We note with satisfaction that eventually a criminal case has been initiated in Kazakhstan under Article 222 Part 1 of the Criminal Code of the Republic of Kazakhstan. We found out that counterfeit products bearing the trademarks “adidas” and “Reebok” were being sold in Almaty's store Sneakers. Having made a control purchase, having estimated the goods by its quantity, and having come to a conclusion about possible large damage, we approached to the Office of Public Prosecutor. The investigation of the case was taken up by the Economic Investigation Service of the Almaty Department of State Revenue. As a result of the investigation, an underground shop sewing counterfeit products bearing the trademarks "adidas" and "Reebok" was found. From this shop the counterfeit goods were delivered to the above-named store "Sneakers", as well as to the markets of Almaty and other regions of the country.
After the investigation, the case was sent to the district criminal court.
According to the decision of the Economic Investigation Service of Alamaty Department of State Revenue, Modangul Tagbergenova, the Patent Attorney, was recognized as a representative of the victim. As the representative of the victim, we took part in the proceeding of the criminal case on the charge of B. A. Botoyarov for the commission of a criminal offense under Article 222 part 1 of the Criminal Code of the Republic of Kazakhstan.
The court determined B. A. Botoyarov to be guilty of committing a criminal offense, provided for by part 1 of Article 222 of the Criminal Code, and imposed him a fine in the amount of 100 monthly calculation indices and charged back from B. A. Botoyarov procedural expenses in the amount of 32,100 tenge, spent for conducting forensic examination of the goods.
The court also hold to destroy material evidence, sports shoes with the trademarks "adidas" and "Reebok", accessories in the form of the upper part of the footwear, soles and emblems kept in "Nazar Group" LLP.
We hope that this case is the first, but not the last case initiated under Article 222 of the Criminal Code of the Republic of Kazakhstan. Only successfully combating unscrupulous market participants, we will bring our country closer to the civilized, legal community of people who respect other's intellectual property and will therefore always have quality original products.