LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 20, 2022 No. 128-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the legislation in spheres of intellectual property and rendering the legal aid guaranteed by the state

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:

1) in Item 3 of Article 961:

add with subitem 2-1) of the following content:

"2-1) geographical instructions;";

3) to state the subitem in the following edition:

"3) names of places of goods origin;";

The subitem 3) of Item 1 of Article 999 to state 2) in the following edition:

"3) the patent for industrial design - within ten years. The validity of the patent can be extended every time by the expert organization for the petition of the patentee for five years. At the same time aggregate term of action of the patent shall not exceed twenty five years from the date of application.";

Shall be replaced with words 3) in Item 1 of Article 1027 of the word "and names" ", geographical instructions and names";

Shall be replaced with words 4) in part three of Article 1031 of the word "and names" ", geographical instructions and names";

Paragraph 3 of Chapter 56 to state 5) in the following edition:

"Paragraph 3. Geographical specifying and name of the place of goods origin

Article 1033. Conditions of legal protection of geographical specifying and name of the place of goods origin

1. Legal protection of geographical specifying and the name of the place of goods origin is provided based on their registration according to the procedure, established by the Law of the Republic of Kazakhstan "About trademarks, service marks, geographical instructions and names of places of goods origin", and also owing to international treaties of the Republic of Kazakhstan.

2. Geographical specifying is the designation identifying the goods occurring from the territory of geographical object, certain quality, reputation or other characteristics of which are substantially connected with its geographical origin. In the territory of this geographical object one of goods production stages having significant effect on forming of its characteristics shall be performed at least.

3. The name of the place of goods origin is the designation representing or containing the modern or historical, official or unofficial, full or abbreviated name of the country, settlement, area or other geographical object which is including it the name or derivative of such name and became known as a result of its use in respect of goods which special characteristics only or are mainly determined by environment and (or) human factors, characteristic of this geographical object. In the territory of this geographical object all production stages of goods having significant effect on forming of special characteristics of goods shall be performed.

4. Borders of geographical object of production of goods, and also special characteristics of goods for which designation geographical specifying and the name of the place of goods origin are used shall conform to the requirements established by the legislation of the Republic of Kazakhstan. Control of observance of the specified requirements is exercised according to the laws of the Republic of Kazakhstan.

5. Is not recognized geographical specifying and the name of the place of goods origin and the designation though which is representing or containing the name of geographical object, but entered in the Republic of Kazakhstan the general use as the designation of goods of certain type which is not connected with the place of its production is not subject to registration for the purposes of its legal protection according to rules of this paragraph. The specified circumstance does not deprive person whose rights are violated by unfair use of such name, possibilities of their protection by the different ways provided by the laws of the Republic of Kazakhstan including based on rules about unfair competition.

6. Designations to which legal protection as geographical specifying and the name of the place of goods origin cannot be provided are determined by the laws of the Republic of Kazakhstan.

Article 1034. Right to use by geographical specifying and name of the place of goods origin

1. The person having right to use geographical specifying and the name of the place of goods origin, having the right to place this specifying and the name on goods, packaging in advertizing, prospectuses, accounts and to use them otherwise in connection with introduction of these goods in civil circulation.

2. Geographical specifying and the name of the place of goods origin can be registered by several persons both jointly, and independently from each other for designation of the goods meeting the requirements specified in Items 2 and 3 of Article 1033 of this Code. Right to use by geographical specifying and the name of the place of goods origin belongs to each of such persons.

3. Person who was honesty using the geographical designation identical or similar with registered by geographical specifying and the name of the place of goods origin, at least in six months prior to date of its first registration keeps the right to its further use within seven years from registration date of the specified geographical specifying and the name of the place of goods origin.

4. Alienation, other transactions about right to use concession geographical specifying and the name of the place of goods origin, provision of use of them based on the license are not allowed.

Article 1035. Coverage of legal protection of geographical specifying and name of the place of goods origin

1. In the Republic of Kazakhstan legal protection is provided to the geographical instructions and names of places of goods origin which are in the territory of the republic.

2. Legal protection of geographical specifying and the name of the place of goods origin which are in other state it is provided in the Republic of Kazakhstan if they are registered in the country of goods' origin, and also in the Republic of Kazakhstan, according to the procedure, established by the law.

Article 1036. Right to use effective period geographical specifying and name of the place of goods origin

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

Right to use effective period can be extended by geographical specifying and 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 geographical specifying and the name of the place of goods origin. Prolongation perhaps unrestricted number of times.

Article 1037. Responsibility for the actions connected with unauthorized use by geographical specifying and the name of the place of goods origin

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

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

3. Goods and its packaging, advertizing, prospectuses, accounts on which the geographical specifying and the name of the place of goods origin or designation similar to them 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 geographical specifying and the name of the place of goods origin or designations similar to them to extent of mixing, in the cases specified in Item 3 of this Article.

5. Person which violated right to use geographical specifying and the name of the place of goods origin in case of performance of works or rendering services shall remove the geographical specifying and the name of the place of goods origin or designation similar to them 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 geographical specifying and the name of the place of goods origin or designation similar to them to extent of mixing, are placed with the consent of the owner.

7. Violation by the owner of requirements of the legislation of the Republic of Kazakhstan for borders of geographical object of production of goods and special characteristics of goods for which designation geographical specifying and the name of the place of goods origin is used and also submission of obviously false information about them by officials of local executive bodies and authorized bodies in the cases provided by the Law of the Republic of Kazakhstan "About trademarks, service marks, geographical instructions and names of places of goods origin" attract the responsibility provided by the laws of the Republic of Kazakhstan.".

2. In the Criminal Code of Kazakhstan of July 3, 2014:

state Article 222 in the following edition:

"Article 222. Illegal use of the trademark, service mark, trade name, geographical specifying and name of the place of goods origin

1. Illegal use of someone else's trademark, service mark, trade name, geographical specifying and the name of the place of goods origin or designations, similar to them, for homogeneous goods or services if this act caused major damage, -

it is punished by penalty in the amount up to eighty monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to eighty hours, or arrest for a period of up to twenty days.

2. Illegal use of precautionary marking concerning the trademark which is not registered in the Republic of Kazakhstan, service mark, geographical specifying and the name of the place of goods origin if this act caused major damage, -

it is punished by penalty in the amount up to eighty monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to eighty hours, or arrest for a period of up to twenty days.

Note. Person which for the first time made the act provided by this Article is exempted from criminal liability in case of voluntary compensation of damage.".

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