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April 28, 2015
Amendments to some IP legal acts came into effect in Kazakhstan

The Law of the Republic of Kazakhstan No. 300-V dated April 7, 2015 “On Amendments to Some Legislative Acts of the Republic of Kazakhstan on the Legal Regulation of Intellectual Property Sphere" came into effect as of April 20, 2015.

GENERAL

State registration of franchising agreements is introduced. If the agreement stipulates the transfer of exclusive rights to patents, utility models, industrial designs, trademarks registered in Kazakhstan, it should be registered at the Patent Office similar to license agreements. Previously only a simple written form was required.

A number of provisions of national legislation was brought into accordance with international treaties ratified by Kazakhstan.

PATENTS

The innovation patent system was abolished and registration of the innovation patent is not possible anymore.

Also, new subject matter for utility model applications was introduced: “a process (method) as well as a new use of known product or process(method)”. Previously utility model applications were applied to “device” only.

TRADEMARKS

A few changes were made to the trademark application requirements. For example it is no longer possible for several persons to be listed as co-applicants for one application and the requirement for applicants - natural persons to be registered as individual entrepreneurs was abolished. Besides identical trademarks can no longer be registered for the same goods even in the name of the same person.

Among other changes Trademark Certificates are no longer issued and are now replaced with extracts from the Trademark Register.

Also, disputes arising from trademark registration (or refusal thereof) and non-use cancellation of trademarks cannot be brought directly to the court and should be considered by the Appeal Board of the Trademark Office first.


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