work, or, depending on the subject of copyright, sketches, drawing or photographs. In relation to computer programs or databases – an abstract;
– Payment for services of the Patent Office;
– Power of attorney (in case of registration through a representative).
Legislation
Copyrights in Kazakhstan are regulated by the Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I On Copyright and Related Rights (the Law).
Copyrighted works
The following creative works may be subject to copyrights:
– literary works;
– dramatic and musical-dramatic works;
– screenwriting;
– works of choreography and pantomime;
– musical works with or without text;
– audiovisual works;
– works of painting, sculpture, graphics and other works of fine art;
– works of applied art;
– works of architecture, urban planning, design, and landscape art;
– photographic works;
– maps, plans, sketches, illustrations and three-dimensional works related to geography, topography and other sciences;
– computer programs;
– derivative works (translations, processing, annotations, abstracts, resumes, reviews, stage plays, musical arrangements and other processing of works of science, literature, and art);
– collections (encyclopedias, anthologies, databases) and other composite works;
– other works.
Copyright does not apply to ideas, concepts, principles, methods, systems, processes, discoveries, and facts. It should be noted that the work of copyright should be expressed in some objective form, while the fact of public availability of the work does not matter for the protection of copyright.
Effectiveness
The moral rights of the author, such as the right of authorship, the right to a name, the right to protect the reputation of the author, are permanent. Property rights – throughout the life of the author and seventy years after his death.
Registration
Since copyright arises by virtue of the fact of its creation, registration or any other formalities are not required. At the same time, the Law provides for the possibility of entering copyright information into the State Register of Copyright. Registration takes only one business day.
It is worth noting that the previously available possibility of registering copyright in the name of a legal entity was abolished since last amendments to the Law in 2018, now only an individual can be an applicant.
Documents for registration
The application is submitted in an electronic format. The application should be supported with:
– A copy of the work, or, depending on the subject of copyright, sketches, drawing or photographs. In relation to computer programs or databases – an abstract;
– Payment for services of the Patent Office;
– Power of attorney (in case of registration through a representative).
Patents
OBTAINING A PATENT IN KAZAKHSTAN
Types of Patents
The legislation of the Republic of Kazakhstan provides for the following types of patents:
– Patent for an invention. The invention is a technical solution that relates to the product, method, and the use of known products or methods for a new purpose, or a new product for a specific purpose. The invention should meet the requirements of novelty, inventive step, and industrial applicability.
– Patent for utility model. The utility model is a technical solution that relates to the product, method, and the application of a known product or method for a new purpose or a new product for a specific purpose, with the exception of diagnostic, therapeutic, and surgical methods for treating people or animals. The utility model should meet the requirements of novelty and industrial applicability.
– Patent for a design. Design is an artistic solution for a product of industrial production, which determines the appearance of the product. The design is subject to the requirements of novelty and originality.
Legislation
The procedure for patents obtaining is regulated by the Law of the Republic of Kazakhstan dated 16 July 1999 No. 427-I The Patent Law of the Republic of Kazakhstan, as well by the Rules for the examination of applications for industrial property objects (approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated 29 August 2018 No. 1349).
Patent holders
The owner of a patent may be the author, employer, or assignee. A patent certifies priority, authorship, and exclusive right to an industrial property object.
Registration procedure
Patent for invention
– formal examination (2 months);
– substantive examination (13 months);
– registration in the State Register and publication (18 months following the application date).
An invention patent is effective for 20 years with the possibility of extension for up to 5 years (applicable only to medicinal products or pesticides).
Utility model patent
– examination (4 months);
– registration in the State Register and publication (12 months following the application date).
The patent is effective for 5 years with the possibility of extension for up to 3 years.
Industrial design patent
– formal examination (2 months);
– substantive examination (7 months);
– registration in the State Register and publication (12 months following the application date).
The patent is effective for 15 years with the possibility of extension for up to 5 years.
Documents required for registration
– Application for a patent issue, supported by a description, formula, drawings and a summary;
– A document confirming payment of the services of the Patent Office;
– Power of Attorney (in case of filing an application through a representative).
Types of Patents
The legislation of the Republic of Kazakhstan provides for the following types of patents:
– Patent for an invention. The invention is a technical solution that relates to the product, method, and the use of known products or methods for a new purpose, or a new product for a specific purpose. The invention should meet the requirements of novelty, inventive step, and industrial applicability.
– Patent for utility model. The utility model is a technical solution that relates to the product, method, and the application of a known product or method for a new purpose or a new product for a specific purpose, with the exception of diagnostic, therapeutic, and surgical methods for treating people or animals. The utility model should meet the requirements of novelty and industrial applicability.
– Patent for a design. Design is an artistic solution for a product of industrial production, which determines the appearance of the product. The design is subject to the requirements of novelty and originality.
Legislation
The procedure for patents obtaining is regulated by the Law of the Republic of Kazakhstan dated 16 July 1999 No. 427-I The Patent Law of the Republic of Kazakhstan, as well by the Rules for the examination of applications for industrial property objects (approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated 29 August 2018 No. 1349).
Patent holders
The owner of a patent may be the author, employer, or assignee. A patent certifies priority, authorship, and exclusive right to an industrial property object.
Registration procedure
Patent for invention
– formal examination (2 months);
– substantive examination (13 months);
– registration in the State Register and publication (18 months following the application date).
An invention patent is effective for 20 years with the possibility of extension for up to 5 years (applicable only to medicinal products or pesticides).
Utility model patent
– examination (4 months);
– registration in the State Register and publication (12 months following the application date).
The patent is effective for 5 years with the possibility of extension for up to 3 years.
Industrial design patent
– formal examination (2 months);
– substantive examination (7 months);
– registration in the State Register and publication (12 months following the application date).
The patent is effective for 15 years with the possibility of extension for up to 5 years.
Documents required for registration
– Application for a patent issue, supported by a description, formula, drawings and a summary;
– A document confirming payment of the services of the Patent Office;
– Power of Attorney (in case of filing an application through a representative).
INTERNATIONAL PATENTING
Legislation
The international patenting procedure is governed by the Patent Cooperation Treaty (PCT) 1970, the PCT Instruction, the PCT Administrative Instruction, as well as local acts – the Law of the Republic of Kazakhstan dated July 16, 1999, No. 427-I Patent Law of the Republic of Kazakhstan, as well as the Rules of Examination Applications for an Industrial Property Object under the Patent Cooperation Treaty and the Eurasian Patent Convention (Local Acts).
Benefits
International patenting provides for the opportunity to obtain a patent simultaneously in several countries by filing one application. PCT member states are 153 states which automatically become designated countries. Nevertheless, to obtain a title of protection in the desired country, it is necessary to transfer the international application to the national phase, in other words, to go through the local procedure for patent obtaining. This means that the decision to grant a patent in a given country is taken by the national patent office during the national phase. Besides, the international patenting provides for the following benefits:
– The application is submitted in one language to one office;
– The application is initially considered to meet the formal requirements of the national application in each state;
– The filing date of the international application retains as the filing date for each designated state;
– Possibility to postpone the national procedure for up to 30 months.
Legislation
The international patenting procedure is governed by the Patent Cooperation Treaty (PCT) 1970, the PCT Instruction, the PCT Administrative Instruction, as well as local acts – the Law of the Republic of Kazakhstan dated July 16, 1999, No. 427-I Patent Law of the Republic of Kazakhstan, as well as the Rules of Examination Applications for an Industrial Property Object under the Patent Cooperation Treaty and the Eurasian Patent Convention (Local Acts).
Benefits
International patenting provides for the opportunity to obtain a patent simultaneously in several countries by filing one application. PCT member states are 153 states which automatically become designated countries. Nevertheless, to obtain a title of protection in the desired country, it is necessary to transfer the international application to the national phase, in other words, to go through the local procedure for patent obtaining. This means that the decision to grant a patent in a given country is taken by the national patent office during the national phase. Besides, the international patenting provides for the following benefits:
– The application is submitted in one language to one office;
– The application is initially considered to meet the formal requirements of the national application in each state;
– The filing date of the international application retains as the filing date for each designated state;
– Possibility to postpone the national procedure for up to 30 months.
EXPANDING TERRITORY OF THE INVENTION PATENT
International patenting
Legislation
The international patenting procedure is governed by the Patent Cooperation Treaty (PCT) 1970, the PCT Instruction, the PCT Administrative Instruction, as well as local acts – the Law of the Republic of Kazakhstan dated July 16, 1999, No. 427-I Patent Law of the Republic of Kazakhstan, as well as the Rules of Examination Applications for an Industrial Property Object under the Patent Cooperation Treaty and the Eurasian Patent Convention (Local Acts).
Benefits
International patenting provides for the opportunity to obtain a patent simultaneously in several countries by filing one application. PCT member states are 153 states which automatically become designated countries. Nevertheless, to obtain a title of protection in the desired country, it is necessary to transfer the international application to the national phase, in other words, to go through the local procedure for patent obtaining. This means that the decision to grant a patent in a given country is taken by the national patent office during the national phase. Besides, the international patenting provides for the following benefits:
– The application is submitted in one language to one office;
– The application is initially considered to meet the formal requirements of the national application in each state;
– The filing date of the international application retains as the filing date for each designated state;
– Possibility to postpone the national procedure for up to 30 months.
Regional patenting. Obtaining a Eurasian patent
Legislation
The procedure for obtaining a Eurasian patent is regulated by the 1994 Eurasian Patent Convention (EAPC), the Patent Regulations to the Eurasian Patent Convention, and Local Acts.
Benefits
This patenting method is preferable for CIS applicants since the filing of one application covers 8 countries at the same time: Turkmenistan, Belarus, Tajikistan, the Russian Federation, Kazakhstan, Azerbaijan, Kyrgyzstan, and Armenia. An application can be filed directly with the Eurasian Patent Office (EAPO), or through the national office of an EAPC member state. Unlike the international patenting system, the EAPO issues a title of protection – the Eurasian patent – based on the results of the substantive examination and publishes information about it. The term of the patent is 20 years, besides:
– The application is submitted in Russian language (it is possible to submit in another language with the subsequent provision of a translation);
– Applicants who have permanent residence in the territory of the EAPC member state can apply by themselves;
– Significant reduction of the patent obtaining terms.
International patenting
Legislation
The international patenting procedure is governed by the Patent Cooperation Treaty (PCT) 1970, the PCT Instruction, the PCT Administrative Instruction, as well as local acts – the Law of the Republic of Kazakhstan dated July 16, 1999, No. 427-I Patent Law of the Republic of Kazakhstan, as well as the Rules of Examination Applications for an Industrial Property Object under the Patent Cooperation Treaty and the Eurasian Patent Convention (Local Acts).
Benefits
International patenting provides for the opportunity to obtain a patent simultaneously in several countries by filing one application. PCT member states are 153 states which automatically become designated countries. Nevertheless, to obtain a title of protection in the desired country, it is necessary to transfer the international application to the national phase, in other words, to go through the local procedure for patent obtaining. This means that the decision to grant a patent in a given country is taken by the national patent office during the national phase. Besides, the international patenting provides for the following benefits:
– The application is submitted in one language to one office;
– The application is initially considered to meet the formal requirements of the national application in each state;
– The filing date of the international application retains as the filing date for each designated state;
– Possibility to postpone the national procedure for up to 30 months.
Regional patenting. Obtaining a Eurasian patent
Legislation
The procedure for obtaining a Eurasian patent is regulated by the 1994 Eurasian Patent Convention (EAPC), the Patent Regulations to the Eurasian Patent Convention, and Local Acts.
Benefits
This patenting method is preferable for CIS applicants since the filing of one application covers 8 countries at the same time: Turkmenistan, Belarus, Tajikistan, the Russian Federation, Kazakhstan, Azerbaijan, Kyrgyzstan, and Armenia. An application can be filed directly with the Eurasian Patent Office (EAPO), or through the national office of an EAPC member state. Unlike the international patenting system, the EAPO issues a title of protection – the Eurasian patent – based on the results of the substantive examination and publishes information about it. The term of the patent is 20 years, besides:
– The application is submitted in Russian language (it is possible to submit in another language with the subsequent provision of a translation);
– Applicants who have permanent residence in the territory of the EAPC member state can apply by themselves;
– Significant reduction of the patent obtaining terms.
OBTAINING A PATENT IN KAZAKHSTAN
Types of Patents
The legislation of the Republic of Kazakhstan provides for the following types of patents:
– Patent for an invention. The invention is a technical solution that relates to the product, method, and the use of known products or methods for a new purpose, or a new product for a specific purpose. The invention should meet the requirements of novelty, inventive step, and industrial applicability.
– Patent for utility model. The utility model is a technical solution that relates to the product, method, and the application of a known product or method for a new purpose or a new product for a specific purpose, with the exception of diagnostic, therapeutic, and surgical methods for treating people or animals. The utility model should meet the requirements of novelty and industrial applicability.
– Patent for a design. Design is an artistic solution for a product of industrial production, which determines the appearance of the product. The design is subject to the requirements of novelty and originality.
Legislation
The procedure for patents obtaining is regulated by the Law of the Republic of Kazakhstan dated 16 July 1999 No. 427-I The Patent Law of the Republic of Kazakhstan, as well by the Rules for the examination of applications for industrial property objects (approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated 29 August 2018 No. 1349).
Patent holders
The owner of a patent may be the author, employer, or assignee. A patent certifies priority, authorship, and exclusive right to an industrial property object.
Registration procedure
Patent for invention
– formal examination (2 months);
– substantive examination (13 months);
– registration in the State Register and publication (18 months following the application date).
An invention patent is effective for 20 years with the possibility of extension for up to 5 years (applicable only to medicinal products or pesticides).
Utility model patent
– examination (4 months);
– registration in the State Register and publication (12 months following the application date).
The patent is effective for 5 years with the possibility of extension for up to 3 years.
Industrial design patent
– formal examination (2 months);
– substantive examination (7 months);
– registration in the State Register and publication (12 months following the application date).
The patent is effective for 15 years with the possibility of extension for up to 5 years.
Documents required for registration
– Application for a patent issue, supported by a description, formula, drawings and a summary;
– A document confirming payment of the services of the Patent Office;
– Power of Attorney (in case of filing an application through a representative).
Types of Patents
The legislation of the Republic of Kazakhstan provides for the following types of patents:
– Patent for an invention. The invention is a technical solution that relates to the product, method, and the use of known products or methods for a new purpose, or a new product for a specific purpose. The invention should meet the requirements of novelty, inventive step, and industrial applicability.
– Patent for utility model. The utility model is a technical solution that relates to the product, method, and the application of a known product or method for a new purpose or a new product for a specific purpose, with the exception of diagnostic, therapeutic, and surgical methods for treating people or animals. The utility model should meet the requirements of novelty and industrial applicability.
– Patent for a design. Design is an artistic solution for a product of industrial production, which determines the appearance of the product. The design is subject to the requirements of novelty and originality.
Legislation
The procedure for patents obtaining is regulated by the Law of the Republic of Kazakhstan dated 16 July 1999 No. 427-I The Patent Law of the Republic of Kazakhstan, as well by the Rules for the examination of applications for industrial property objects (approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated 29 August 2018 No. 1349).
Patent holders
The owner of a patent may be the author, employer, or assignee. A patent certifies priority, authorship, and exclusive right to an industrial property object.
Registration procedure
Patent for invention
– formal examination (2 months);
– substantive examination (13 months);
– registration in the State Register and publication (18 months following the application date).
An invention patent is effective for 20 years with the possibility of extension for up to 5 years (applicable only to medicinal products or pesticides).
Utility model patent
– examination (4 months);
– registration in the State Register and publication (12 months following the application date).
The patent is effective for 5 years with the possibility of extension for up to 3 years.
Industrial design patent
– formal examination (2 months);
– substantive examination (7 months);
– registration in the State Register and publication (12 months following the application date).
The patent is effective for 15 years with the possibility of extension for up to 5 years.
Documents required for registration
– Application for a patent issue, supported by a description, formula, drawings and a summary;
– A document confirming payment of the services of the Patent Office;
– Power of Attorney (in case of filing an application through a representative).
