CHANGES TO THE CUSTOMS CODE OF KAZAKHSTAN ON IP MATTERS
The present Legal Alert relates to the changes in the intellectual property (“IP”) protection by customs measures in Kazakhstan.
As of January 5, 2021 the amendments to the Customs Code of Kazakhstan were introduced in Kazakhstan. The amendments in the part of IP rights particularly relate to the following:
- Document confirming the illegal import of goods marked with the trademark is not required any longer.
In previous version of the Customs Code it was required to provide a document confirming the infringement of trademark rights during the customs declaration. Such a document could be a court decision from any country of the Eurasian Economic Union or a similar sanction decree from relevant administrative state body (customs, antimonopoly, or other). For those right holders, who did not face an issue with the unauthorized import, it was quite challenging to provide such a document.
Now the requirement to provide such a document has been abolished. It means that the customs registration became simpler.
- Confirmation of rights
The documents confirming the rights over an IP object such as trademark certificate, copyright certificate, license agreement, extract from the Kazakhstani Trademark Register, or letter confirming the status of trademark or copyright issued by the Kazakhstan Patent Office – now shall be submitted in the form of a simple copy.
In previous version of the Customs Code such a document was supposed to be submitted as an original or a notarized copy.
- Electronic insurance contract
An insurance agreement shall now be signed electronically through the web-site of an insurance company.
In previous versions of the Customs Code an insurance agreement was supposed to be submitted as an original. However, now a new form of insurance contract is proposed.
The insurance companies at the moment are not ready to propose such a service of insuring the professional risks through the web-sites, while such a possibility is expected in the close time.
- List of required documents
Now the list of documents required for the customs registration is includes the following:
- Information about the trademark owner and it’s representative;
- Copies of documents confirming the trademark rights;
- Customs codes of the goods (first 6 numbers) in accordance with Common Customs Tariffs of the Eurasian Economic Union;
- Pictures of genuine goods and description of distinctive features of infringing goods;
- List of importers that are authorized to import genuine goods to Kazakhstan;
- Undertaking to reimburse the expenses of importer if it is established that the goods are not infringing the trademark rights;
- Electronic insurance contract covering the professional risk of the trademark owner;
- Power of attorney for the representative.
- An application may be submitted electronically.
A new instrument for easier filing of an application was proposed. Currently the web-portal of the Customs Office is being tested, and in the close time an access to electronic application will also become public. There will be no need to file a paper application.
About us
Bolotov & Partners LLP provides a full range of services in the field of intellectual property, both in Kazakhstan and in other countries, including assistance in trademark registration, obtaining patents for inventions, industrial designs, preparation of license agreements and franchising agreements, know-how, in issues related to protection of copyright and related rights, as well as IP enforcement, including representation of clients in court.
For more information, please visit our website www.BolotovIP.com or contact us on +7 727 357 23 80.
