The Kazakhstani Parliament amended the country’s intellectual property laws on June 2, 2022. We quickly outline the most important changes in this article.
Trademark opposition procedure in Kazakhstan
The Trademark Law will introduce the opposition proceeding. At the time of its substantive examination, a trademark registration might be opposed. Prior to this, only cancellation actions could be filed.
Within one month after the application’s publication date, any third party may submit a statement of opposition. Following the Trademark Office’s notification of a filed objection, the trademark applicant will have three months to submit supporting documentation and arguments. The Trademark Office will then base its decision in opposition proceedings on the Trademark Law’s provisions as well as the reasons made by the parties.
Geographical indication
A geographical indication is a brand-new form of intellectual property that Kazakhstan has adopted. It is defined as a sign indicating that a product has a certain geographic origin and that its reputation, quality, and other traits are closely related to that origin.
This type of legal protection requires that at least one stage of production, which has a major impact on the product’s qualities, take place inside the designated geographic area.
Unregistered patent designs protection
It is now possible to claim legal protection for patent designs that are not registered in Kazakhstan thanks to changes made to the Patent Law. As a result, within three years after the date of its first disclosure, a patent design that is novel and original can be protected without registration (the date when the patent design was made public in Kazakhstan). In July 2022, these modifications become effective after being approved by the President.
You can see a list of Kazakhstan IP firms here.