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Enforcement of IPRs in Kazakhstan


Enforcement of IPRs
There are many markets that openly sell counterfeit goods obtained from imports like in Almaty, Almary, etc. Although raids are conducted, there is some loophole because of which these markets are still effectively running.
Automobile spare parts, computer equipment, perfumes, consumer goods, clothing, and smartphones accessories are the goods that most often face counterfeiting and piracy.
The Entrepreneurial Code of the Republic of Kazakhstan; The Civil Code of the Republic of Kazakhstan; The Law on Copyright and Related Rights; The Law of the Republic of Kazakhstan on Trademarks, Service Marks, and Appellations of Origin; The Law on Patents of the Republic of Kazakhstan; The Law of the Republic of Kazakhstan On Legal Protection of Layout Design of Integrated Microcircuits; and The Code On Customs Issues in the Republic of Kazakhstan.
Patent, utility models, industrial designs, copyright, appellation of origin, service marks, etc.
Yes; 03 years
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Cases in Kazakhstan courts are tried within rather short timeframes. In fact, trial courts render decisions within the 02 months of accepting the claim. However, before a decision takes effect, it may be appealed to a court of appeals and to the court of last resort; so, trying a case may take up to 06 months.
A) Responsible Authority - Courts, Customs
B) Imprisonment Term - 02 years
C) Monetary Fine - Damage to a legal entity in excess of 1,000 times the monthly calculation index
Correctional labour for up to 02 years is the other criminal remedy available in Kazakhstan.
There is no distinct provision to facilitate ADR resolution in IP matters. However, the parties may choose to do so at their own disposal via an agreement.
Seizure and destruction of goods are the remedies available under border control measures (customs) in Kazakhstan.
Court proceedings and Customs