In this guide, Meruet Zhunubaeva, an expert in intellectual property law, provides valuable insights into Kazakhstan's legal framework for trademarks, patents, and copyrights. She also outlines practical steps businesses can take to protect their rights and prevent potential violations. In her first article Meruet told us how non-residents can register and operate businesses in Kazakhstan.
Meruet Zhunubaeva, Senior Partner, MG Partners Almaty, Linkedin
I specialize in supporting and protecting businesses, including the protection of intellectual property on the territory of Kazakhstan.
Protection of intellectual property in Kazakhstan is regulated by domestic legal acts and international treaties to which Kazakhstan is a party, which helps protect the rights of Kazakh authors in Kazakhstan, outside the country and recognize foreign rights in Kazakhstan.
Violations of rights may include:
— unlawful use of trademarks
— counterfeit patented technologies or products
— piracy and illegal distribution of content.
An important part of legal protection is the prevention of violations at an early stage. This includes trademark, copyright and patent registration, control and management of their rights, and cooperation with intellectual property lawyers.
Important aspects of registration of intellectual property objects should be identified as the first step for protection in Kazakhstan.
Trademark
The trademark may include visual, verbal, letter, numerical, spatial or other designations or combinations thereof that distinguish goods and services of some persons from homogeneous goods or services of others.
The trademark registration process takes from eight to ten months. When registering a trademark, indicate which ICGS — International Classification of Goods and Services, classes the trademark will be valid for.
The full list of ICU classes can be found at: onlinepatent.ru
If the trademark is not used without good cause, the registration may be cancelled after three continuous years at the request of any interested person.
Term of protection: 10 years from the date of registration. The term of the trademark may be extended for a further 10 years upon application by the holder during the last year of the trademark. The extension can be done an unlimited number of times.
If the trademark holder has transferred all or part of the rights to the trademark to another person under a license or agreement but has not registered with an authorized body, the contract may be considered invalid.
Patents
Patents protect intellectual property outcomes such as inventions, utility models, and industrial designs.
They are different in their novelty, industrial applicability, and level of invention.
The invention is a technical solution in various areas related to the product or method. An invention is legally protected if it is new, has an inventive level and can be used industrially.
Inventions must be of an inventive level, as opposed to a utility model.
Term of protection: 20 years from the date of application with extension for a period not exceeding 5 years upon application.
The utility model is a technical solution related to the device. It is legally protected if it is new and can be used industrially. The utility model is sometimes called a "small invention" because its application procedure and documentation are similar to those for an invention.
Term of protection: Five years with extension for three years upon request.
An industrial design is an artistic design decision that determines the appearance of an object. For example, a unique package or a chair shape designed by you — registered as an industrial design. The industrial sample must meet only the criterion of originality.
Term of protection: 10 years from the date of application with extension for 5 years on request, no more than three times.
Copyright
Copyright is automatically created from the moment of creation and does not require registration. However, registration helps in court proceedings to prove authorship.
In Kazakhstan, the copyright is valid for the lifetime of the author and 70 years after his death. After this period, the work becomes a public domain and can be used freely.
There are many features of each copyright object. So, in the IT field, when registering a company as an Astana Hub member, registration of copyright for the computer program or transfer of rights under the copyright agreement will be an advantage.
Thus, the system of protection of intellectual property in Kazakhstan is sufficiently developed and includes both domestic legislative measures and international mechanisms to protect the rights of authors and inventors.
