On June 2, 2022, the Parliament of Kazakhstan passed amendments into the intellectual property legislation. In this alert, we briefly describe the most significant changes. 

Trademark opposition

The opposition proceeding will be introduced in the Trademark Law. It will be possible to oppose the registration of a trademark at the stage of its substantive examination. Earlier, it was only possible to file a cancellation action. 

Any third party will be able to file a statement of opposition within one month of the date of publication of application. The trademark applicant will be entitled to submit evidence and arguments within three months of the date of the Trademark Office’s notification on filed opposition. The Trademark Office then will make its decision in opposition proceedings based on the provisions of the Trademark Law and the parties’ arguments.

Geographical indication

Kazakhstan has introduced geographical indication as a new type of intellectual property. It is defined as an indication identifying that a product has originated in a certain geographical area, and that its quality, reputation and other characteristics are strongly linked to its geographical origin.

To qualify for this type of legal protection, at least one stage of production must be carried out within the given geographic area that significantly affects the product’s characteristics.

Protection of patent designs without registration

The Patent Law has been amended, making it possible to claim legal protection of patent designs that are not registered in Kazakhstan.

As such, a patent design which is new and original can be protected without registration within three years of the date of its first disclosure (the date when the patent design was made public in Kazakhstan).

These changes will come into force after being signed by the President, which is expected in late July 2022.

Dentons has significant experience in intellectual property matters, and we will be happy to assist you with any questions.