The President of the Republic of Kazakhstan has signed the Law “On Introducing Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Intellectual Property”.
The Law was developed to strengthen the protection of intellectual property rights and introduces a number of measures, such as:
Access for Visually Impaired Persons
Previous regime
Using works required the authors’ consent and remuneration payment. This concerned public performance, distribution, and making works available to the public.
New regime
Provides the possibility for visually impaired persons to access published works without the need to obtain the authors’ permission and without payment of remuneration.
Registration of Trademarks
Previous regime
The standard registration procedure took approximately 7 months.
New regime
An additional paid option for accelerated registration is introduced, reducing the timeframe to 3 months.
Timeframe for Filing Oppositions against a Mark’s Registration
Previous regime
The timeframe for filing an opposition was 1 month.
New regime
The timeframe is extended to 2 months, formally increasing the period during which interested parties can assert their objections.
State Control over the Use of Copyright and Related Rights Objects
Previous regime
Inspections were predominantly scheduled, initiated by state authorities according to a set schedule.
New regime
The timeframe is extended to 2 months, formally increasing the period during which interested parties can assert their objections.
State Control over the Use of Copyright and Related Rights Objects
Previous regime
Inspections were predominantly scheduled, initiated by state authorities according to a set schedule.
New regime
The justice authorities have been empowered to conduct unscheduled inspections based on applications from authors and rights holders.
Collective Management of Rights
Previous regime
Rights management was carried out through disparate mechanisms, without a unified digital system.
New regime
A unified digital platform is being introduced, intended to consolidate the processes of collective rights management within a single technological space.
Conclusions
- The Law considers the interests of visually impaired persons, providing them access to works without the need to obtain authors’ permission or pay remuneration. This reflects a priority for social inclusion.
- The introduction of a paid accelerated trademark registration (reducing the timeframe from 7 to 3 months) is aimed at stimulating business activity and enabling faster market entry for goods.
- Extending the opposition period to 2 months broadens opportunities for market participants to protect their rights and prevent bad-faith registrations.
- Unscheduled inspections by justice authorities based on applications from authors and rights holders strengthen state control and create additional mechanisms for the protection of copyright and related rights.
- The introduction of a unified digital platform in the sphere of collective rights management demonstrates a commitment to modernisation, transparency, and technological advancement in the field of intellectual property.
REVERA Recommendations
- Adapt internal processes to the new registration and opposition timeframes to avoid missing opportunities for brand protection.
- Assess the feasibility of accelerated trademark registration: weigh the costs and benefits of faster market entry.
- Enhance monitoring of competitors and file oppositions against bad-faith applications in a timely manner.
- Prepare for possible inspections by justice authorities: implement internal procedures for recording and using copyright objects.
- Engage with the digital transformation: explore the capabilities of the unified collective rights management platform and integrate it into business processes.
How REVERA Can Assist
- Consulting and Audit: Risk analysis and preparation of recommendations for IP protection under the new framework.
- Trademark Registration: Handling of standard and accelerated procedures, preparation of applications, and liaison with the authorities.
- Oppositions and Disputes: Preparation and filing of oppositions against third-party marks, representation in court proceedings.
- Copyright Protection: Assisting authors and rights holders in initiating inspections, preparation of applications, and legal support during inspections.
- Digital Solutions: Advising on the use of the unified collective rights management platform, amending agreements and procedures for its effective utilisation.
Author: Alibek Slan
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