Is Custom Recordal of Intellectual Property Rights (IPRs) available in Kazakhstan?
Is Custom Recordal of IPRs compulsory in Kazakhstan?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Kazakhstan?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Kazakhstan?
The Customs Regulation in the Republic of Kazakhstan (hereinafter referred to as «the Code»No. 123-VI ZRK) forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Kazakhstan.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective only on imports.
What is the role of the customs department/authority? (Kindly give 2-3 points)
Their role is to suspend and withhold the infringing goods. Also, it is their duty to act in accordance with the order of the court.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
The applicant can file a request to register "IP object" with the register of Eurasian Economic Community member states (hereinafter referred to as "single CIPR of the EAEC"). The same is to be filed along with other documents (as mentioned below in Question 8). The request is confirmed or denied in 30 days.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The documents required are as follows:
The application for IP object recording with the Community member states (CIPR) must have an attached document that proves the fact of transfer of the products with IP objects right violation across the EAEC customs border. The application for IP object recording with the CIPR of the RK must also have attached images of the distinctive features of the original goods, which comprise IP objects and the goods, which indicate features of the IP objects right violation.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Within 20 working days
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Kazakhstan by land, sea, and air?
Is there an online system for Custom Recordal in Kazakhstan?
What is the official fee for Custom Recordal in Kazakhstan?
No fee is there for Custom Recordal in Kazakhstan.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
1.5 months to 02 months
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Kazakhstan?
In which scenario does the customs department/authority suspend the clearance of imported goods?
Initially, on finding infringing goods, the customs authority can detain the same for 10 days and further, the detention may be continued up to the decision of the courts.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The destruction of goods is done in accordance to the Law of Kazakhstan.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Kazakhstan? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?
Yes, within 05 days of termination of rights, the information shall be communicated.