INTELLECTUAL PROPERTY RIGHTS IN KAZAKHSTAN
Opposition Term |
Anytime until Registration |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
On 03.07.2018 came into force the Law of the Republic of Kazakhstan "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Improving Legislation in the Sphere of Intellectual Property" dated June 20, 2018.
For getting a trademark registered in Kazakhstan, an application has to be filed with the National Institute of Intellectual Property (Kazpatent), which administers the entire trademark registration process.
It follows a 'first-to-file' system.
Kazakhstan follows the 10th edition of Nice Classification. Multi-class trademark applications are acceptable.
There is no separate opposition procedure in Kazakhstan. Any person can file an objection against a trademark application after its publication and before the decision on its registration.
A trademark certificate is valid for ten (10) years from the filing date of the application with the possibility of an unlimited number of renewals for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months with a penalty.
If a registered trademark is not used by the owner for the declared products or services for three (03) years, registration for part of the list or the certificate as a whole can be challenged by third parties.
Kazakhstan is a member of the Paris Convention for the Protection of Industrial Property.
The Law of the Republic of Kazakhstan of 16 July 1999 No. 427 deals with the mechanism of patent protection in Kazakhstan.
For seeking patent protection in Kazakhstan, an application has to be filed with the Kazakhstani PTO – the National Institute of Intellectual Property (Kazpatent), which administers the entire process of patent grant.
In Kazakhstan, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
The patent term is twenty (20) years with an additional period of five (05) years claimable for inventions on medicine and agrochemicals. The first annuities for a patent starting from the 1st year till the year when a patent decision is issued are payable within two (02) months from the publication of the patent. All next annuities are counted starting from the filing date and are payable before the end of the year.
In Kazakhstan, an opposition against a patent application can be raised at the pre-grant stage within two (02) months approximately.
A design patent is valid for fifteen (15) years from the date of filing of an application with a possible extension of five (05) years. The patentee must annually pay for maintenance of the patent in force. The first payment is made within two (02) months from the date of publication of information about the patent issuance.
Law No. 427 of 16th JULY 1999 of the Republic of Kazakhstan governs and deals with the mechanism of registration of industrial designs in the nation.
For getting an industrial design registered in Kazakhstan, an application has to be filed with the Kazakhstani PTO – the National Institute of Intellectual Property (Kazpatent, which administers the entire process of registration.
The types of industrial design applications that can be filed in Kazakhstan include Non-Convention Application and Convention Application.
Patents on utility model are valid during five (05) years from the date of submission of the application with a possible extension of the validity term pursuant to the patentee petition, but not more than for three (03) years.
Patents on industrial design are valid during fifteen (15) years from the date of submission of the application with a possible extension of the validity term pursuant to the patentee petition, but not more than for five (05) years.
The time frame for payment of the renewal fee before the due date is six (06) months.
There is no grace period to renew a registered industrial design.
Kazakhstan is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Law No. 6 of 10th June 1996 of the Republic of Kazakhstan “On Copyright and Related Rights” 2000 is the basic legislation governing copyright protection in Kazakhstan.
In Kazakhstan, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. However, one can avail some facilities for having the work registered in Kazakhstan. The IPR Committee registers the copyright and related rights, issues a certificate of registration, and records the object in the State Register of works protected by the copyright and related rights legislation.
Copyright protection lasts during the life of the author and for the period of seventy years (70) after his or her death.
The rights concerning the performers are effective within seventy years (70) after the first performance or staging.
Rights concerning the on-air broadcasting organizations are effective within seventy (70) years after conducting by such an organization of the first on-air broadcasting.
Rights concerning the cable broadcasting organizations are effective within seventy (70) years after conducting by such an organization of the first broadcasting by cable for general information.