Kazakhstan Introduces Significant Changes to TM Legislation
24-Sep-2018
ASTANA - The Law of the Republic of Kazakhstan No. 161-VI on “Amendments to Certain Legislative Acts of the Republic of Kazakhstan Concerning the Improvement of Legislation in the Sphere of Intellectual Property” has entered into force in Kazakhstan.
The key changes, that will affect the procedure for the defense and protection of trademark rights, are as follows:
1. Trademark registration:
The process of trademark registration is now simplified and shortened. The examination proceedings will take about 7 months, instead of 9 months as previously. The whole registration procedure will take about one year. A copy of the power of attorney is sufficient when filing the application.
2. Publication of applications:
After conducting a preliminary examination, the expert organization will publish information on an application in the bulletin within 5 business days.
4. Recordals:
Recordals (licenses, assignments) should be considered within 10 working days, instead of 40 days as previously. In case the term of a license agreement is not indicated in the agreement, it is considered to be valid for five years.
5. Cancellation actions due to non-use:
Cancellation actions due to non-use are now considered by the Court, instead of the Board of Appeals as previously. The process of cancellation will be more expensive, and could take more time.
6. Counterfeit goods:
Actions concerning parallel import should be filed with the Court; the Customs are no longer responsible for parallel import cases. In addition, the law now defines the term “counterfeit goods” as “any goods, and their packaging, that bear a trademark or a confusingly similar mark without the trademark owner consent”. Counterfeit goods, as well as any equipment or materials used for manufacturing such goods, are to be destroyed at the infringer’s expense.
For more information, please contact our Kazakhstan office at: kazakhstan@agip.com