LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 20, 2018 No. 161-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the legislation in the field of intellectual property

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-I, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-I, Art. 49; No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 13, Art. 45; No. 21, Art. 98):

1) in table of contents:

1000, of 1001, 1031 and 1036 to state headings of Articles 897-1, in the following edition:

"Article 897-1. Registration of provision of the right to use intellectual property item under the agreement of the complex entrepreneurial license";

"Article 1000. Transfer of exclusive right on the invention, useful model, industrial design

Article 1001. Provision of the right to use invention, useful model, industrial design";

"Article 1031. Transfer of the right to the trademark and provision of the right to use trademark";

"Article 1036. Right to use effective period name of the place of goods origin";

Article 897-1 to state 2) in the following edition:

"Article 897-1. Registration of provision of the right to use intellectual property item under the agreement of the complex entrepreneurial license

Provision of the right to use inventions, useful models, industrial designs, selection achievements, topology of integral chips, trademarks (service marks) registered according to the legislation of the Republic of Kazakhstan or protected without registration owing to international treaties under the agreement of the complex entrepreneurial license is subject to registration in the expert organization.";

3) in the subitem 2) Item 2 of Article 966:

shall be replaced with words the words "with preserving" "without preserving";

the word", but" to replace with the word "and";

Item 5 of Article 991 to state 4) in the following edition:

"5. Requirements imposed to conditions of patentability of the invention, useful model, industrial design under which there is right to the patent are determined by the Law of the Republic of Kazakhstan "The patent law of the Republic of Kazakhstan".";

"Authorized body" shall be replaced with words 5) in Item 1 of Article 998 of the word "the expert organization";

6) in Article 999:

in Item 1:

in paragraph one:

the words "patent body (organization)" shall be replaced with words "the expert organization";

in subitems 2) and 3) "patent body (organization)" shall be replaced with words words "the expert organization";

in Item 2 of the word "patent body (organization)" shall be replaced with words "the expert organization";

Article 1000 to state 7) in the following edition:

"Article 1000. Transfer of exclusive right on the invention, useful model, industrial design

The contract on transfer of exclusive right for the invention, useful model, industrial design consists in writing. Transfer of exclusive right is subject to registration according to the procedure, determined by authorized state body.

Non-compliance with written form and (or) the registration requirement attracts negligibility of the agreement.

Cancellation of registration is performed according to the Law of the Republic of Kazakhstan "The patent law of the Republic of Kazakhstan".";

To state heading and Item 1 of Article 1001 in the following edition:

"Article 1001. Provision of the right to use invention, useful model, industrial design

1. Licensed, sublicensed agreements on use of the invention, useful model, industrial design consist in writing. Provision of the right to use the invention, useful model, industrial design is subject to registration according to the procedure, determined by authorized state body.

Non-compliance with written form and (or) the registration requirement attracts negligibility of the agreement.

Cancellation of registration is performed according to the Law of the Republic of Kazakhstan "The patent law of the Republic of Kazakhstan".";

9) in Item 1 of Article 1002 of the word "patent body (organization)" shall be replaced with words "the expert organization";

10) in Article 1011:

in part one of the word "patent body (organization)" shall be replaced with words "the expert organization";

the second to state part in the following edition:

" Longer effective periods of the patent for separate types of selection achievements, and also possibility of their prolongation can be established by "The law of the Republic of Kazakhstan "On protection of selection achievements.";

11) in Item 1 of Article 1015 of the word "authorized state body" shall be replaced with words "the expert organization";

12) in item 4 of Article 1020:

shall be replaced with words words of "the legal entity or physical person performing business activity" "physical person or legal entity";

words "invalid provisions of legal protection" shall be replaced with words "invalid the legal protection provided";

replace the word "services" with the word "services";

Shall be replaced with words 13) in part three of Item 1 of Article 1024 of the word of "the legal entity or physical person performing business activity" "physical person or legal entity";

Item 1 of Article 1025 to add 14) with part two of the following content:

"Restrictions of the rights of owners for use of the trademark with requirements which can cause damage to distinctive capability of the trademark are not allowed.";

Article 1026 to state 15) in the following edition:

"Article 1026. Legal protection of the trademark in the territory of the Republic of Kazakhstan

In the territory of the Republic of Kazakhstan legal protection is provided to the trademark registered by the expert organization or the international organization owing to the international treaty ratified by the Republic of Kazakhstan.";

16) in Article 1027:

state Item 1 in the following edition:

"1. The priority of the trademark is established according to the Law of the Republic of Kazakhstan "About trademarks, service marks and names of places of goods origin" or owing to the international treaty ratified by the Republic of Kazakhstan.";

in part two of Item 2 of the word "patent body (organization)" shall be replaced with words "the expert organization";

17) in Article 1029:

in Item 1 of the word of "the classes specified in the certificate" to exclude;

in Item 3 of the word "patent body (organization)" shall be replaced with words "the expert organization";

To replace 18) in Item 1 of Article 1030 of the word of "all classes specified in the certificate" with the word of "registered";

Articles 1031 and 1032 to state 19) in the following edition:

"Article 1031. Transfer of the right to the trademark and provision of the right to use trademark

The agreement on transfer of the right to the trademark, licensed, sublicensed agreements are signed in writing. Transfer of the right to the trademark or provision of the right to use the trademark is subject to registration according to the procedure, determined by authorized state body.

Non-compliance with written form of the agreement and (or) registration requirement attracts negligibility of the agreement.

Cancellation of registration is performed according to the Law of the Republic of Kazakhstan "About trademarks, service marks and names of places of goods origin.

Article 1032. Responsibility for violation of the right to the trademark

1. Person which violated the right of the owner of the trademark shall stop immediately violation and pay to the owner of the trademark the losses suffered by it.

2. The disputes connected with determination of legitimacy of use of the trademark or designation similar to it to extent of mixing, or the well-known trademark are considered by court according to the procedure, established by the civil procedural legislation of the Republic of Kazakhstan.

3. Goods and its packaging on which the trademark or the designation similar to it to extent of mixing are placed without the consent of the owner are recognized counterfeit. Counterfeit goods and their packagings, and also the tool, the equipment or other means and materials used for their production are subject to withdrawal from turnover and to destruction at the expense of the violator based on the judgment which took legal effect, except as specified, when introduction into circulation of such goods is necessary in public concerns and does not violate requirements of the legislation of the Republic of Kazakhstan about consumer protection.

4. The owner has the right to require removal from counterfeit goods and their packagings illegally of the placed trademark or the designation similar to it to extent of mixing, in the cases specified in Item 3 of this Article.

5. Person which violated the right of the owner of the trademark in case of performance of works or rendering services shall remove the trademark or the designation similar to it to extent of mixing, from materials by which performance of works or rendering services, including from documentation, advertizing, signs is followed.

6. The owner in case of validity of the fact of offense has the right to demand instead of indemnification from the violator of payment of compensation in the amount of, determined by court, proceeding from nature of violation, market value of homogeneous (original) goods on which the trademark or the designation similar to it to extent of mixing, are placed with the consent of the owner.";

Item 3 of Article 1033 to state 20) in the following edition:

"3. Legal protection of the name of the place of goods origin is provided on condition of its registration or owing to the international treaty ratified by the Republic of Kazakhstan.";

21) in Item 3 of Article 1034 of the word "the term established by patent body (organization), but at least seven years, beginning from date of the specified registration" shall be replaced with words "seven years from registration date of the specified name of the place of goods origin";

Articles 1036 and 1037 to state 22) in the following edition:

"Article 1036. Right to use effective period name of the place of goods origin

Right to use by the name of the place of goods origin is effective within ten years, beginning from date of application in the expert organization.

The right to use validity can be extended by the name of the place of goods origin according to the application of its owner submitted within the last year actions for ten years when preserving the conditions granting right to use the name of the place of goods origin. Prolongation perhaps unrestricted number of times.

Article 1037 Responsibility for unauthorized use by the name of the place of goods origin

1. Person which violated right to use the name of the place of goods origin shall stop immediately violation and compensate to the owner of right to use by the name of the place of goods origin the losses suffered by it.

2. The disputes connected with determination of legitimacy of use of the name of the place of the goods origin or designation similar to it to extent of mixing are considered by court according to the procedure, established by the civil procedural legislation of the Republic of Kazakhstan.

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