On August 21, 2022, the Law on Amendments and Supplements to Certain Legislative Acts of the Republic of Kazakhstan on Improving Legislation in the Fields of Intellectual Property and Providing State-Guaranteed Legal Aid will enter into force.
Trademarks
Opposition procedure – interested persons have the right to file an objection to the registration of the relevant TM within one month from the date of publication of the application.
The applicant receives a copy of the objection and has 3 months to submit a response.
The Office’s expert makes a decision on the registration of the application based on the objection received and the answer to it.
The list of examples of proper use of a trademark is supplemented by the registration of an assignment agreement of the transfer of the right to TM, and the use of the trademark in the domain name.
Industrial designs
The maximum period of validity has been increased from 20 to 25 years.
The first period of validity of the rights is 10 years with the right to further extension every 5 years.
Temporary protection is granted to unregistered industrial designs for a period of up to 3 years from the date of publication on the territory of Kazakhstan.
Protection of plant varieties
The term of the preliminary examination of the application is shortened from 4 to 1 month.
The term of publication of an application for a plant variety patent is reduced from 1 month to 5 days from the date of such a decision.