July 2019A 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”). Currently, Kazakhstan has legal protection of industrial designs (“ID”); in this context, the certificate of registration of the ID is issued upon completion of a formal and substantial examinations of the application and is valid for 15 years and can be extended for another 5 years. The draft Concept in the form in which we received it, suggests the following:
- Provision of a short-term protection to unregistered industrial designs in certain industries which have relatively short period of use in connection with constant development of market for similar goods (for example, in the fashion industry and etc.), and
- Reduction of the “basic” term of validity of the registration certificate of ID and increasing the term of renewal of such certificate.
- publication of applications to register industrial designs;
- possibility of receiving remuneration for use by the third parties of unregistered ID;
- reduction of the basic term of its registration maybe even to 3 years; and
- considerable, however still unclear possible extension of validity term of ID registration certificate.
Yuri Bolotov, Saule Kulzhambekova -July, 2009