If you plan to do business in Kazakhstan, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
The National Institute of Intellectual Property (Qazpatent) is the body responsible for operating the patent, industrial design, trade mark and copyright system in Kazakhstan.
Kazakhstan is a party to several international agreements in the field of intellectual property such as: The Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks.
The IPO acknowledges the assistance of Qazpatent in the creation of this country guide.
Trade Marks
The trade mark processes are similar to the UK, and online services are available.
A trademark registration is valid for ten years from the date of filing.
A trademark registration is renewed for ten years each time on the application of the owner submitted during the last year of its validity.
To protect a trade mark in Kazakhstan, you can apply directly online to Qazpatent.
WIPO (World Intellectual Property Organisation) application – International trademark applications are received electronically from the World Intellectual Property Organization.
Good to know
Qazpatent have a very comprehensive web service in English.
Foreign nationals may not apply independently for registration of intellectual property, but only through patent attorneys.
Patents
An application for the issue of a Patent (title of protection) shall be submitted to the Qazpatent by the applicant entitled to the title of protection under Article 10(1) of the Patent Act. An invention patent is valid for twenty years from the date of application.
In day-to-day use, the term ‘invention’ is used to describe the patent.
Good to know
Foreign nationals may not apply independently for registration of intellectual property, but only through patent attorneys.
Designs
An industrial design refers to the artistic and design solution of a product of industrial or handicraft production that determines the appearance of the product. The industrial design is provided with legal protection. Applications to Qazpatent can be made online.
An industrial design patent is valid for ten years from the date of application. The term may be extended by five years each time on application by the patentee. The total duration of a patent shall not exceed twenty-five years from the filing date.
Good to know
Applications need to be submitted in Kazakh or Russian Language.
Foreign nationals may not apply independently for registration of intellectual property, but only through patent attorneys.
Copyright
Qazpatent has a system of registration of copyright. This provides a service of entering the information and changes thereof in the State Register of Rights to Objects Protected by Copyright.
Copyright is valid for the life of the author and seventy years after their death.
Copyright in a co-authored work lasts for life and seventy years after the death of the last surviving author.
Good to know
The copyright of separately co-authored works may be entered in the Register separately if either co-author states so in their declaration.
Enforcing your rights
It is the responsibility of the Ministry of Justice to define public policy, as well as to coordinate the enforcement of intellectual property rights. They provide detailed information on Intellectual Property.
More Information
Qazpatent produces an Annual Report which is publicly available.
The British Embassy in Astana (formerly Nur-Sultan) maintains and develops relations between the UK and Kazakhstan.
https://www.gov.uk/guidance/ip-in-kazakhstan
Content Reproduced verbatim from the Website of the United Kingdom Intellectual Property Office (UKIPO) as permitted under their Terms of Use.