Yuri Bolotov
Saule Kulzhambekova July 2019
A few days ago we received a draft Concept for the draft Law of the Republic of Kazakhstan “On Amendments into some Legislative Acts of the Republic of Kazakhstan related to Intellectual Property Legislation Development” (the “Concept”).
Regulation in relation to a new object of intellectual property called geographical indication (hereinafter – “GI”) is provided for in the Concept.
Currently only the concept of “geographical indication” had been introduced. A geographical indication is an indication identifying goods originating from a certain territory, region or locality. Protection of GI however it is not clearly defined in the Concept. It is to say that presently geographical indication only exists as conceptual definition.
Kazakhstan regulated in more detail the legal protection of appellations of origin of goods (hereinafter – “AOG”) - goods whose special properties, quality, reputation or other features mainly relate to their geographical origin, including the specific natural conditions and (or) human factors. A certificate of registration of AOG is issued after examination of the application and is valid for 10 years and then can be renewed for additional 10-year period.
GI is a more general concept in relation to the particular. At the current, it is not clear which direction Kazakhstan shall follow when introducing the above: the path of Belarus (no registration and register, protection of only those GI that are located in the territory of Belarus on the basis of provisions of unfair competition) or the path of Russia (examination, inclusion to the GI register and etc.), or shall determine its own path. Since the Concept already refers to the register and the possibility of an opposition procedure for GI, we suppose that the law-making body had already made a choice in favor of the Russian path, however based on our vast experience the intentions do not always correspond to the final result.
We expect that the procedure for registering a geographical indication (if introduced) shall be easier compared to the AOG and shall not contain requirements related to the preparation of a serious set of documents issued by local authorities, and confirmation of the “special properties of goods”. We also hope that, following the experience of Belarus, protection shall be provided to indications of the origin of goods (for example, markings such as “Made in Kazakhstan”.)
Taking into account that type of GI protection had not been determined, Bolotov & Partners LLP is ready to assist its clients in the analysis and development of the proposed changes.
Our lawyers are engaged in registration, maintenance, transfer and challenging rights to appellation of origin of goods and have deep understanding and extensive experience in protection of clients’ rights to trademarks, patents and domain names. We shall be happy to assist in above matters.
Please contact us via telephone or e-mail info@BolotovIP.com
Yuri Bolotov, Saule Kulzhambekova -July, 2009