Kazakhstan: Changes to the IP Legislation
Important changes to the IP Legislation entered into force in Kazakhstan as of April 20, 2015.
1. Possibility to obtain the “Innovation patent” was abolished.
2. Previously only “device” could be registered as a utility model. According to recent amendments the subject matter of a utility model application was extended to “a device or process (method) as well as a new use of known device or process (method)”.
3. Changes to the trademark application requirements were introduces as well. It is no longer possible for several persons to be listed as co-applicants for one application. The requirement to be registered as individual entrepreneurs for applicants being natural persons was abolished. Besides, the identical trademarks can no longer be registered for the same goods even in the name of the same person.
4. Among other changes, the Trademark Certificates are no longer issued and are replaced with extracts from the Trademark Register.
5. Disputes related to trademark registration, 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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You are also welcome to review the brief applicant guide for registration of the IP rights in Kazakhstan:
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