On October 14, 2016 a public hearing on the Draft Law of the Republic of Kazakhstan, "On amendments and additions to some legislative acts of the Republic of Kazakhstan" was held in Pavlodar City.

Modangul Marupovna Tagbergenova, the Patent Attorney came out with the expert opinion.

 

According to the results of 27th Plenary Session of the Foreign Investors Council under the President of Kazakhstan, the President requested the Government to develop the Law in the sphere of protection of intellectual property for systematic transition to the standards of the Organization for Economic Cooperation and Development (OECD).

The interagency working group established by the order of Minister of Justice developed the Draft Law.

The project provides for the introduction of 188 amendments to the 12 normative legal acts.

The Ministry of Justice held public hearings in the cities of Almaty, Astana, Karaganda, Pavlodar, Shymkent, Taldykorgan, etc.

 

The draft law concerns the entire legal system of intellectual property protection.

The proposed amendments relate to, for example, the publication of trademark applications as from the time of their receipt by the expert organization that will be the information for owners of existing marks. This will undoubtedly facilitate the work of the examination.

The proposal to insert into the Civil Code of the Republic of Kazakhstan the provision establishing a guaranteed right of trademark owners to recover damages from infringers in size from 500 to 10,000 MCI or twice the amount of the value of goods on which the trademark has been placed illegally is very important. This proposal is essential since now the issue of the amount of the damage caused when reveal counterfeit goods involves many difficulties.

A positive aspect is the simplification of the procedure for registration license agreements, in order to bring national legislation in accordance with the Singapore Treaty on the Law of Trademarks.

Overall, the project is of the current interest, prepared in the light of the new challenges that have arisen with the entry of Kazakhstan into WTO and membership in the EEU.

The project allows providing a systematic transition to OECD standards in the area of intellectual property protection.