Relevant changes in the legislation of the Republic of Kazakhstan in the field of intellectual property and practice of its application

Abstract

The Law of intellectual property in Kazakhstan is currently under development. This is evidenced by the amendments and additions to the legislation adopted in 2022 by the Law of the Republic of Kazakhstan (hereinafter referred to as the RK) dated June 20, 2022, No. 128-VII “On amendments and additions to certain legislative acts of the Republic of Kazakhstan on issues improvement of legislation in the areas of intellectual property and provision of state-guaranteed legal assistance”. This regulatory legal act introduced new provisions into the main legislative acts regulating the field of intellectual property: the Civil Code of the Republic of
Kazakhstan, the Law of the Republic of Kazakhstan dated June 10, 1996 «On Copyright and Related Rights», the Law of the Republic of Kazakhstan dated July 13, 1999 «On the Protection of Breeding Achievements», Law of the Republic of Kazakhstan dated July 16, 1999 «Patent Law of the Republic of Kazakhstan», Law of the Republic of Kazakhstan dated July 26, 1999 «On Trademarks, Service Marks and Appellations of Origin», Law of the Republic of Kazakhstan dated June 29, 2001 «On the Legal Protection of Topographies of Integrated Circuits".
The norms of paragraph 3 of Chapter 56 (Art. 1034-1037) of the Civil Code of the Republic of Kazakhstan are supplemented by such a means of individualization as a geographical indication.
On pp. 3 p. 1 art. 999 of the Civil Code of the Republic of Kazakhstan, in paragraph 3 of Art. 5 of the Patent Law of the Republic of Kazakhstan reduced the initial term of a patent for an industrial design from 15 years to 10 years, but at the same time, the total term of a patent for an industrial design was increased from 20 years to 25 years.
For the first time, the Patent Law of the Republic of Kazakhstan regulates the concept and provides legal protection to an unregistered industrial design.
A qualitatively different approach is applied to patent attorneys. Article 3-1 of the Law of the Republic of Kazakhstan «On Breeding Achievements», Art. 4 of the Patent Law of the Republic of Kazakhstan, art. 3 «On Trademarks», Art. 4 of the Law of Kazakhstan “On TIMS” the function of the authorized body in relation to patent attorneys has been supplemented, namely: exclusion from the register of patent attorneys, invalidation of the certificate of a patent attorney and cancellation of information in the register of patent attorneys.