Protecting and Defending Appellations of Origin for Goods in the Republic of Kazakhstan

Concept and Significance of Appellations of Origin

An appellation of origin (AO) is a special designation used to identify goods originating from a specific geographical location, where production conditions, including natural and/or human factors, give the products unique properties, reputation, or quality.

In Kazakhstan, AOs play an important role in promoting goods created using traditional technologies and leveraging the natural and climatic features of a specific region.

Examples of well-known Kazakhstani AOs include:

Saryagash mineral water

Rudnenskiy tan (a fermented milk drink)

Shubarkul coal, etc.

AOs from other countries are also registered in Kazakhstan:

Borjomi mineral water (Georgia)

Budvar beer (Czech Republic)

Tula gingerbread (Russia)

Prosecco wine (Italy), etc.

Legal Framework

The legal protection of AOs in Kazakhstan is carried out in accordance with:

The Civil Code of the Republic of Kazakhstan (Special Part);

The Law of the Republic of Kazakhstan “On Trademarks, Service Marks, and Appellations of Origin” (dated July 26, 1999);

International treaties to which Kazakhstan is a party (including the Paris Convention).

The National Institute of Intellectual Property (Kazpatent), an authorized state body in the field of intellectual property, is responsible for the registration and protection of AOs.

Conditions for AO Protection

To obtain legal protection, the appellation must meet the following conditions:

The good must originate from the geographical location whose name is specified in the AO;

The quality, reputation, or other characteristics of the good must be due to this specific geographical environment (natural or human);

The production processes (fully or partially) must take place in this location;

The appellation must be recognizable and associated with the specific place of origin of the good.

AO Registration Procedure in Kazakhstan

Filing an application with Kazpatent (includes a statement, a description of the good, an indication of the geographical location, and information about the properties of the good confirming its origin and features);

Formal examination (verifying the justification for the link between the location and the unique characteristics of the good);

Decision on registration and entry into the State Register of AOs;

Issuance of a certificate, which grants the right to use the AO.

The right to use is granted for 10 years, with the possibility of multiple renewals for the same term.

Protection and Enforcement of AO Rights

Holders of the right to use a registered AO are granted the right to use this designation in commercial activities. Infringement of these rights entails civil, administrative, and, in some cases, criminal liability.

Infringement is considered to be:

-Unauthorized use of someone else’s AO;

-Use of similar designations that could cause confusion;

-Production and sale of goods with a false indication of their place of origin;

-Imitation of packaging or marketing associated with a protected AO.

Legal protection measures:

-Filing a lawsuit in court;

-Compensation for damages and harm;

-Injunction to stop the infringement;

-Seizure and destruction of the products.

Problems and Development Prospects

Despite the existing legislative framework, the protection of AOs in Kazakhstan faces several challenges:

– Low level of awareness among producers about the benefits of AO registration;

– Difficulties in collecting evidence of the uniqueness of goods;

– Lack of regional research and certification institutions;

– Limited export potential without recognition abroad.

At the same time, given the growing interest in national brands, eco-products, and traditional technologies, AO protection is becoming an important tool for regional development and promoting Kazakhstani goods on the global market.

Thus, the protection of appellations of origin for goods in Kazakhstan represents a promising direction in the field of intellectual property. It ensures the protection of local producers’ interests, increases the value of national brands, and contributes to the preservation of cultural and natural heritage. In our opinion, to unlock the full potential of AOs, an active state policy, support for scientific research, and an increase in legal culture among entrepreneurs are necessary.

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